Glasgow Airport Rail Link Act 2007

Part 1 S Works, etc.

Works S

1 Authority to construct works S

The authorised undertaker is hereby authorised to construct and maintain the authorised works, namely—

(a) the scheduled works referred to in section 2 (“the scheduled works”); and

(b) the ancillary works referred to in section 3 (“the ancillary works”).

2 The scheduled works S

The scheduled works are the works situated within the lateral limits of deviation shown on the Parliamentary plans, at the levels shown on the Parliamentary sections and specifically described in schedule 1 to this Act.

3 The ancillary works S

(1) The ancillary works are such works of the nature described in schedule 2 to this Act as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction of the scheduled works.

(2) Subject to subsection (3), subsection (1) only authorises the carrying out or maintenance of works—

(a) within the limits of deviation;

(b) on land specified in columns (1), (2) and (3) of schedules 5 and 6 for the purpose specified in relation to that land in column (4) of the relevant schedule (being land shown on the Parliamentary plans as lying within the limits of land to be acquired or used).

(3) The authorised undertaker may construct and maintain ancillary works identified in paragraphs 12 and 13 of schedule 2 anywhere within the Act limits.

4 Permitted deviation within limits S

In constructing or maintaining any of the authorised works the authorised undertaker may—

(a) deviate laterally from the lines or situations shown on the Parliamentary plans within the limits of deviation for that work shown on those plans; and

(b) deviate vertically from the levels shown on the Parliamentary sections—

(i) to any extent not exceeding 3 metres upwards; and

(ii) to any extent downwards as may be necessary or expedient.

5 Access to works S

(1) The authorised undertaker may, for or in connection with the authorised works, form and lay out means of access, or improve existing means of access to or from any public road—

(a) at the points shown on the Parliamentary plans; or

(b) in such location or locations within the limits of deviation or the limits of land to be acquired or used as may be approved by the roads authority.

(2) Approval of the roads authority under subsection (1)(b) shall not be unreasonably withheld and any question whether an approval has been unreasonably withheld shall, unless the parties otherwise agree, be determined by arbitration.

6 Construction and maintenance of altered roads S

Where a road is altered under this Act, the altered part of the road shall when completed to the reasonable satisfaction of the roads authority, unless otherwise agreed, be maintained—

(a) by and at the expense of the authorised undertaker for a period of 12 months from its completion; and

(b) at the expiry of that period by and at the expense of the roads authority.

7 Works treated as major works for road purposes S

(1) Works to which subsection (2) applies shall be treated for the purposes of Part IV of the 1991 Act as major works for roads purposes if—

(a) they are of a description mentioned in any of paragraphs (a) to (d), (f) and (g) of section 145(3) of that Act (which defines what roads authority works are major works for roads purposes); or

(b) they are works which, had they been executed under the powers of the roads authority, might have been carried out in exercise of the powers conferred by section 27 (dual carriageways, roundabouts and refuges) or 63 (new access over verges and footways) of the Roads (Scotland) Act 1984 (c. 54).

(2) This subsection applies to any works executed under this Act in relation to a road which consists of or includes a carriageway other than those executed under power delegated to a roads authority by an agreement under section 8.

(3) In Part IV of the 1991 Act, references, in relation to major works for roads purposes, to the roads authority concerned shall, in relation to the works which are major works for roads purposes by virtue of subsection (1), be construed as references to the authorised undertaker.

8 Agreements with roads authorities S

(1) Where under this Act the authorised undertaker is authorised to interfere with an existing road or part of an existing road, it may enter into agreements with the persons having the charge, management or control of the road concerning the construction (or contribution towards the expense of the construction) of—

(a) any alteration of the existing road, and

(b) any other related matters.

(2) The authorised undertaker may, by agreement with any such persons, delegate to them the power to make any such alteration of an existing road, including any bridge over any railway, and, where the authorised undertaker is responsible for maintaining the altered road or bridge, the power to maintain it.

Supplemental powers S

9 Temporary stopping up, alteration or diversion of roads S

(1) During and for the purposes of the execution of the authorised works the authorised undertaker may temporarily stop up, alter or divert any road and may for any reasonable time—

(a) divert the traffic from the road; and

(b) subject to subsection (2), prevent all persons from passing along the road.

(2) The authorised undertaker shall provide reasonable access for pedestrians going to or from premises abutting on a road affected by the exercise of the powers conferred by this section if there would otherwise be no such access.

(3) Without prejudice to the generality of subsection (1), the authorised undertaker may temporarily stop up, alter or divert each of the roads specified in columns (1) and (2) of schedule 3 to this Act to the extent specified (by reference to the letters and numbers shown on the relevant Parliamentary plans) in column (3), and may for any reasonable time—

(a) divert the traffic from the road; and

(b) subject to subsection (2), prevent all persons from passing along the road.

(4) The authorised undertaker shall not exercise the powers conferred by this section—

(a) in relation to any road specified as mentioned in subsection (3), without first consulting the road works authority; and

(b) in relation to any other road, without the consent of the road works authority.

(5) Consent under subsection (4)(b) shall not be unreasonably withheld but may be given subject to such conditions as the road works authority may reasonably impose.

(6) Any question whether—

(a) consent under subsection (4)(b) has been unreasonably withheld; or

(b) a condition imposed under subsection (5) is unreasonable,

shall, unless the parties otherwise agree, be determined by arbitration.

10 Discharge of water S

(1) The authorised undertaker may use any available watercourse or any public sewer or drain for the drainage of water, and for that purpose may—

(a) lay down, take up and alter pipes; or

(b) make openings into, and connections with the watercourse, public sewer or drain,

on any land within the limits of deviation or the limits of land to be acquired or used.

(2) The authorised undertaker shall not discharge any water into any artificial watercourse, or any public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose but shall not be unreasonably withheld.

(3) The authorised undertaker shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the person to whom the sewer or drain belongs, but such approval shall not be unreasonably withheld.

(4) The authorised undertaker shall take such steps as are reasonably practicable to secure that any water discharged under the powers conferred by this section is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.

(5) Any difference under this section arising between the authorised undertaker and the owner of an artificial watercourse or a public sewer or drain shall, unless the parties otherwise agree, be determined by arbitration.

(6) Nothing in this section shall affect the operation of Part IV of the 1991 Act or the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (S.S.I. 2005/348).

(7) In this section—

• “public sewer or drain” means a sewer or drain which belongs to Scottish Water, a private provider who has made an agreement with Scottish Water under section 1(2)(b) of the Sewerage (Scotland) Act 1968 (c. 47) (duty of Scottish Water to provide sewerage for their area) or a roads authority; and

• “watercourse” includes all rivers, streams, ditches, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain.

11 Safeguarding works to buildings S

(1) The authorised undertaker may at its own expense and from time to time carry out such safeguarding works to any building within the Act limits as the authorised undertaker considers to be necessary or expedient.

(2) The powers conferred by this section shall be exercised subject to and in accordance with schedule 4 to this Act.

(3) In this section and that schedule—

(a) “building” includes any structure or erection or any part of a building, structure or erection; and

(b) “safeguarding works”, in relation to a building, means—

(i) underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the construction, maintenance or operation of the authorised works;

(ii) any works the purpose of which is to remedy any damage which has been caused to the building by the construction, maintenance or operation of the authorised works; and

(iii) any works the purpose of which is to secure the safe construction and operation of the authorised works or to prevent or minimise the risk of such operation being disrupted.

Part 2 S Land

Powers of acquisition S

12 Authority to acquire land S

(1) The authorised undertaker is authorised to acquire compulsorily—

(a) such of the land shown on the Parliamentary plans within the limits of deviation for the authorised works as—

(i) is described in the book of reference; and

(ii) is required by the authorised undertaker for the purposes of the authorised works; and

(b) such of the land so shown within the limits of land to be acquired or used and so described as—

(i) is specified in columns (1), (2) and (3) of Part 1 of schedule 5 to this Act; and

(ii) is required for the purposes specified in relation to that land in column (4) of that Part.

(2) The powers conferred by subsection (1)(a) do not apply to the leasehold interest of CGM (Oswald) Limited (company no. SC 190896) in the land shown numbered 45 on sheet 19 of the Parliamentary plans, except in relation to the airspace occupied by any protective or strengthening works constructed under the powers conferred by this Act.

13 Acquisition of subsoil or airspace or rights S

(1) In exercise of the powers conferred by section 12 the authorised undertaker may, as regards any land authorised to be acquired under that section, acquire compulsorily—

(a) so much of the subsoil of or airspace over the land; or

(b) such servitudes or other rights over the land,

as may be required for any purpose for which that land may be acquired under that section.

(2) Servitudes and other rights may be acquired under subsection (1) by creating them as well as by acquiring servitudes and other rights already in existence.

(3) Section 90 of the 1845 Lands Act and paragraph 20 of Schedule 15 to the 1997 Act (which provide in certain circumstances for the owner of the land to require the purchase of the whole rather than part of that property) shall not apply to any compulsory acquisition under this section or under section 14.

(4) Subject to subsections (5) and (6), the Lands Clauses Acts, as incorporated with this Act, shall have effect with the modifications necessary to make them apply to the compulsory acquisition of new rights under this section or under section 14 as they apply to the compulsory acquisition of land.

(5) As so having effect, references in the Lands Clauses Acts to land shall be treated as, or as including, references to new rights or to the land over which new rights are to be exercisable.

(6) Section 61 of the 1845 Lands Act (estimation of purchase money and compensation) shall apply to the compulsory acquisition of a right under this section or section 14 as if for the words from “value” to “undertaking” there were substituted the words “extent (if any) to which the value of the land in or over which the right is to be acquired is depreciated by the acquisition of the right”.

14 Purchase of specific new rights over land S

(1) The authorised undertaker may acquire compulsorily in or over any of the land shown on the Parliamentary plans within any limits of land to be acquired or used and specified in columns (1), (2) and (3) of Part 2 of schedule 5 to this Act, such servitudes or other new rights as it requires for the purposes mentioned in column (4) of that Part.

(2) The authorised undertaker may acquire compulsorily in or over premises leased by CGM (Oswald) Limited (company no. SC 190896) within the land shown numbered 45 on sheet 19 of the Parliamentary plans such right of access as may be required for the purpose of maintaining the authorised works.

15 Rights in roads S

(1) The authorised undertaker may—

(a) enter upon and appropriate so much of the subsoil of, or air-space over, any road that is authorised to be compulsorily acquired under section 12 as may be required for the purposes of the authorised works, and

(b) use the subsoil or air-space for those purposes.

(2) The powers conferred by subsection (1) may be exercised in relation to a road without the authorised undertaker being required to acquire any part of the road or any servitude or right in relation to it.

[F1 (3) The powers conferred by this section constitute a real right.]

(4) Any person who—

(a) is an owner or occupier of land in respect of which the power of appropriation conferred by subsection (1) is exercised without the authorised undertaker acquiring any part of that person's interest in the land, and

(b) suffers loss by reason of the exercise of that power,

shall be entitled to compensation.

(5) Any dispute as to a person's entitlement to compensation under subsection (4), or as to the amount of the compensation, shall be determined under the 1963 Act.

(6) Subsection (2) shall not apply in relation to—

(a) any subway or underground building; or

(b) any cellar, vault, arch or other construction in or on a road which forms part of a building fronting onto the road.

Textual Amendments

F1 S. 15(3) substituted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 5 para. 51 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

16 Temporary use of land for construction of works S

(1) The authorised undertaker may, in connection with the carrying out of the authorised works—

(a) enter upon and take temporary possession of any of the land specified in columns (1), (2) and (3) of schedule 6 to this Act for the purpose specified in relation to that land in column (4) of that schedule relating to the authorised works specified in column (5) of that schedule;

(b) remove any buildings and vegetation from that land; and

(c) construct on the land temporary works (including the provision of means of access) and buildings and permanent mitigation or accommodation works.

(2) Not less than 28 days before entering upon and taking temporary possession of land under this section the authorised undertaker shall serve notice of the intended entry on the owners and occupiers of the land.

(3) The authorised undertaker may not, without the agreement of the owners of the land, remain in possession of any land under this section after the end of the period of one year beginning with the date of completion of the work specified in relation to that land in column (5) of schedule 6 to this Act.

(4) Before giving up possession of land of which temporary possession has been taken under this section, the authorised undertaker shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the authorised undertaker shall not be required to replace a building removed under this section.

(5) The authorised undertaker shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this section for any loss or damage arising from the exercise in relation to the land of the powers conferred by this section.

(6) Any dispute as to a person's entitlement to compensation under subsection (5), or as to the amount of the compensation, shall be determined under the 1963 Act.

(7) Nothing in this section shall affect any liability to pay compensation under section 6 or 36 of the 1845 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under subsection (5).

(8) Where the authorised undertaker takes possession of land under this section, it shall not be required to acquire the land or any interest in it.

(9) In this section “building” includes any structure or erection.

Compensation S

17 Disregard of certain interests and improvements S

(1) In assessing any compensation payable on the acquisition from any person of any land under this Act, the tribunal shall not take into account—

(a) any interest in land; or

(b) any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,

if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

(2) In subsection (1) “relevant land” means—

(a) the land acquired from the person concerned, or

(b) any other land with which that person is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.

18 Set-off of betterment against compensation S

In determining the amount of compensation or purchase money payable to any person in respect of an interest in land acquired under this Act in a case where—

(a) the person has an interest in any other land contiguous with or adjacent to the land so acquired; and

(b) the value of the person's interest in any such contiguous or adjacent land is enhanced by reason of the works authorised by this Act or any of them,

the amount of the enhancement in value shall be set off against the compensation or purchase money.

19 Application of legislation relating to certificates of appropriate alternative development S

Section 30(2)(a) of the 1963 Act (which defines the conditions in which an interest in land is to be taken as an interest to be acquired by an authority possessing compulsory powers) shall have effect in relation to any compulsory purchase authorised by this Act as if for the words “either House of Parliament relating to petitions for Private Bills” there were substituted the words “ the Scottish Parliament ”.

20 No double recovery S

Compensation shall not be payable in respect of the same matter both under this Act and under any other enactment, any contract or any rule of law.

Supplementary S

21 Acquisition of part of certain properties S

(1) This section shall apply instead of section 90 of the 1845 Lands Act in any case where—

(a) a notice to treat is served on a person (“the owner”) under that Act (as incorporated with this Act by section 47) in respect of part only—

(i) of a house, building or factory; or

(ii) of land consisting of a house with a park or garden,

(“the land subject to the notice to treat”); and

(b) a copy of this section is served on the owner with the notice to treat.

(2) In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the authorised undertaker a counter-notice objecting to the sale of the land subject to the notice to treat and stating that the owner is willing and able to sell the whole (“the land subject to the counter-notice”).

(3) If no such counter-notice is served within that period, the owner shall be required to sell the land subject to the notice to treat.

(4) If such a counter-notice is served within that period and the authorised undertaker agrees to take the land subject to the counter-notice, the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice.

(5) If such a counter-notice is served within that period and the authorised undertaker does not agree to take the land subject to the counter-notice the question as to what land the owner shall be required to sell shall be referred to the tribunal.

(6) If on such a reference the tribunal determines that the land subject to the notice to treat can be taken—

(a) without material detriment to the remainder of the land subject to the counter-notice; or

(b) in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity or convenience of the house,

the owner shall be required to sell the land subject to the notice to treat.

(7) If on such a reference the tribunal determines that only part of the land subject to the notice to treat can be taken—

(a) without material detriment to the remainder of the land subject to the counter-notice; or

(b) in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity or convenience of the house,

the notice to treat shall be deemed to be a notice to treat for that part.

(8) If on such a reference the tribunal determines that—

(a) the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice; but

(b) the material detriment is confined to a part of the land subject to the counter-notice,

the notice to treat shall be deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice.

(9) If the tribunal determines that—

(a) none of the land subject to the notice to treat can be taken without—

(i) material detriment to the remainder of the land subject to the counter-notice; or

(ii) in the case of land consisting of a house with a park or garden,without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity or convenience of the house; and

(b) that the material detriment is not confined to a part of the land subject to the counter-notice,

the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice.

(10) A notice to treat shall have the effect which it is deemed to have under subsection (4), (8) or (9) whether or not the additional land is land which the authorised undertaker is authorised to acquire compulsorily under this Act.

(11) In any case where by virtue of a determination by the tribunal under this section a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the authorised undertaker may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat.

(12) If the authorised undertaker withdraws the notice to treat in accordance with subsection (11) it shall pay the owner compensation for any loss or expense occasioned to the owner by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.

(13) Where the owner is required under this section to sell only part of a house, building or factory or of land consisting of a house with a park or garden, the authorised undertaker shall pay the owner compensation for any loss sustained by the owner due to the severance of that part in addition to the value of the interest acquired.

22 Extinction or suspension of rights of way S

(1) Subject to subsections (5) and (6), all private rights of way over land subject to compulsory acquisition under this Act shall be extinguished—

(a) as from the acquisition of the land by the authorised undertaker, whether compulsorily or by agreement; or

(b) on the entry on the land by the authorised undertaker under section 24,

whichever is sooner.

(2) Subject to subsections (5) and (6), all private rights of way over land of which the authorised undertaker takes temporary possession under this Act shall be suspended and unenforceable for as long as the authorised undertaker remains in lawful possession of the land.

(3) Any person who suffers loss by the extinguishment or suspension of any private right of way under this section shall be entitled to compensation.

(4) Any dispute as to a person's entitlement to compensation under subsection (3), or as to the amount of the compensation, shall be determined under the 1963 Act.

(5) This section does not apply in relation to any right of way to which section 224 or 225 of the 1997 Act (extinguishment of rights of statutory undertakers etc.) applies.

(6) Subsections (1) and (2) shall have effect subject to—

(a) any agreement made (whether before or after this Act comes into force) between the authorised undertaker and the person entitled to the private right of way;

(b) any determination made by the authorised undertaker limiting the application of subsection (1) or (2) to the extent specified in the determination.

(7) A determination relating to subsection (1) must be made before the date on which the right in question would have been extinguished.

(8) A determination relating to subsection (2) may be made at any time before or after temporary possession of any land is taken.

(9) Notice of determination under this section must be given to the person entitled to the right of way to which it relates as soon as practicable after the making of the determination.

(10) Subsection (1) does not apply to any of the land specified in columns (1), (2) and (3) of Part 2 of schedule 5 to this Act (land outside the limits of deviation in which rights are to be acquired).

23 Power to enter land for survey, etc. S

(1) The authorised undertaker may, in relation to any land within the limits of deviation or the limits of land to be acquired or used, for the purposes of this Act—

(a) survey or investigate the land;

(b) without prejudice to the generality of paragraph (a), make trial holes in such positions as the authorised undertaker thinks fit on the land to investigate the nature of the surface layer and subsoil and remove water and soil samples;

(c) without prejudice to the generality of paragraph (a), carry out archaeological investigations on the land;

(d) take steps to protect or remove any flora or fauna on the land where the flora or fauna may be affected by the carrying out of the works;

(e) place on, leave on and remove from the land apparatus for use in connection with the exercise of any power conferred by paragraphs (a) to (d); and

(f) enter the land for the purpose of exercising any power conferred by paragraphs (a) to (e).

(2) No land may be entered, or equipment placed or left on or removed from land, under subsection (1), unless—

(a) on the first occasion at least seven days'; and

(b) on subsequent occasions not less than three days',

notice has been served on every owner and occupier of the land.

(3) Any person entering land under this section on behalf of the authorised undertaker—

(a) shall, if so required, before or after entering the land produce written evidence of authority to do so; and

(b) may enter with such vehicles and equipment as are necessary for the purpose of exercising any of the powers conferred by subsection (1).

(4) No trial hole shall be made under this section in a carriageway or footway without the consent of the road works authority, but such consent shall not be unreasonably withheld.

(5) Any question as to whether approval has been unreasonably withheld under subsection (4) shall, unless the parties otherwise agree, be determined by arbitration.

(6) The authorised undertaker shall pay compensation for any damage occasioned, by the exercise of the powers conferred by this subsection, to the owners and occupiers of the land.

(7) Any dispute as to a person's entitlement to compensation under subsection (6), or as to the amount of the compensation, shall be determined under the 1963 Act.

24 Further powers of entry S

(1) At any time after notice to treat has been served in respect of any land which may be purchased or over which servitudes or other rights may be purchased compulsorily under this Act the authorised undertaker may enter on and take possession of or use the land.

(2) No land may be entered under subsection (1) unless at least 3 months' notice has been given to the owner and occupier of the land specifying the land, or part of the land, of which possession is to be taken or which is to be used.

(3) The authorised undertaker may exercise the powers conferred by this section without complying with sections 83 to 89 of the 1845 Lands Act before such exercise.

(4) Compensation for the land of which possession is taken under this section, and interest on the compensation awarded, shall be payable as if sections 83 to 89 of the 1845 Lands Act had been complied with.

(5) Nothing in this section affects the operation of section 48 of the Land Compensation (Scotland) Act 1973 (c. 56).

25 Persons under disability may grant servitudes, etc. S

(1) Persons empowered by the Lands Clauses Acts to sell and convey or dispose of land may grant to the authorised undertaker a servitude, right or privilege required for any of the purposes of this Act in, over or affecting any such land.

(2) A person may not under this section grant a servitude, right or privilege of water in which persons other than the grantor have an interest.

26 Period for compulsory acquisition of land S

(1) The authority given by sections 12 and 14 for the compulsory acquisition of land and new rights for the purposes of this Act shall cease five years from the date on which this Act comes into force.

(2) The powers conferred by sections 12, 13 and 14 for the compulsory acquisition of such land and servitudes or other rights shall, for the purposes of this section, be deemed to have been exercised in relation to any land, servitude or right if before the expiry of five years from the date on which this Act comes into force—

(a) notice to treat has been served; or

(b) a declaration has been executed under paragraph 1 of Schedule 15 to the 1997 Act in respect of that land, servitude or right.

27 Extension of time S

(1) On the application of the authorised undertaker, the Scottish Ministers may, by order, extend, or further extend, the period referred to in subsection (1) of section 26 above provided that—

(a) such application is made prior to the expiry of the period or any extension to it; and

(b) the period referred to in that subsection, taken together with any extension to it, shall not exceed ten years in total.

(2) If the Scottish Ministers extend, or further extend, the period referred to in subsection (1) of section 26 above, subsection (2) of that section shall have effect as if, for the period referred to in it, there were substituted the extended, or further extended, period.

(3) The power of the Scottish Ministers to make orders under subsection (1) above shall be exercisable by statutory instrument.

(4) A statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of the Parliament.

28 Time limit on validity of notice to treat S

Section 78 of the Planning and Compensation Act 1991 (c. 34) shall apply in relation to a notice to treat served under section 17 of the 1845 Lands Act as incorporated with this Act.

29 Parliamentary plans and book of reference: adjustments agreed with landowners and correction of errors S

(1) Where—

(a) the authorised undertaker has entered into a binding obligation (“the obligation”) not to acquire any land within the limits of deviation or the limits of land to be acquired or used; and

(b) either the authorised undertaker or the owner desires to reflect that commitment by way of either amendment of, or addendum to, either or both the Parliamentary plans and the book of reference,

the authorised undertaker or the owner of the land may (after giving the notice required by subsection (3)) apply summarily to the sheriff under this section.

(2) If the Parliamentary plans or the book of reference are inaccurate in—

(a) their description of any land; or

(b) their statement or description of the ownership or occupation of any land,

the authorised undertaker may (after giving the notice required by subsection (3)) apply summarily to the sheriff for the correction of such inaccuracy.

(3) The notice required by subsections (1) and (2) is 10 days' prior notice—

(a) in the case of a notice by the authorised undertaker, to the owner, lessee and occupier of the land in question; and

(b) in the case of a notice by an owner, to the authorised undertaker and to any lessee or occupier of the land in question.

(4) Any person to whom a notice has been given under subsection (1) or (2) may, within the period of 10 days from the giving of the notice, give to the sheriff and the person who gave the notice a counter-notice in writing that the person disputes—

(a) in the case of an application under subsection (1), that the proposed amendment or addendum accurately reflects the obligation; and

(b) in the case of an application under subsection (2), that there is an inaccuracy which may be amended under this section.

(5) In relation to any application under this section if it appears to the sheriff—

(a) that the proposed amendment or addendum accurately reflects the obligation; or

(b) that the inaccuracy arose from mistake,

as the case may be, the sheriff shall certify the fact accordingly.

(6) A certificate relating to an application under subsection (2) shall state in what respect any matter is misstated or wrongly described.

(7) If any counter-notice is given pursuant to subsection (4), the sheriff shall, before making any decision on the application cause a hearing to be held.

(8) The certificate shall be deposited in the office of the Clerk of the Parliament.

(9) On the making of the deposit required by subsection (8)—

(a) the Parliamentary plans and the book of reference shall be deemed to be corrected or amended according to the certificate; and

(b) it shall be lawful for the authorised undertaker to take the land or, as the case may be, a right over the land in accordance with the certificate.

(10) The Clerk of the Parliament shall keep every certificate deposited under this section with the Parliamentary plans or book of reference to which it relates.

(11) An application under subsection (1) or (2) may only be made in respect of land identified in the book of reference or on the Parliamentary plans.

(12) In this section “the sheriff” means the sheriff principal of, or any sheriff appointed for, the sheriffdom in which the land or any part of it is located.

30 Restrictions on compulsory purchase in respect of operational airport land S

(1) In respect of the land shown on the Parliamentary plans numbered 1 to 70b, 71, 72 to 72b, 72d, 73a and 73b in the local government area of Renfrewshire the powers conferred by sections 12 to 16 of this Act shall be subject to such requirements as Glasgow Airport Limited may reasonably make to ensure that there is no material adverse impact on the operation or safety of its airport undertaking.

(2) Any difference arising under this section between the authorised undertaker and Glasgow Airport Limited shall, unless the parties otherwise agree, be determined by arbitration.

(3) The authorised undertaker shall not take possession of any or all of the land referred to in subsection (1) or commence any part of the authorised works on that land until agreement is reached or a determination is made in accordance with this section.

(4) Notwithstanding the terms of section 67(1) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5) the authorised undertaker may (in respect of the land referred to in subsection (1)), require a lease of that land to be granted in its favour for a period of no more than 250 years.

(5) In this section Glasgow Airport Limited means Glasgow Airport Limited, a company incorporated under the Companies Acts in Scotland (company no. 096624), or any successor to that company as operator of Glasgow Airport.

31 Protection of access at St James' Park S

(1) Immediately upon the authorised undertaker completing title to all or any part of plots 76 and 83, it shall grant the servitude right and register it in the Land Register of Scotland or the General Register of Sasines.

(2) Such grant shall be made under declaration that the servitude right shall be capable of being exercised by the proprietors or proprietor for the time being of plots 75 and 78 at any time during which there are football pitches or a football pitch available for use on either or both of those plots.

(3) The servitude right shall be subject to such restrictions as the authorised undertaker may reasonably impose for the protection of the authorised works or their operation, including—

(a) the right to obstruct access across plots 76 and 83 temporarily for the purpose of maintaining the authorised works, and

(b) restrictions on the nature of vehicles permitted to pass under the authorised works.

(4) In the event of any such restrictions being imposed so as to obstruct access over plots 76 or 83, the authorised undertaker shall, if necessary to maintain continued vehicular and pedestrian access to and from and between plots 75 and 78, provide a suitable alternative right of pedestrian and vehicular access and egress to and from and between plots 76 and 83.

(5) The exercise of any of the powers conferred by this Act in relation to the access road shall be subject to continued rights of pedestrian and vehicular access being available to and from plots 75 and 78 to the proprietors or proprietor for the time being of plots 75 and 78 at any time during which there are football pitches or a football pitch available for use on either or both of those plots.

(6) In this section—

• “the access road” means the access road comprised within plots 78a, 82, 82b, 83 and 84;

• “the servitude right” means a servitude right of pedestrian and vehicular access over plots 76 and 83 in favour of the proprietor or proprietors for the time being of plots 75 and 78; and

any reference to a numbered plot is a reference to all or any part of the land shown identified by that number on sheets 3 or 4 of the Parliamentary plans.

Part 3 S Miscellaneous and general

32 Power to fell, etc. trees or shrubs S

(1) The authorised undertaker may fell, or lop or cut back the roots of any tree or shrub near any part of the authorised works (or land proposed to be used for the authorised works), if it reasonably believes such action to be necessary in order to prevent the tree or shrub—

(a) from obstructing or interfering with the construction, maintenance or operation of the authorised works or any apparatus used for the purposes of the authorised works; or

(b) from constituting a danger to persons using the authorised works.

(2) In exercising the powers conferred by subsection (1), the authorised undertaker shall not do any unnecessary damage to any tree or shrub.

(3) Any person who suffers loss or damage arising from the exercise of the powers conferred by this section shall be entitled to compensation.

(4) Any dispute as to a person's entitlement to compensation under subsection (3), or as to the amount of the compensation, shall be determined under the 1963 Act.

(5) The following, namely—

(a) an order under section 160(1) of the 1997 Act (tree preservation orders); and

(b) section 172(1) of that Act (which prohibits the doing in a conservation area of any act which might be prohibited by a tree preservation order),

shall not apply to any exercise of the powers conferred by subsection (1).

33 Powers of disposal, agreements for operation etc. S

(1) In addition to anything the authorised undertaker may do by virtue of any enactment or rule of law, it shall be competent for the authorised undertaker to enter into, and carry into effect, in connection with the authorised works, any agreement that includes provision for the matters described in subsection (2).

(2) The matters referred to in subsection (1) are—

(a) the transfer to and vesting in another person of all or any of the functions of the authorised undertaker under this Act, including the powers conferred by this section;

(b) the disposal of the whole or any part of the undertaking consisting of the authorised works and any land held for the purposes of, or in connection with, those works;

(c) the creation of any heritable security, charge or other encumbrance secured on the undertaking.

(3) Any restrictions, liabilities or obligations to which the authorised undertaker is subject—

(a) under this Act; or

(b) under any undertaking or commitment given, by or on behalf of Strathclyde Partnership for Transport or any other authorised undertaker, at any time, whether before or after the passing of this Act,

shall (notwithstanding any enactment or rule of law) be equally binding on any authorised undertaker.

(4) Within 21 days of the completion of any agreement providing for any matter described in subsection (2)(a), the authorised undertaker making the transfer shall serve notice on the Scottish Ministers stating the name and address of the transferee and the date when the transfer is to take effect.

(5) If an authorised undertaker fails, without reasonable excuse, to comply with the obligation imposed by subsection (4) it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) In subsection (1), an agreement entered into in connection with the authorised works includes any agreement—

(a) with respect to the funding, construction, maintenance and operation of the authorised works and any matter consequential thereon or incidental or ancillary thereto; or

(b) which (whether separately or as part of any other agreement) contains such supplementary, incidental, transitional and consequential provisions as the authorised undertaker may consider to be necessary or expedient.

(7) In this section, unless the context otherwise requires—

• “disposal” includes sale, lease, excambion and charge; and

• “functions” includes powers, duties and obligations.

34 Statutory undertakers, etc. S

The provisions of schedule 7 to this Act shall have effect in relation to the authorised works.

35 Arbitration S

(1) Where under any provision of this Act any difference (other than a difference to which the provisions of the Lands Clauses Acts apply) is to be determined by arbitration, then, unless otherwise provided, the difference shall be referred to, and settled by, a single arbiter.

(2) Such arbiter is to be agreed between the parties or, failing agreement, to be appointed, on the application of either party (after notice in writing to the other), by the President for the time being of the Institution of Civil Engineers.

(3) An arbiter appointed under this section shall be entitled to state a case for the opinion of the Court of Session pursuant to section 3 of the Administration of Justice (Scotland) Act 1972 (c. 59).

(4) Section 108 of the 1996 Act (right to refer disputes to adjudication) and any regulations made under that section shall not apply to any dispute under this Act (whether or not it is a dispute of the sort described in subsection (1)).

(5) Subsection (4) does not affect the operation of the 1996 Act so far as applicable to any contract under which a contracting party other than the authorised undertaker is responsible for the construction or funding of the authorised works.

(6) In this section “the 1996 Act” means the Housing Grants, Regeneration and Construction Act 1996 (c. 53).

36 Service of notices, etc. S

(1) A notice or other document required or authorised to be served on a person for the purposes of this Act may be served—

(a) by delivering it to that person;

(b) by leaving it at that person's proper address; or

(c) by sending it by post to that person at that address.

(2) A notice or document is duly served on a body corporate or a firm—

(a) in the case of a body corporate if it is served on the secretary or clerk of that body; and

(b) in the case of a firm, if it is served on a partner of that firm.

(3) For the purposes of subsection (1) and of paragraph 4 of Schedule 1 to the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament) Order 1999 (S.I. 1999/1379), a letter is properly addressed to—

(a) a body corporate, if addressed to the body at its registered or principal office;

(b) a firm, if addressed to the firm at its principal office; or

(c) any other person, if addressed to the person at that person's last known address.

(4) Where for the purposes of this Act a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the person's name or address cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to the person by name or by the description of “owner”, or as the case may be “occupier”, of the land; and

(b) leaving it—

(i) in the hands of a person who is or appears to be resident or employed on the land, or

(ii) conspicuously affixed to some building or object on or near the land.

(5) Nothing in this section excludes using any other method of service.

37 Listed buildings S

Schedule 8 to this Act (which makes provision for the disapplication or modification, in relation to the authorised works, of controls relating to listed buildings) shall have effect.

38 Saving for town and country planning S

(1) The 1997 Act and any orders, regulations, rules, schemes and directions made or given thereunder and any restrictions or powers thereby imposed or conferred in relation to land shall apply and may be exercised in relation to any land notwithstanding that the development of that land is or may be authorised or regulated by or under this Act.

(2) In their application to development authorised by this Act, article 3 of, and Class 29 in Part 11 of Schedule 1 to, the 1992 Order (which permit, in certain cases, development authorised by an Act of Parliament) shall have effect as if—

(a) the authority to develop given by this Act were limited to development begun within 10 years after the date on which this Act comes into force;

(b) the powers conferred by this Act to provide facilities for the storage and handling of aviation fuel at Glasgow Airport were limited to the provision of facilities for the handling and storage of up to 3.5 million litres of aviation fuel, consisting of fuel tanks with a maximum height of 9 metres; and

(c) the word “viaduct,” were inserted after the word “aqueduct,” in paragraph 2(a) of Class 29 in Part 11 of Schedule 1 to the 1992 Order.

(3) Subsection (2)(a) shall not apply to the carrying out of any development consisting of the alteration, maintenance or repair of the authorised works or the substitution of new works therefor.

39 Blighted land S

This Act shall be deemed to be a special enactment for the purposes of paragraph 14 of Schedule 14 to the 1997 Act.

40 Method of vesting land S

(1) Section 195 of, and Schedule 15 to, the 1997 Act shall apply to the compulsory acquisition of land under this Act as if this Act were a compulsory purchase order so as to enable the authorised undertaker to vest by general vesting declaration any land authorised to be compulsorily acquired under this Act.

(2) The notice required by paragraph 2 of that Schedule (as so applied) shall be a notice—

(a) that this Act has received Royal Assent;

(b) containing the particulars specified in sub-paragraph (1) of that paragraph;

(c) published and served in accordance with the requirements of paragraph 6 of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42); and

(d) given at any time after this Act comes into force.

41 Certification of plans, etc. S

(1) The authorised undertaker shall, as soon as practicable after the coming into force of this Act, submit copies of the book of reference, the Parliamentary plans and the Parliamentary sections to the Clerk of the Parliament for certification under this section.

(2) On being satisfied as to the accuracy of documents submitted under subsection (1), the Clerk shall certify them as being, respectively the book of reference, Parliamentary plans and Parliamentary sections referred to in this Act.

(3) A document certified under this section shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.

42 Registration of new rights S

(1) A servitude or other right acquired by the authorised undertaker under section 13 or 14 shall, unless otherwise expressly stated in the instrument by which it is created, be treated for all purposes as benefiting the land from time to time held by the authorised undertaker for the purposes of the authorised works.

(2) Notwithstanding section 75 of the Title Conditions (Scotland) Act 2003 (asp 9), where a servitude falls to be treated as mentioned in subsection (1), the deed by which it is created shall be effective whether or not it is registered against the benefited property.

43 Mitigation of environmental impacts S

(1) The authorised undertaker shall employ all reasonably practicable means to ensure—

(a) that the environmental impacts of the construction and operation of the authorised works are not worse than the residual impacts identified in the environmental statement; and

(b) that—

(i) the additional environmental mitigation measures identified in the promoter's undertakings are carried out; or

(ii) the environmental impacts of the construction or operation of the authorised works are not worse than they would have been had the mitigation measures referred to in sub-paragraph (i) been carried out.

(2) In this section—

• “environmental statement” means the environmental statement submitted to the Parliament as an accompanying document with the Bill for this Act;

• “the promoter's undertakings” means all undertakings given by Strathclyde Partnership for Transport as Promoter of the Bill for this Act—

  (a)

  to the Committee during the Consideration Stage of the Bill for this Act; or

  (b)

  to any person in connection with that Bill;

• “residual impacts” means the environmental impacts of the construction or operation of the authorised works after the mitigation measures proposed in the environmental statement have been carried out.

44 Application of Crichel Downs Rules S

(1) The authorised undertaker shall apply the Crichel Down Rules in relation to surplus land.

(2) In this section—

• “the Crichel Down Rules” means the rules set out in the Scottish Development Department Circular 38 of 1992 (“Disposal of Surplus Government Land – the Crichel Down Rules”) as amended or superseded from time to time;

• “surplus land” means any land acquired compulsorily under section 12 which is subsequently declared by the authorised undertaker to be surplus to the authorised undertaker's requirements for the provision of the authorised works.

45 Compliance with code of construction practice and noise and vibration policy S

(1) The authorised undertaker shall employ all reasonably practicable means to ensure that—

(a) the authorised works are carried out in accordance with the code of construction practice as approved by the local planning authority for each area in which the authorised works are located and from time to time amended or replaced in accordance with schedule 9; and

(b) the noise and vibration policy, as from time to time amended or replaced, is applied to the use and operation of the authorised works.

(2) Neither the code of construction practice nor the noise and vibration policy shall be amended or replaced so as to reduce the standards of mitigation and protection provided for in the versions being amended or replaced.

(3) Schedule 9 has effect in relation to the approval, amendment and replacement of the code of construction practice.

(4) In this section “noise and vibration policy” means the “Policy Paper on behalf of the Promoter in respect of Noise and Vibration” dated 7 November 2006, a copy of which has been lodged with the Clerk of the Parliament to be held with the accompanying documents relating to the Bill for this Act.

46 Regulation of mitigation measures S

(1) The requirements imposed by or pursuant to the following provisions, that is to say—

(a) sections 43 and 45;

(b) schedule 9 to this Act,

shall be enforceable, and the local planning authority shall have the responsibility to enforce them, as valid planning conditions.

(2) For the purposes only of such enforcement and any appeal against a decision of the local planning authority under section 47(1)(b) of the 1997 Act, planning permission for the construction of the authorised works shall be deemed to have been granted under section 37 of that Act subject to the imposition of those conditions under section 41 of that Act.

(3) The local planning authority shall appoint an Environmental Clerk of Works to monitor the compliance by the authorised undertaker with the requirements referred to in subsection (1).

Part 4 S Supplementary

47 Incorporation of enactments S

(1) The following enactments (so far as applicable for the purposes of and not inconsistent with, or varied by, the provisions of this Act) are incorporated with this Act—

(a) the Lands Clauses Acts, except sections 120 to 124 of the 1845 Lands Act;

(b) the 1845 Act, except sections 1, 7 to 17, 19, 20, 22, 23, 25 to 37, 40 to 50, 52 to 56, 58, 59, 66, 68, 87 and 88; and

(c) in the Railways Clauses Act 1863 (c. 92), Part I (relating to construction of a railway) except sections 4 to 7.

(2) This Act shall be deemed to be the special Act for the purposes of the enactments incorporated by subsection (1), and in the 1845 Act as so incorporated—

(a) sections 18 and 21 shall not apply in any case where the relations between the authorised undertaker and any other person are regulated by sections 143 and 144 of the 1991 Act;

(b) section 60 shall have effect with the omission of the words from “Such and” to “formation thereof” and from “together with all necessary gates” to “all necessary stiles”.

48 Application of original railway enactments S

(1) As from—

(a) the acquisition of any land by the authorised undertaker, whether compulsorily or by agreement; or

(b) the entry on the land by the authorised undertaker under section 24,

whichever is sooner, BRBR shall be discharged from any obligation to which it is subject in relation to that land under any statutory provision relating to a former railway.

(2) In this section—

• “BRBR” means BRB (Residuary) Limited (company no. 04146505) and its successors;

• “a former railway” means any railway which had at any time prior to the passing of this Act been situated within the Act limits but which has not vested in Network Rail Infrastructure Limited (company no. 2904587 and formerly known as Railtrack PLC).

49 Disapplication of statutory and other restrictions on acquisition and use of certain land S

(1) Neither section 63 of the Paisley Improvement Act 1877 (c.cxlix) (Corporation to retain and ultimately lay out the racecourse land as a public park) nor any relevant restriction shall prevent the authorised undertaker acquiring under this Act such interest or rights as it requires for the purpose of the authorised works in land to which that section applies, and that section shall—

(a) cease to have effect in respect of so much of that land as is so acquired;

(b) not apply to any part of that land which is temporarily occupied or used by the authorised undertaker under this Act for the purpose of constructing or maintaining the authorised works during the period in which it is so occupied or used.

(2) For the purpose of this section a relevant restriction is any restriction arising from the status of any land as land forming part of the common good of a local authority.

50 Rights of the Crown and Scottish Ministers S

(1) Nothing in this Act affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown or the Scottish Ministers.

(2) Without prejudice to the generality of subsection (1), nothing in this Act authorises the acquisition of land (including any rights or interests in land)—

(a) belonging to Her Majesty in right of the Crown and under the management of the Crown Estate Commissioners [F2 or a relevant person], without the consent in writing of those Commissioners [F3 or that person]; or

(b) held or used by a Minister of the Crown, a government department or the Scottish Ministers, without the consent in writing of that Minister or government department or of the Scottish Ministers.

[F4 (2A) In subsection (2), “relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests.]

(3) A consent under subsection (2) may be given unconditionally or subject to terms and conditions.

Textual Amendments

F2 Words in s. 50(2)(a) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 37(a)(i)

F3 Words in s. 50(2)(a) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 37(a)(ii)

F4 S. 50(2A) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 37(b)

51 Interpretation S

(1) In this Act—

• “the 1845 Act” means the Railways Clauses Consolidation (Scotland) Act 1845 (c. 33);

• “the 1845 Lands Act” means the Lands Clauses Consolidation (Scotland) Act 1845 (c. 19);

• “the 1963 Act” means the Land Compensation (Scotland) Act 1963 (c. 51);

• “the 1991 Act” means the New Roads and Street Works Act 1991 (c. 22);

• “the 1997 Act” means the Town and Country Planning (Scotland) Act 1997 (c. 8);

• “the 1992 Order” means the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (S.I. 1992/223);

• “the Act limits” means the limits of deviation, the limits of land to be acquired or used and the limits of land for safeguarding works;

• “the ancillary works” has the meaning given by section 3;

• “the authorised undertaker” means, at any time, the Strathclyde Partnership for Transport or such other person or persons in whom are vested at that time some or all of the functions conferred by this Act concerning the authorised works;

• “the authorised works” means the works authorised by this Act comprising both the scheduled works and the ancillary works;

• “book of reference” means the book of reference submitted to the Parliament as an accompanying document with the Bill for this Act;

• “code of construction practice” means the edition of the Code of Construction Practice (which sets out the measures to be employed in the construction of the authorised works so as to mitigate the impact of those works) dated 7 November 2006, a copy of which has been lodged with the Clerk of the Parliament to be held with the accompanying documents relating to the Bill for this Act;

• “the Committee” means the Glasgow Airport Rail Link Bill Committee to which the Bill for this Act was referred and includes any assessor appointed under Rule 9A.9.1B of the Standing Orders of the Parliament;

• “construction” includes execution, placing, alteration and reconstruction and demolition; and “construct” and “constructed” have corresponding meanings;

• “enactment” includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;

• “the limits of deviation” means the limits so described on the Parliamentary plans;

• “the limits of land to be acquired or used” means the limits so described on the Parliamentary plans;

• “the limits of land for safeguarding works” means the limits so described on the Parliamentary plans;

• “maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace; and “maintenance” shall be construed accordingly;

• “Parliamentary plans” means the plans submitted to the Parliament as accompanying documents with the Bill for this Act;

• “Parliamentary sections” means the sections submitted to the Parliament as accompanying documents with the Bill for this Act;

• “road” has the meaning given by section 107 of the 1991 Act;

• “the road works authority” has the meaning given by section 108 of the 1991 Act;

• “the roads authority” has the meaning given by section 151(1) of the Roads (Scotland) Act 1984 (c. 54);

• “the scheduled works” has the meaning given by section 2;

• “SEPA” means the Scottish Environment Protection Agency established under section 20 of the Environment Act 1995 (c. 25);

• “SNH” means Scottish Natural Heritage established under section 1 of the Natural Heritage (Scotland) Act 1991 (c. 28); and

• “the tribunal” means the Lands Tribunal for Scotland.

(2) Except in relation to section 4, any reference in any description of works, powers or land to area, distance, length or direction, or to a particular location, shall be construed as if qualified by the words “or thereby”.

52 Short title S

This Act may be cited as the Glasgow Airport Rail Link Act 2007.