Roads (Scotland) Act 1984

Sections, 5, 7, 9, 12, 75 and 77.

SCHEDULE 2 S Validity and Date of Operation of Certain Orders and Schemes

1 S As soon as may be after a scheme or order to which this Schedule applies has been made or confirmed by the Secretary of State, he shall publish in the Edinburgh Gazette, and in such other manner as he thinks best adapted for informing persons affected, a notice, stating that the scheme or order has been made or confirmed and naming a place where a copy thereof may be inspected free of charge at all reasonable hours.

2 S If any person aggrieved by the scheme or order desires to question the validity thereof, or of any provision contained therein, on the grounds that it is not within the powers of this Act or that any requirement of this Act or of any regulations made thereunder has not been complied with in relation to the scheme or order, he may, within six weeks of the date on which the notice required by paragraph 1 above is first published, make an application as regards that validity to the Court of Session.

3 S On any such application the Court—

(a) may by interim order suspend the operation of the scheme or order or of any provision contained in it, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings; and

(b) if satisfied that the scheme or order or any provision contained in it is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by failure to comply with any such requirement as aforesaid, may quash the scheme or order or any provision contained in it, either generally or in so far as it effects the property of the applicant.

4 S Subject to paragraph 3 above, a scheme or order to which this Schedule applies shall not, either before or after it as been made or confirmed, be questioned in any legal proceedings whatever, and shall become operative on the date on which the notice required by paragraph 1 above is first published or on such later date, if any, as may be specified in the scheme or order.

5 S Where a scheme or order to which this Schedule applies is subject to special parliamentary procedure, then—

(a) if the scheme is confirmed by Act of Parliament under section 6 of the M1 Statutory Orders (Special Procedure) Act 1945, or under subsection (4) of section 2, as read with section 10, of that Act, paragraphs 2 to 4 above shall not have effect; and

(b) in any other case, paragraph 2 above shall have effect as if for the reference therein to the date on which the notice required by paragraph 1 above is published there were substituted a reference to the date on which the scheme becomes operative under the said Act of 1945; and paragraph 4 above shall have effect as if the words from “and shall become operative” to the end of the paragraph were omitted.

Marginal Citations

M1 9 & 10 Geo. 6 c. 18.

Prospective

[F1 6 The provisions of paragraphs 2 to 4 above apply in relation to a certificate under paragraph 14D(1) of Schedule 1 to this Act as in relation to a scheme or order to which this Schedule applies, subject to the following modifications—

(a) the reference in paragraph 2 above to the notice required by paragraph 1 above shall be construed as a reference to the notice required by paragraph 14D(3) of that Schedule, and

(b) in paragraph 4 above for the words “made or confirmed” there shall be substituted the word “given” and the words from “and shall become operative” to the end shall be omitted.]

Textual Amendments

F1 Sch. 2 para. 6 inserted (prosp.)by New Roads and Street Works Act 1991 (c. 22, SIF 108), ss. 168(1), 170(1) Sch. 8 para 97