Roads (Scotland) Act 1984

The New Towns (Scotland) Act 1968 (c. 16)

61 (1) The New Towns (Scotland) Act 1968 shall be amended in accordance with this paragraph.

(2) In section 6 (planning control in new towns)—

(a) in subsection (4), for the words " local highway authority or the Secretary of State " there shall be substituted the words " roads authority " ; and

(b) in subsection (5)—

(i) after the word " into " there shall be inserted the words " be registered in the Land Register of Scotland or, as the case may " ;

(ii) after the word " so " there shall be inserted the words " registered or " ; and

(iii) for the words "local highway authority or the Secretary of State, as the case may be," there shall be substituted the words " roads authority " .

(3) In section 8 (acquisition of land for roads in connection with new towns), in each of subsections (1) and (6), for the word " highway " there shall be substituted the word " roads " .

(4) In section 9 (recording of compulsory purchase orders), after the word " shall" there shall be inserted the words " register it in the Land Register of Scotland or as the case may be " .

(5) In section 10(1)(a), (special procedure for acquisition of statutory undertakers' operational land), for the word "highway", in both places where it occurs, there shall be substituted the word " roads " .

(6) In section 19 (power to override servitudes and other rights, in each of subsections (1), (3), (4) and (6), for the word " highway " there shall be substituted the word " roads " .

(7) In section 20(1) (use and development of churches and burial grounds)—

(a) for the words " local highway authority, or which has been acquired under this Act by the Secretary of State" there shall be substituted the words " roads authority " ; and

(b) in paragraph (a), for the words " such a corporation or" there shall be substituted the words " a development corporation or local roads " .

(8) In section 21(1) (use and development of open spaces)—

(a) for the words " local highway authority, or which has been acquired under this Act by the Secretary of State" there shall be substituted the words " roads authority " ; and

(b) in paragraph (a), for the words "such a corporation or" there shall be substituted the words " a development corporation or local roads " .

(9) In section 22 (displacement of persons from land acquired)—

(a) in subsection (3), for the word " highway" there shall be substituted the word " roads " ; and

(b) in subsection (4), for the words " local highway, or has been acquired under this Act by the Secretary of State" there shall be substituted the words " roads authority " .

(10) In section 23 (extinguishment of public rights of way over land acquired)—

(a) in subsection (1)(a), for the word "highway" there shall be substituted the word " roads " ;

(b) in subsection (2), for sub-paragraph (ii) and the words from " In this subsection " to the end, there shall be substituted the following sub-paragraph—

“(ii) on the local roads authority, unless they applied for the order to be made.”; and

(c) in subsection (5), for the word " highway " there shall be substituted the word " road " .

(11) In section 24(1) (provision as to telegraphic lines), for the word " highway " there shall be substituted the word " roads " .

(12) In section 26 (extinguishment of rights of way, and rights as to apparatus of statutory undertakers), in each of subsections (1)(a) and (5), for the word " highway " there shall be substituted the word " roads " .

(13) In section 32(2)(a) (construction and maintenance of works or equipment required in connection with trolley vehicles services by development corporation), for the word "highways" there shall be substituted the word " roads " .

(14) In section 42(1) (powers of entry), for the word " highway " there shall be substituted the word " roads " .

(15) In section 47(1) (interpretation)—

(a) in the definition of " acquiring authority", for the word " highway " there shall be substituted the word " roads " ;

(b) for the definition of " local highway authority " there shall be substituted the following definition—

• ‘" local roads authority " has the same meaning as in the Roads (Scotland) Act 1984 ;’;

(c) in the definition of " planning permission", for the words "the Town and Country Planning (Scotland) Act 1947" there shall be substituted the words " Part III of the Town and Country Planning (Scotland) Act 1972 " ; and

(d) after the definitions of " regional planning authority" and "district planning authority" there shall be inserted the following definition—

• ‘" roads authority " has the same meaning as in the Roads (Scotland) Act 1984 ;’.

(16) In Schedule 3 (procedure for authorising compulsory acquisitions)—

(a) in paragraph 1(1), for the word " highway " there shall be substituted the word " roads " ;

(b) in paragraph 7(2)(b), for the words from " section 1 " to the end there shall be substituted the words "section 5 or 15 of the Roads (Scotland) Act 1984, or of either of the following enactments no longer in force—

(i) section 1 of the Trunk Roads Act 1946 (additional trunk roads and reorganisation of trunk road system);

(ii) section 14(1) of the Special Roads Act 1949 (amendments of law relating to trunk roads)." ;

(c) in paragraph 8(6), for the word " highway " there shall be substituted the word " roads " ; and

(d) in paragraph 13(1)(b), for the word "highway" there shall be substituted the word " road " .

(17) In Schedule 4(1) (procedure for authorising compulsory acquisition of statutory undertakers' operational land), for the word " highway " there shall be substituted the word " roads " .