Roads (Scotland) Act 1984

The Road Traffic Regulation Act 1984 (c. 27) S

93 (1) ) The Road Traffic Regulation Act 1984 shall be amended in accordance with this paragraph.

(2) In section 1 (traffic regulation orders)—

(a) in subsection (2), for the words from “and to section” to end there shall be substituted the words “shall be the roads authority.”;

(b) in subsection (3)—

(i) after the word “local” there shall be inserted the word “roads”;

(ii) for the words “trunk road” where they first occur there shall be substituted the words “road for which he is the roads authority”; and

(iii) the word “trunk”, where it occurs for the second time, shall cease to have effect; and

(c) in subsection (4), for the word “highway” there shall be substituted the word “roads”.

(3) In section 2(4) (preservation or improvement of amenity), for the words “authority (as defined in section 1(2)(a) of this Act)” there shall be substituted the words “roads authority”.

(4) In section 9, for subsection (2) there shall be substituted the following subsection—

“(2) The authority having power to make an experimental traffic order shall be the roads authority or (where the experimental traffic order is made with the consent of the Secretary of State in relation to a length of road for which he is the roads authority) the local authority which would, with his consent, have power to make a traffic regulation order under section 1(2) and (3) of this Act in relation to the length of road.”.

(5) In section 10 (supplementary provisions as to experimental traffic orders)—

(a) in subsection (2), for the words “the highway” there shall be substituted the word “roads”; and

(b) in subsection (3), for the words “a highway” there shall be substituted the word “roads”.

(6) In section 14 (temporary prohibition or restriction of traffic on roads)—

(a) in each of subsections (1) and (3), for the word “highway” where it occurs for the—

(i) first time there shall be substituted the word “roads”; and

(ii) second time there shall be substituted the word “road”;

(b) in subsection (2), for the word “highway” there shall be substituted the word “roads”; and

(c) in subsection (5)—

(i) for the word “highway”, where it first occurs and where it occurs in paragraph (a), there shall in each case be substituted the word “roads”; and

(ii) for paragraphs (b) and (c) there shall be substituted the following paragraph—

“(b) where the initiating authority is not the roads authority for the alternative road (such roads authority being in this paragraph referred to as the ”second authority’) and the second authority is—

(i) a local roads authority, be made by order made by the initiating authority with the consent of the second authority;

(ii) the Secretary of State, be made by order made by the second authority on the application of the initiating authority.”.

(7) In section 17(1) (restrictions on use of special road) for the words “1 of the Special Roads Act 1949” there shall be substituted the words “7 of the Roads (Scotland) Act 1984”.

(8) In section 18(1) (one-way traffic on trunk roads), for the words “1 of the Trunk Roads Act 1946” there shall be substituted the words “5 of the Roads (Scotland) Act 1984”.

(9) In section 19(1) (regulation of use of highways by public service vehicles), in each of paragraphs (a) and (b), for the word “highways” there shall be substituted the word “roads”.

(10) In section 21(3) (interpretation), for the word “highway”, wherever it occurs, there shall be substituted the word “roads”.

(11) In section 23 (powers of local authorities with respect to pedestrian crossings)—

(a) in subsection (1)(a), for the words “trunk roads” there shall be substituted the words “roads for which the Secretary of State is the roads authority”; and

(b) in subsection (5)(b), for the word “highway” there shall be substituted the word “roads”.

(12) In section 24 (duty of Secretary of State to establish pedestrian crossings), for the words “trunk roads” there shall be substituted the words “roads for which he is the roads authority.”.

(13) In section 29 (prohibition of traffic on roads to be used as playgrounds), for the word “highway”, in both places where it occurs, there shall be substituted the word “roads”.

(14) In section 32(4)(a) (interpretation), for the word “highway” there shall be substituted the word “roads”.

(15) In section 34 (which is extended to Scotland by section 125 of this Act and which relates to the provision of access to premises through off-street parking places), in subsection (1)(a), for the word “highway”, in both places where it occurs, there shall be substituted the word “road”.

(16) In section 37(1) (extension of powers for purposes of general scheme of traffic control), for the word “highway” there shall be substituted the word “roads”.

(17) In section 38(3) (power to charge for parking place for public service vehicle), for the word “street” there shall be substituted the word “road”.

(18) In section 45 (designation of paying parking places on highways)—

(a) in subsection (1), for the word “highway” where it occurs for the first and third times there shall in each case be substituted the words “roads”; where it occurs for the second time there shall be substituted the word “road”; and for the word “highways” there shall be substituted the word “roads”;

(b) in subsection (3)(c), for the word “highways” there shall be substituted the word “roads”; and

(c) in subsection (7)(c), for the word “highway” there shall be substituted the words “roads”.

(19) In section 53(1)

(content of designation order), for the word “highways” there shall be substituted the word “roads”.

(20) In section 55 (financial provisions relating to designation orders)—

(a) in subsection (4)—

(i) for the word “highways”, where it occurs for the first, second and third times, there shall in each case be substituted the word “roads”; and

(ii) in sub-paragraph (ii) of paragraph (d), for the words from “of any work” to the end there shall be substituted the words—

“purposes of a project connected with the doing by the roads authority (whether or not the local authority) of anything which, within the meaning of the Roads (Scotland) Act 1984, constitutes the improvement of a road in the local authority’s area.”; and

(b) subsection (5) shall cease to have effect.

(21) In section 64(4)(c) (placing of traffic sign on or near road), in each of sub-paragraphs (i) and (ii), for the word “highway” there shall be substituted the word “road”.

(22) In section 65 (powers and duties as to placing of traffic signs)—

(a) in subsection (1), for the words “a highway” there shall be substituted the words “the roads”; and

(b) in subsection (2), for the word “highway” there shall be substituted the words “local roads”.

(23) In section 66 (traffic signs for giving effect to local traffic regulations etc.)—

(a) in subsection (1), for the word “highway”, in both places where it occurs, there shall be substituted the word “road”; and

(b) in subsection (2)(d), for the words “385 of the Burgh Police (Scotland) Act 1892” there shall be substituted the words “62 of the Roads (Scotland) Act 1984”.

(24) In section 67(1) (emergencies and temporary obstructions), for the word “highway”, in both places where it occurs, there shall be substituted the word “road”.

(25) In section 68 (placing of traffic signs in connection with exercise of other powers), in each of subsections (2) and (3), for the word “highway”, wherever it occurs, there shall be substituted the word “roads”.

(26) In section 69 (general provisions as to removal of signs)—

(a) in subsection (1)—

(i) for the word “highway” there shall be substituted in the word “roads”; and

(ii) for the words “the roads” there shall be substituted the words “a road”;

(b) in subsection (2), for the word “highway” there shall be substituted the word “roads”; and

(c) in subsection (3), for the word “highway” there shall be substituted the words “local roads”.

(27) In section 70(1) (default powers of Secretary of State as to traffic signs), for the word “highway” there shall be substituted the words “local roads”.

(28) In section 71(1) (power to enter land in connection with traffic signs) for the word “highway” there shall be substituted the words “local roads”.

(29) In section 77 (traffic signs: modifications as respects trunk roads), for the words “trunk road” there shall be substituted the words “road for which the Secretary of State is roads authority”.

(30) In section 78 (modifications in relation to roads where parking permitted without lights)—

(a) in subsection (1)—

(i) in paragraph (a), for the word “highway”, in both places where it occurs, there shall be substituted the word “roads”; and

(ii) in paragraph (b), for the word “highway” there shall be substituted the words “local roads”; and

(b) in subsection (2), for the word “highway” there shall be substituted the word “roads”.

(31) In section 79(5) (advances by Secretary of State towards the expenses of traffic signs), for the word “highway” there shall be substituted the words “local roads”.

(32) In section 80(1) (interpretation), for the word “highway”, in both places where it occurs, there shall be substituted the word “roads”.

(33) In section 83 (directions as regards what roads are restricted roads)—

(a) in subsection (1), for the words “trunk road” there shall be substituted the words “road managed and maintained by him”; and

(b) in subsection (2), for the words “a trunk road” there shall be substituted the words “managed and maintained by the Secretary of State”.

(34) In section 84(2) (powers as regards speed limits on roads other than restricted roads), for the words “trunk road” there shall be substituted the words “road for which he is the roads authority”.

(35) In section 85 (traffic signs for indicating speed restrictions)—

(a) in subsection (1), for the words “trunk road” there shall be substituted the words “road managed and maintained by him”; and

(b) in subsection (2), for the words “a trunk road” there shall be substituted the words “so managed and maintained”.

(36) In section 92 (bollards and other obstructions on roads)—

(a) in subsection (1), for the word “highway”, where it occurs for the second time, there shall be substituted the word “roads”; and

(b) in subsection (4), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

“(a) where the order referred to in subsection (1) above has been made as regards a road managed and maintained by the Secretary of State, may be placed on the road by him; and

(b) where the order has been made as respects a road other than one so managed and maintained, may be placed on the road by the local roads authority.”.

(37) In section 93(1) (powers of Secretary of State in relation to functions under section 92) for the words from “trunk” where it first occurs to “that point” there shall be substituted the words “road managed and maintained by him he may authorise or require the roads authority for any other road which at that point leads into or crosses the road so managed and maintained”.

(38) In each of sections 100(5)(c) and 106(8)(c) (interpretation), for the word “highway” there shall be substituted the word “roads”.

(39) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(40) In section 122(1) (exercise of functions by local authorities), for the word “highway” there shall be substituted the word “road”.

(41) In section 131 (application of road traffic enactments to Crown roads)—

(a) in subsection (2), in each of paragraphs (a) and (b), for the word “highway”, wherever it occurs, there shall be substituted the word “roads”; and

(b) in subsection (7)(b), for the word “highway” there shall be substituted the words “public road”.

(42) In section 132(5) (special provisions as to certain Crown roads), for the words “highway authority shall include power to give the like directions to the local authority concerned” there shall be substituted the words “local roads authority shall include power to give the like directions to them”.

(43) In section 134(4) (provisions as to regulations), for the words “or section” there shall be substituted the words “, 132A or”.

(44) In sections 142(1) (interpretation)—

(a) in the definition of “highway authority”, paragraph (b), and the word “and” immediately preceding that paragraph, shall cease to have effect;

(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) after the definition of “prescribed” there shall be inserted the following definition—

““public road” has the same meaning as in the Roads (Scotland) Act 1984;”;

(d) for the definition of “road” there shall be substituted the following definitions—

““road” and “roads authority” have the same meanings as in the Roads (Scotland) Act 1984;”; and

(e) in the definition of “special road”—

(i) the word “or”, where it occurs for the second time, shall cease to have effect; and

(ii) after the words “1980”, where they first occur, there shall be inserted the words “or section 7 of the Roads (Scotland) Act 1984,”.

(45) In Schedule 9 (special provisions as to certain orders)—

(a) in paragraph 19(b), for the words “28(2) of the Local Government (Scotland) Act 1966” there shall be substituted the words “11(1) of the Roads (Scotland) Act 1984”; and

(b) in paragraph 25, for the word “highway”, where it occurs for the first and third times there shall in each case be substituted the word “road”; and where it occurs for the second time there shall be substituted the words “roads”.’.

Textual Amendments

F1 Sch. 9 para. 93(39) repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1 Pt. I, Sch. 4 paras. 1–3