70(1)) The Town and Country Planning (Scotland) Act 1972 shall be amended in accordance with this paragraph.
(2)In section 14 (disregarding of representations with respect to development authorised by or under other enactments), in paragraph (a), for the words from “1 of” to “1949” there shall be substituted the words “5, 7, 9 or 12 of the Roads (Scotland) Act 1984”.
(3)In section 19(2) (certain operations or uses of land not to be taken to involve development)—
(a)in paragraph (b), for the word “highway” there shall be substituted the word “roads”; and
(b)in paragraph (c), for the word “street” there shall be substituted the word “road”.
(4)In section 136(2) (compensation not payable in respect of imposition of certain conditions), for the word “highway”, in both places where it occurs, there shall be substituted the word “road”.
(5)In section 181(1) (scope of certain provisions relating to blight notices)—
(a)for paragraph (e) there shall be substituted the following paragraph—
“(e)is land on or adjacent to the line of a road proposed to be constructed, improved or altered, as indicated in an order or scheme—
(i)which has come into operation under; or
(ii)which is proposed to be made of confirmed under, and in respect of which a notice has been published under Schedule 1 to,
the Roads (Scotland) Act 1984 being land in relation to which a power of compulsory acquisition conferred by that Act may become exercisable as being land required for purposes of construction, improvement or alteration as indicated in the order or scheme;”; and
(b)in paragraph (f), for the word “highway” there shall be substituted the word “roads”.
(6)In section 194(4) (questions as to appropriate authority for purposes of certain provisions), in each of paragraphs (a) and (b), for the word “highway” there shall be substituted the word “roads”.
(7)In section 195 (interpretation)—
(a)in subsection (3), for the word “highway”, in each place where it occurs, there shall be substituted the word “roads”; and
(b)in subsection (4), for paragraphs (a) and (b) there shall be substituted the following paragraph—
“(aa)the coming into operation of any requisite scheme or order under the Roads (Scotland) Act 1984;”.
(8)In section 198 (highways affected by development: orders by Secretary of State)—
(a)in subsection (1), for the word “highway” there shall be substituted the word “road”;
(b)for subsection (2) there shall be substituted the following subsection—
“(2)Any order under this section may make such provision as appears to the Secretary of State to be necessary or expedient for the construction or improvement of any other road, and may direct that the other road so constructed or improved—
(a)shall be entered by the local roads authority in the list of public roads kept by them under section 1 of the Roads (Scotland) Act 1984; or
(b)shall be deemed for the purposes of that Act to have been constructed by him under section 19 thereof,
and in the case of a road so deemed, that it shall, on such date as may be specified in the order, become a trunk road within the meaning of that Act.”;
(c)in subsection (3)—
(i)in paragraph (a), sub-paragraph (ii), and the word “or” immediately preceding that sub-paragraph, shall cease to have effect; and
(ii)in paragraph (b), for the word “highway” there shall be substituted the word “road”; and
(d)in each of subsections (4) and (5)(a), for the word “highway” there shall be substituted the word “road”.
(9)In section 198A (highways affected by development: orders by planning authorities)—
(a)in subsection (1)—
(i)for the word “highway” there shall be substituted the word “road”;
(ii)in paragraph (a), for the words “section 50 of the Roads (Scotland) Act 1970” there shall be substituted the words “the Roads (Scotland) Act 1984”; and
(iii)in paragraph (b), for the words “section 1 of the Special Roads Act 1949” there shall be substituted the words “that Act”;
(b)in subsection (2)—
(i)in paragraph (a), for the word “provision”, where it occurs for the second time, there shall be substituted the word “construction”, for the word “highway”, where it first occurs, there shall be substituted the word “road”, and for the words “any highway so provided or improved shall be maintained and managed by the highway authority” there shall be substituted the words “the other road so constructed or improved shall be entered by the local roads authority in the list of public roads kept by the local roads authority under section 1 of the Roads (Scotland) Act 1984”; and
(ii)in paragraph (b)(i), the words “sub-paragraphs (i) and (ii) of” shall cease to have effect;
(c)in each of subsections (3) and (4), for the word “highway” there shall be substituted the word “road”; and
(d)in subsection (5), for the word “highway” there shall be substituted the word “roads”.
(10)In section 201 (order extinguishing right to use vehicles on highway)—
(a)in subsection (1)—
(i)for the word “highway”, in both places where it occurs, there shall be substituted the word “road”; and
(ii)for the words “8 of the Development and Road Improvement Funds Act 1909” there shall be substituted the words “3 of the Roads (Scotland) Act 1984”;
(b)in subsection (2), for the word “highway” there shall be substituted the word “road”;
(c)in subsection (3), for the word “highway”—
(i)where it first occurs, there shall be substituted the word “roads”; and
(ii)where it occurs for the second time, there shall be substituted the word “road”;
(d)in each of subsection (4), (5) and (8), for the word “highway”, wherever it occurs, there shall be substituted the word “road”;
(e)in subsection (9)(b), for the word “highway” there shall be substituted the word “roads”;
(f)in subsection (10)—
(i)in paragraph (a), for the word “provision”, where it occurs for the second time, there shall be substituted the word “construction”, for the word “highway”, where it first occurs, there shall be substituted the word “road”, and for the words “any highway so provided or improved shall be maintained and managed by the highway authority” there shall be substituted the words “the other road so constructed or improved shall be entered by the local roads authority in the list of public roads kept by the local roads authority under section 1 of the Roads (Scotland) Act 1984”; and
(ii)in paragraph (b)(i), the words “sub-paragraphs (i) and (ii) of” shall cease to have effect; and
(g)in subsection (11)(a), for the word “highway” there shall be substituted the word “road”.
(11)In section 202 (provision of amenity for highway reserved to pedistrians)—
(a)in each of subsections (1) to (4), for the word “highway”, wherever it occurs, there shall be substituted the word “road”; and
(b)in subsection (5), for the word “highway” there shall be substituted the word “roads”.
(12)In section 204 (procedure for making of orders by Secretary of State), in each of subsections (2) and (7), for the word “highway”, wherever it occurs, there shall be substituted the word “road”.
(13)In section 205(1) (further procedure in anticipation of planning permission, etc.), for the word “highway” there shall be substituted the word “road”.
(14)In section 205(1)(a) (further procedure in anticipation of planning permission, etc.), for the word “highway” there shall be substituted the word “road”.
(15)In section 206(3)(aa) (provision as to time specified in certain orders), for the word “highway” there shall be substituted the word “road”.
(16)In section 208 (concurrent proceedings in connection with roads)—
(a)in subsection (1), for the words “207 of this Act (as mentioned in subsection (1)(a) of that section)” there shall be substituted the words “104(1)(b)(i) of the Roads (Scotland) Act 1984”; and
(b)in subsection (2)(b), for the words “207 of this Act (as mentioned in subsection (1)(b) of that section)” there shall be substituted the words “104(1)(b)(ii) of the Roads (Scotland) Act 1984”.
(17)In section 209 (provision as to telegraphic lines)—
(a)in subsection (1), the words “, 200” shall cease to have effect, and for the word “highway”, wherever it occurs, there shall be substituted the word “road”;
(b)in subsection (2), for the word “highway” in the first and second places where it occurs there shall be substituted the word “road”, and in the third place where it occurs there shall be substituted the word “roads”.
(18) In section 210A(2) (recovery of costs of making orders relating to roads, paths, etc.)—
(a)in paragraph (a), for the word “highways” there shall be substituted the word “roads”; and
(b)in paragraph (d), for the word “highway” there shall be substituted the word “road”.
(19) In section 242(1) (contributions by local authorities towards certain expenses incurred by a local highway authority of the Secretary of State)—
(a)for the words from “the provisions” to “highways” there shall be substituted the words “section 5(9) of the Roads (Scotland) Act 1984 (power of local roads authority to contribute towards costs incurred by Secretary of State in construction or improvement of trunk road”; and
(b)for the words “highway” there shall be substituted the word “roads”.
(20)In section 250(1) (expenses of, and borrowing by, local authorities), for the words “highway” and “highways” there shall in each case be substituted the word “roads”.
(21)In section 275(1) (interpretation)—
(a)in the definition of “engineering operations”, for the word “highways” there shall be substituted the word “roads”;
(b)for the definition of “improvement” there shall be substituted the following definition—
““improvement”, in relation to a road, has the same meaning as in the Roads (Scotland) Act 1984;”;
(c)for the definition of “local highway authority” there shall be substituted the following definition—
““local roads authority” has the same meaning as in Roads (Scotland) Act 1984;”; and
(d)in the definition of “means of access”, for the word “street” there shall be substituted the word “road”; and
(e)after the definition of “restriction on the winning and working of minerals” there shall be inserted the following definitions—
““road” has the same meaning as in the Roads (Scotland) Act 1984;”.
(22)In Schedule 18 (procedure in connection with orders relating to footpaths and bridleways) in both—
(a)the proviso to paragraph 3(1); and
(b)paragraph 3(2),
for the words “199 or 200” there shall be substituted the words “or 199”.
71S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Textual Amendments
F1Sch. 9 para. 71 repealed by Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. I