Roads (Scotland) Act 1984

39 (1) The Public Utilities Street Works Act 1950 shall be amended in accordance with this paragraph.

(2) In section 1 (purposes of the street works code, and works the execution of which is to be regulated thereby)—

(a) in subsection (1)—

(i) for the word “street”, where it occurs for the second time, there shall be substituted the word “road”;

(ii) for the word “streets” there shall be substituted the word “roads”; and

(iii) for the words “street which is a maintainable highway or is prospectively a maintainable highway” there shall be substituted the words “public road or prospective public road”;

(b) in subsection (2)(b), for the word “street” in both places where it occurs there shall be substituted the word “road”;

(c) for subsections (3) and (4) there shall be substituted the following subsections—

“(3) In this act the expression “road” means (without prejudice to section 38(1) of this Act) any way (other than a substitute road made under section 74(1) of the Roads (Scotland) Act 1984 or a waterway) whether or not there is over it a public right of passage and whether or not it is for the time being formed as a way; and the expression includes a square or court, and any part of a road.

(4) In this Act—

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

(b) references to a prospective public road are to a road which is declared likely to become a public road in a declaration made by the local roads authority under the Second Schedule to this Act and registered in the register kept by them under paragraph 2 of that Schedule,”; and

(d) in subsection (5)(b), for the word “street” there shall be substituted the word “road”.

(3) In section 2 (parties to proceedings under the street works code)—

(a) in subsection (1)—

(i) for the word “street”, where it occurs for the second time, there shall be substituted the word “road”;

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

“(a) the roads authority if the road is, or is prospectively, a public road, or the road managers if it is not;

(b) if the works include the breaking up or opening in the road, of a sewer vested in a local authority, that authority;”;

(iii) in paragraph (c), for the word “street” there shall be substituted the word “road”; and

(iv) in paragraph (d), for the word “street” there shall be substituted the words “road, not being a public road”;

(b) in subsection (2), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

“(a) the roads authority for the road on which that land abuts; and

(b) if the works include the breaking up or opening in that land of a sewer vested in a local authority, that authority.”;

(c) in subsection (3)—

(i) for the word “street” there shall be substituted the word “road”; and

(ii) for the words “public sewers” there shall be substituted the words “sewers vested in a local authority”;

(d) for subsection (4) there shall be substituted the following subsection—

“(4) In this Act the expression “roads authority” used in relation to—

(a) a public road or prospective public road, has the same meaning as in the Roads (Scotland) Act 1984;

(b) controlled land, means the roads authority for the road on which that land abuts.”; and

(e) in subsection (5)—

(a) for the words “ ”street managers’ (used in relation to a street that is not a maintainable highway” there shall be substituted the words “ ”road managers’ (used in relation to a road that is not a public road”; and

(b) in each of paragraphs (a) and (b), for the word “street” there shall be substituted the word “road”.

(4) In section 3 (settlement of a plan and section to be a condition of execution of major works)—

(a) in subsection (1), for the word “street” there shall be substituted the word “road”;

(b) in subsection (2)—

(i) in paragraph (c), for the words “maintainable highway” and “street” there shall be substituted, respectively, the words “public road” and “road”; and

(ii) in paragraphs (d), for the words “public sewer” there shall be substituted the words “sewer vested in a local authority”;

(c) in subsection (4), for the word “street”, wherever it occurs, there shall be substituted the word “road”; and

(d) in subsection (5), for the word “arbitrator”, in both places where it occurs, there shall be substituted the word “arbiter”.

(5) In section 4 (procedure as to plans and sections etc: general provisions)—

(a) in subsection (1), for the word “street” there shall be substituted the word “road”;

(b) in subsection (4)(b)—

(i) for the words “arbitrator” and “street” there shall be substituted, respectively, the words “arbiter” and “road”; and

(ii) in sub-paragraph (i) of the proviso, for the word “street” there shall be substituted the word “roads”;

(c) in subsection (5), for the word “arbitrator” there shall be substituted the word “arbiter”;

(d) in the proviso to subsection (6) for the words “street authority” and “street managers” there shall be substituted, respectively, the words “roads authority” and “road managers”;

(e) in subsection (7), for the words “arbitrator” and “street” there shall be substituted, respectively, the words “arbiter” and “road”; and

(f) in subsection (8)(b), for the word “arbitrator” there shall be submitted the word “arbiter”.

(6) In section 5 (procedure as to plans and sections etc.: provisions as to works in controlled land)—

(a) in subsection (1)—

(i) for the words “street which is a maintainable highway or is prospectively a maintainable highway, the street” there shall be substituted the words “road which is a public road or prospective public road, the roads”;

(ii) for the word “street” where it occurs for the third and fifth times there shall in each case be substituted the word “road”; and, where it occurs for the fourth time, there shall be substituted the word “roads”;

(b) in subsection (2), for the words “arbitrator”, in both places where it occurs, and “street” there shall be substituted, respectively, the words “arbiter” and “roads”;

(c) in subsection (3)—

(i) for the word “arbitrator”, wherever it occurs, there shall be substituted the word “arbiter”;

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

(d) in subsection (4)—

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

(ii) in paragraph (b), for the word “street” there shall be substituted the word “roads”.

(7) In section 6 (works not to be begun until after notice to authorities and managers concerned)—

(a) in subsection (1)—

(i) for the word “street”, wherever it occurs, there shall be substituted the word “road”; and

(ii) for the words “prospectively maintainable highway” there shall; be substituted the words “a prospective public road”; and

(b) in subsection (4), for the word “street”, in both places where it occurs, there shall be substituted the word “road”.

(8) In section 7 (requirements as to mode of executing major works and as to reinstatement)—

(a) in subsection (2), for the word “street” where it occurs for the first, second, third and fifth times, there shall in each case be substituted the word “road”; and where it occurs for the fourth time there shall be substituted the word “roads”;

(b) in subsection (6)—

(i) for the word “street” where it occurs for the first, second, fourth, fifth and sixth times, there shall in each case be substituted the word “road”; and where it occurs for the third time there shall be substituted the word “roads”; and

(ii) for the words “maintainable highway” there shall be substituted the words “public road”.

(9) In section 8 (requirements as to safety)—

(a) in subsection (1), in each of paragraphs (a), (c) and (d), for the word “street” there shall be substituted the word “road”;

(b) in subsection (4), for the word “street” there shall be substituted the words “roads”; and

(c) in subsection (5), for the word “street” where it first occurs there shall be substituted the word “roads”; and where it occurs for the second time there shall be substituted the word “road”.

(10) In section 9 (protection for street managers of a street which is prospectively a maintainable highway)—

(a) for the word “street” where it occurs for the first, third, fourth and fifth 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”; and

(b) for the words “prospectively a maintainable highway” there shall be substituted the words “prospective public road”.

(11) In section 10 (protection for transport authorities: right to execute works and to be paid cost thereof)—

(a) in subsection (1), for the word “street” where it occurs for the first, second, fourth, sixth, eighth and tenth times, there shall be in each case be substituted the word “road”; and where it occurs for the fifth, seventh and ninth times there shall in each case be substituted the words “roads”,

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

(c) in paragraph (b) of the proviso to subsection (5), for the word “street” there shall be substituted the word “road”.

(12) In section 11(1) (protection for transport authorities: special precautions in execution of certain works), for the word “street” there shall be substituted the word “road”.

(13) In section 12 (protection for sewer authorities)—

(a) in subsection (1)—

(i) for the word “street”, wherever it occurs, there shall be substituted the word “road”; and

(ii) for the words “public sewer of the authority” there shall be substituted the words “the sewer vested in the authority”;

(b) in subsection (2)—

(i) for the words “public sewer” there shall be substituted the words “sewer vested in a local authority”;

(ii) the word “sewer”, where it occurs for the second time, shall cease to have effect;

(c) in subsection (3), for the words “public sewer” there shall be substituted the words “sewer vested in a local authority”; and

(d) in subsection (4)—

(i) for the words “public sewer, the sewer”, there shall be substituted the words “sewer vested in a local authority, the”; and

(ii) for the words “public sewer of theirs” there shall be substituted the words “sewer vested in the authority”.

(14) In section 13 (protection for managers of sewers, drains or tunnels not being public sewers)—

(a) in subsection (1), for the words “public sewer” there shall be substituted the words “sewer vested in a local authority”, and

(b) in subsection (2), for the words “street” and “public sewers” there shall be substituted, respectively, the words “road” and “sewers vested in local authorities”.

(15) In section 14 (provision as to default in removing apparatus placed temporarily)—

(a) for the words “street other than a maintainable highway” there shall be substituted the words “road other than a public road”;

(b) for the word “street”, where it occurs for the second, fourth and fifth times, there shall in each case be substituted the word “road”; and where it occurs for the third time there shall be substituted the word “roads”.

(16) In section 17 (exclusion or restriction of requirements of consent as to certain code-regulated works)—

(a) in subsection (1)—

(i) for the words “maintainable highway” there shall be substituted the words “public road”;

(ii) in paragraph (a), for the word “highway” there shall be substituted the word “road”;

(iii) in sub-paragraph (i), for the word “highway” there shall be substituted the word “roads”; and

(iv) for the words “section four or section six of the Special Roads Act 1949” there shall be substituted the words “section 133 or 135 of the Roads (Scotland) Act 1984”;

(b) in subsection (4), for the word “street” where it first occurs there shall be substituted the word “roads”; and where it occurs for the second and third times there shall in each case be substituted the word “road”; and

(c) in subsection (5), for the word “arbitrator” there shall be substituted the word “arbiter”.

(17) In section 18 (liabilities of undertakers to street and bridge authorities or managers)—

(a) in subsection (1), for the word “street” where it occurs for the first, third, fourth and fifth times, there shall in each case be substituted the word “road”; and where it occurs for the second and sixth times there shall in each case be substituted the word “roads”;

(b) in subsection (2), for the word “street” where it first occurs there shall be substituted the word “roads”; and where it occurs for the second and third times there shall in each case be substituted the word “road”;

(c) in subsection (4), for the words “street authority or street” there shall be substituted the words “roads authority or road”.

(18) In section 19 (liabilities of undertakers to transport authorities)—

(a) in subsection (1), in each of paragraphs (a) and (b), for the word “street” there shall be substituted the word “road”;

(b) in subsection (2)—

(i) for the word “street”, wherever it occurs, there shall be substituted the word “road”; and

(ii) for the words “prospectively a maintainable highway” there shall be substituted the words “prospective public road”; and

(c) for subsection (4) there shall be substituted the following subsection—

“(4) Where undertakers are required by a transport authority to give an indemnity by virtue of subsection (1) of this section against loss or damage, within the meaning of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940, in respect of which another person would if sued by the authority be liable in respect of a wrongful act or negligent act of admission, but in respect of which the undertakers are not so liable, the undertakers shall have the like right to recover contribution from that other person under section 3 of that Act as if the undertakers had been so liable.”.

(19) In section 20(3) (disapplication of requirements of consent in relation to the breaking up of certain roads), for the word “street”,wherever, it occurs, there shall be substituted the word “road”.

(20) In section 21 (cases in which code is to have effect)—

(a) in subsection (1)—

(i) for the word “street”, wherever it occurs, there shall be substituted the word “road”;

(ii) in paragraph (a), for the words “Minister, a county council, or the council of a borough or urban district, that is to say” there shall be substituted the words “ roads authority”; and after the word “carriageway.” there shall be inserted the word “footway,”;

(iii) after paragraph (a) there shall be inserted the following paragraph—

“(aa) any works constructed, whether or not for road purposes, under section 27 of the Roads (Scotland) Act 1984; or”; and

(iv) in paragraph (b), for the words “one for the maintenance or repair of which the Minister or a council mentioned in the preceding paragraph is liable” there shall be substituted the words “a public road”;

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

(c) in subsection (3), for the words “, that is to say the Minister or the council” there shall be substituted the words “: the roads authority”.

(21) In section 22(2) (undertakers’ right to payment for works made necessary by, and obligation to facilitate, road, etc. works), in each of sub-paragraphs (i) and (ii) of the proviso, for the word “street” there shall be substituted the word “road”.

(22) In section 26(1) (requirements as to undertakers’ works which are likely to affect other undertakers’ apparatus), for the word “street” in both places where it occurs there shall be substituted the word “road”.

(23) In section 27(2) (liability of undertakers for cost of use of alternative route required by reason of their works), for the words “highway authority (if the latter road is a maintainable highway) or to the street” there shall be substituted the words “roads authority (if the latter road is a public road) or to the road”.

(24) In section 28 (restriction breaking up by undertakers of maintainable highways recently closed or re-surfaced)—

(a) in subsection (1)—

(i) for the words “maintainable highway” there shall be substituted the words “public road”;

(ii) for the word “highway” where it occurs for the second and fourth times there shall in each case be substituted the word “road”; and where it occurs for the third and fifth times there shall in each case be substituted the word “roads”;

(b) in subsection (3), for the word “highway” there shall be substituted the word “road”;

(c) in subsection (4), for the word “highway”, in both places where it occurs, there shall be substituted the word “roads”;

(d) in subsection (6), 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 word “roads”; and

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

(25) In section 29 (storage of equipment at side of road)—

(a) in subsection (1)—

(i) for the word “street” where it first occurs there shall be substituted the word “roads”; and where it occurs for the second time there shall be substituted the word “road”; and

(ii) after the word “track” there shall be inserted the word “, footway”; and

(b) in subsection (2), for the words “street that is a maintainable highway, or is prospectively a maintainable highway” there shall be substituted the words “public road or prospective public road”.

(26) In section 31 (arbitration)—

(a) in subsection (1)—

(i) for the word “arbitrator” there shall be substituted the word “arbiter”; and

(ii) for the words “President of the Institution of Civil Engineers” there shall be substituted the word “sheriff”; and

(b) after subsection (1) there shall be inserted the following subsections—

“(1A) In any arbitration in accordance with the provisions of subsection (1) of this section the arbiter may, and if so directed by the Court of Session shall, state a case for the decision of the Court on any question of law arising in the arbitration; and the decision of the Court thereon shall be final unless the Court or the House of Lords give leave to appeal to the House of Lords against the decision.

(1B) Leave under subsection (1A) above may be given on such terms as to expenses or otherwise as the Court or House of Lords may determine.”.

(27) In section 33(3) (financial provisions)—

(a) for the words “Minister to make advances under section eight of the Development and Road Improvement Funds Act 1909” there shall be substituted the words “Secretary of State to make advances under section 3(1) of the Roads (Scotland) Act 1984”;

(b) for the words “highway authority” there shall be substituted the words “roads authority”; and

(c) in each of paragraphs (a) and (b), for the words “the street” there shall be substituted the word “roads”.

(28) In section 34(7)

(interpretation), in the definition of “bank holiday”, for the word “street” there shall be substituted the word “road”.

(29) In section 36(14) (restriction on liability for damage etc. arising from undertakers’ works) for the word “street” there shall be substituted the word “road”.

(30) In section 37 (references to property held or used for transport undertakings, and to powers for railway or tramway purposes), for the word “street”, wherever it occurs, there shall be substituted the word “road”.

(31) In section 38 (references to powers to execute works in streets, to bridges and to service pipes and lines)—

(a) for the word “street”, wherever it occurs, there shall be substituted the word “road”;

(b) in subsection (1)(c), for the words “roadway and footpaths” there shall be substituted the words “carriageway and footway”; and

(c) in subsection (3)—

(i) in paragraph (b), for the words “a private” to the end of the paragraph there shall be substituted the words “not a sewer vested in a local authority”; and

(ii) in the proviso, for the words “maintainable highway, or is the prospectively a maintainable highway” there shall be substituted the words “public road, or prospective public road”.

(32) In section 39 (definitions)—

(a) after the definition of “bridge authority or managers” there shall be inserted the following definition—

• “carriageway” has the same meaning as in the Roads (Scotland) Act 1984;

(b) for the definition of “classified road” there shall be sub-substituted the following definition—

““classified road” means a road classified under section 11(1) of the Roads (Scotland) Act 1984;”;

(c) for the definition of “county council” there shall be substituted the following definition—

““cycle track” has the same meaning as in the Roads (Scotland) Act 1984;”;

(d) after the definition of “enactment” there shall be inserted the following definitions—

““footpath” and “footway” have the same meanings as in the Roads (Scotland) Act 1984;”;

(e) in the definition of “in”, for the word “street”, in both places where it occurs, there shall be substituted the word “road”;

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

““local roads authority” has the same meaning as in the Roads (Scotland) Act 1984;”;

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

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

(h) for the definitions of “public sewer” and “sewer authority” there shall be substituted the following definition—

““public road” has the meaning assigned to it by paragraph (a) of subsection (4) of section 1 of this Act; and references to a “prospective public road” shall be construed as mentioned in paragraph (b) of that subsection;”;

(i) in the definition of “railway”, for the word “highway” there shall be substituted the word “road”;

(j) after the definition of “reinstatement and making good” there shall be inserted the following definitions—

““road” has (without prejudice to section 38(1) of this Act) the meaning assigned to it by section 1(3) of this Act;

“roads authority” has the meaning assigned to it by section 2(4) of this Act;

“road managers” has the meaning assigned to it by section 2(5) of this Act;”;

(k) in the definition of “road purposes”, for the words “of roads in subsection (5) of section eight of the Development and Road Improvement Funds Act 1909, the provision of a cattle-grid in a road and works ancillary thereto” there shall be substituted the words “in section 151(1) of the Roads (Scotland) Act 1984”;

(l) after the definitions of “service pipe” and “service line” there shall be inserted the following definition—

““sewer authority” means the local authority in whom the sewer is vested;”;

(m) in the definition of “tramway”, for the word “highway” there shall be substituted the word “road”; and

(n) after the definitions of “transport undertaking” and “transport authority” there shall be inserted the following definition—

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

(33) In Schedule 1 (definition of “controlled land” and provisions as to authorisation of works therein)—

(a) in paragraph 1(1)—

(i) for the words “street which is a maintainable highway or is prospectively a maintainable highway” there shall be substituted the words “road which is a public road or prospective public road”;

(ii) in head (a), for the word “street” there shall be substituted the word “roads”; and

(iii) for head (c) there shall be substituted the following head—

“(c) is by virtue of an agreement capable of being immediately used by the roads authority for road purposes.”;

(b) in paragraph 2, for the word “street” where it occurs for the first time there shall be substituted the words “roads”; and where it occurs for the second, fourth and fifth times there shall in each case be substituted the word “road”;

(c) in paragraph 3, for the word “street” where it occurs for the first, third and fourth times there shall in each case be substituted the word “road”; and where it occurs for the second time there shall be substituted the word “roads”;

(d) in paragraph 4, for the word “street” there shall be substituted the word “roads”;

(e) in paragraph 5(1), for the word “street”, wherever it occurs, there shall be substituted the word “roads”;

(f) in paragraph 6(1)—

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

(ii) at the end there shall be added the words “for Scotland”;

(g) in paragraph 6(2), for the word “street” where it occurs for the first, second and fourth times there shall in each case be substituted the word “roads”; and where it occurs for the third time there shall be substituted the word “road”;

(h) in paragraph 7, for the word “street” where it occurs for the first, third, fifth and seventh times there shall in each case be substituted the word “roads”; and where it occurs for the second, fourth and sixth times there shall in each case be substituted the word “road”; and

(i) in paragraph 8, for the word “street” where it occurs for the first, third and fourth times there shall in each case be substituted the word “road”; and where it occurs for the second time there shall be substituted the word “roads”.

(34) For Schedule 2 (declarations designating streets as prospectively maintainable highways) there shall be substituted the following Schedule—

“Second SCHEDULE S Declarations Designating Roads as Prospective Public Roads

1 Subject to paragraph 2 below, where a local roads authority are satisfied that a road in their area which is not a public road is likely to become a public road they may issue a declaration to that effect.

2 A declaration under paragraph 1 above shall not be made as regards a road which is under the management or control of a transport authority.

3 Each local roads authority shall keep a register in which shall be entered, in such manner as may be prescribed by the Secretary of State, particulars of every declaration made by them under paragraph 1 above; and they shall keep the register open to public inspection and allow any person to make a copy of any entry therein.”.

(35) In Schedule 3 (reinstatement and making good by street authority or street managers after execution of undertakers’ works)—

(a) in paragraph 1(1)—

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

(ii) in the proviso, for the words “street being a highway which is not a maintainable highway and” there shall be substituted the words “private road”;

(b) in paragraph 1(2), for the word “street”, wherever it occurs, there shall be substituted the word “road”;

(c) in paragraph 1(3)—

(i) for the words “street which is prospectively a maintainable highway” there shall be substituted the words “prospective public road”;

(ii) for the word “street” where it occurs for the second time there shall be substituted the word “roads”; and where it occurs for the third, fourth and fifth times there shall in each case be substituted the word “road”; and

(iii) for the words “appropriate local” there shall be substituted the words “local roads”;

(d) in paragraph 2, in each of sub-paragraphs (1) and (2), for the word “street” there shall be substituted the word “road”;

(e) in paragraph 4(1), for the word “street” there shall be substituted the word “road”; and

(f) in paragraph 5(2)(i), for the words “Minister of the Crown, a county council” there shall be substituted the words “roads authority”.

(36) In Schedule 4 (supplementary provisions of code)—

(a) in paragraph 1(2), for the word “street” there shall be substituted the word “road”; and

(b) in paragraph 4(b), for the word “arbitrator” there shall be substituted the word “arbiter”.

(37) In Schedule 5 (consequential modifications of public general enactments), in the entries relating to sections 15 and 16 of the Electric Lighting Act 1882 and section 17 of the Schedule to the Electric Lighting (Clauses) Act 1899, references to a street shall be construed as including references to a road (within the meaning of the Public Utilities Street Works Act 1950.)

(38) In Schedule 6 (powers for consequential modification of special enactments, and for saving as to certain protections and consent requirements)—

(a) in paragraph 5, for the word “London” there shall be substituted the word “Edinburgh”; and

(b) in the Table—

(i) in head (i), for the word “street” there shall be substituted the word “road”; and

(ii) in head (iii), for the words “council mentioned in subsection (1) of section twenty-one of this Act,” there shall be substituted the words “local roads authority”.