Roads (Scotland) Act 1984

112 Transfer of property and liabilities upon road becoming or ceasing to be a trunk road. S

(1) Where a road becomes a trunk road, then, subject to the provisions of this section, as from the date on which it does so (“the operative date”), there shall, by this section, be transferred to and shall vest in the Secretary of State for the purposes of his functions as roads authority—

(a) the road in so far as it was, immediately before the operative date, vested in the former roads authority;

(b) all property in so far as it was, immediately before the operative date, vested in the former roads authority for the purposes of their functions in relation to the road;

(c) all liabilities which have been incurred by the authority for the purposes mentioned in paragraph (b) above and have not been discharged before the operative date, other than loans and loan charges.

[F1 (d) any property such as is mentioned in subsection (1A) below]

[F2 (1A) The property mentioned in paragraph (d) of subsection (1) above is property which—

(a) was, immediately before the operative date, vested in the former roads authority for the purposes of their functions in relation to more than one road (including the road mentioned in that subsection); and

(b) is specified in an order made by the Secretary of State.

(1B) Where any property is transferred to and vests in the Secretary of State as mentioned in subsection (1)(d) above, he shall make arrangements with the former roads authority as respects the use of that property; and any dispute between the Secretary of State and the former roads authority as to any arrangements made under this subsection shall be determined in like manner as any dispute such as is mentioned in subsection (7) below.]

(2) In [F3 subsections (1) and (1A)] above, “property”—

(a) includes the unexpended balances of any grants paid by the Secretary of State to any such authority for the purposes of their functions in relation to the road but not of any loans raised by any such authority for those purposes; and

(b) does not include—

(i) land vested in the authority for the storage of materials required wholly or partly for the maintenance, repair or improvement of other roads;

(ii) land acquired for the improvement or development of frontages or of land abutting on or adjacent to the road; and

(iii) materials for maintenance, repair or improvement of the road.

(3) Such vesting as is mentioned in subsection (1) above shall not confer on the Secretary of State any heritable right in relation to a road.

(4) There shall not be transferred to the Secretary of State by this section any right or liability in respect of—

(a) work done, services rendered, goods delivered, or money due for payment, before the operative date;

(b) damages or compensation for any act or omission before that date; or

(c) the price of, or compensation for, any land purchased, or for which a contract to purchase has been made, before that date.

(5) Anything vested in the Secretary of State by this section shall be held by him subject to all covenants, conditions and restrictions subject to which it was held by the former roads authority and to all liabilities affecting it (except a liability referred to in subsection (4) above).

(6) The Secretary of State may enter into an agreement with the former roads authority—

(a) that any property or liabilities (except loans and loan charges) acquired or incurred by the authority for the purposes of their functions in relation to a road which has become a trunk road, other than properties or liabilities transferred to the Secretary of State by this section, shall be transferred to him, or

(b) that any property or liabilities transferred to the Secretary of State by this section shall be transferred back to the authority.

(7) Any dispute between the Secretary of State and any authority or person as to the property or liabilities transferred by this section shall be determined by arbitration by a single arbiter appointed in default of agreement by the Court of Session, or the sheriff, on the application of either party.

(8) The foregoing provisions of this section shall apply where a road ceases to be a trunk road in like manner as they apply where a road becomes a trunk road, with the substitution—

(a) for references to the former roads authority of references to the Secretary of State, and

(b) for references to the Secretary of State of references to the local roads authority who become the roads authority for the road.

(9) The former roads authority for a road which becomes a trunk road shall produce to the Secretary of State such documents and other information as he may require relating to their functions, property and liabilities in respect of the road.

(10) Schedule 6 to this Act shall have effect for the purpose of providing for transitional matters arising where a road becomes or ceases to be a trunk road and for making certain other transitional provisions.

(11) In the foregoing provisions of this section—

• “former roads authority” means, in relation to a road which has become a trunk road, the roads authority in whom the road was vested immediately before it became a trunk road; and

• “property”, subject to subsections (2) and (3) above, includes property, rights and powers of every description.

Textual Amendments

F1 S. 112(1)(d) added (4.1.1995) by 1994 c. 39, s. 38(3)(a) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

F2 S. 112(1A)(1B) added (4.1.1995) by 1994 c. 39, s. 38(3)(b) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

F3 Words in s. 112(2) substituted (4.1.1995) by 1994 c. 39, s. 38(3)(c) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2