Roads (Scotland) Act 1984

134 Extinguishment of rights of statutory undertakers to apparatus etc. in connection with schemes under section 7 and orders under section 9

(1) Without prejudice to section 133 of this Act, section 219 of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 (extinguishment of certain subsisting rights of statutory undertakers over land acquired under Part VI of that Act) shall apply

(a) in relation to land acquired or appropriated by a special road authority for the purpose of carrying out works in pursuance of a scheme under section 7 or an order under section 9 of this Act; and

(b) in relation to land forming the site of any part of an existing road which is appropriated or transferred to a special road authority under this Act,

as it applies in relation to land acquired under the said Part VI; and sections 220 and 222 to 225 of the said Act of 1972 (which contain provisions consequential upon the extinguishment of any right under the said section 219) shall have effect accordingly.

(2) The provisions of the said Act of 1972 mentioned in subsection (1) above shall have effect, as applied for the purposes of this section, with the substitution for references therein to the purchasing authority of references to the special road authority.

(3) Where apparatus of statutory undertakers supplying electricity, gas, hydraulic power or water is removed in pursuance of a notice or order given or made under the said section 219 (as applied for the purposes of this section), any person who is the owner or occupier of premises to which a supply was given from that apparatus shall be entitled to recover from the special road authority expenditure for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given if that expenditure was reasonably incurred in consequence of the removal.