Roads (Scotland) Act 1984

46 Agreements for use of land for cattle-grids or by-passes.S

(1)The roads authority may, for the purpose of providing, altering or improving a cattle-grid or by-pass under the powers conferred by this Act, enter into an agreement with persons having an interest in any land for the use of the land for that purpose; and there shall be exercisable by the authority and the public such rights over the land as may be specified in the agreement.

(2)An agreement under subsection (1) above—

(a)may contain provisions for payment to persons who are parties to it in consideration of the use of the land or otherwise in respect of their entering into the agreement; and

(b)shall not operate so as to prejudice the rights of any person not a party thereto or confer upon any other person any right against him.

(3)Section 5(3) and (4) of, and paragraph 4 of Schedule 2 to, the M1Forestry Act 1967 (enforcement of forestry dedication agreements and classes of person who may enter into such agreements) shall apply in relation to agreements under this section as they apply in relation to forestry dedication agreements, but with the substitution for the reference in the said section 5(3) to the Forestry Commissioners of a reference to the roads authority.

Marginal Citations