Roads (Scotland) Act 1984

9 Supplementary orders relating to special roads. S

(1) Subject to section 113 of this Act, provision in relation to a special road may be made by an order under this section—

(a) for appropriating as part of the special road, as from such date as may be specified in the order, any road (or proposed road in course of construction) comprised in the route prescribed by the scheme authorising the special road and which is a road (or proposed road) for which the special road authority are the roads authority;

(b) for transferring to the special road authority, as from such date as may be specified in the order, any road (or proposed road in course of construction) comprised in that route and for which they are not the roads authority;

(c) for authorising the special road authority—

(i) to stop up, divert, improve or otherwise alter any road which crosses or enters the route of the special road or is or will be otherwise affected by the construction or improvement of the special road;

(ii) to construct any new road for purposes connected with any such alterations as aforesaid or for any other purpose connected with the special road or its construction and to close after such period as may be specified in the order any new road temporarily so constructed;

(d) for transferring to such roads authority as may be specified in the order, as from such date as may be so specified any road constructed by the special road authority in pursuance of the order or any previous order made under this section;

(e) for authorising or requiring the special road authority to exercise, either concurrently with or to the exclusion of any [F1 local authority], any functions which, apart from the order, would be exercisable by that [F1 local authority] in relation to the special road or any part thereof other than functions of [F1 special road] authority as regional or general planning authority within the meaning of the M1 Town and Country Planning (Scotland) Act 1972; or

(f) for any other purpose incidental to the purposes aforesaid or otherwise incidental to the construction or maintenance of, or other dealing with, the special road.

(2) An order under this section shall—

(a) in the case of a special road provided or to be provided by the Secretary of State, be made by the Secretary of State;

(b) in the case of a special road provided or to be provided by a local roads authority, be made by that authority and confirmed by the Secretary of State,

in accordance with Parts I and III of Schedule 1 to this Act; and Schedule 2 to this Act shall have effect with respect to the validity and date of operation of any such order.

(3) No order authorising the stopping up of a road shall be made or confirmed by the Secretary of State under this section unless he is satisfied that another reasonably convenient route is available or will be provided in pursuance of an order under this section before the road is stopped up.

(4) No order providing for the appropriation by or transfer to a special road authority of an existing road comprised in the route prescribed by the scheme authorising the special road shall be made or confirmed by the Secretary of State under this section unless he is satisfied—

(a) that another reasonably convenient route is available for traffic other than traffic of the class authorised by the scheme, or will be provided in pursuance of an order under this section before the date on which the appropriation or transfer takes effect, or

(b) that no such other route is reasonably required for any such other traffic.

(5) An order under this section may provide for the payment of contributions—

(a) by the special road authority to any other roads authority in respect of any additional liabilities imposed on that other authority in consequence of the provisions of the order or of any previous order made under this section;

(b) to the special road authority by any other authority in respect of any liabilities so imposed on the special road authority, being liabilities which would otherwise have fallen to be discharged by the other authority;

and may also provide for the determination by arbitration of disputes as to the payment of such contributions.

Textual Amendments

F1 Words in s. 9(1)(e) substituted (1.4.1996) by 1994 c. 39 s. 180(1), Sch. 13, para. 135(2); S.I. 1996/323 art. 4(c)

Marginal Citations

M1 1972 c. 52.