- Latest available (Revised)
- Original (As enacted)
Roads (Scotland) Act 1984, Section 104 is up to date with all changes known to be in force on or before 20 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Subject to section 109 of this Act, a roads authority may acquire land required—
(a)in connection with the construction, improvement or protection of a public road under or by virtue of this Act; or
(b)for the purpose—
(i)of providing or improving a road which is to be provided or improved in pursuance of an order under [F1section 202, 203 or 207 of the Town and Country Planning (Scotland) Act 1997]; or
(ii)of providing a public right of way which is to be provided as an alternative to a right of way extinguished under [F1section 206(1)(a) or (b)],
or for any other purpose for which land is required in connection with such an order as is mentioned in sub-paragraph (i) above.
(2)Subject to section 109 of this Act, the Secretary of State may acquire land which is required in connection with—
(a)the carrying out of any works authorised by an order relating to a trunk road under section 12 of this Act; or
(b)the provision of buildings or facilities for the purposes of constructing, improving, maintaining or servicing a trunk road other than a special road.
(3)Subject to section 109 of this Act, the special road authority may acquire land which is required—
(a)in connection with the improvement of a road which is included in the route of a special road but has not been transferred to the authority by means of an order under section 9 of this Act,
(b)for the purpose of any order made in relation to a special road under the said section 9, or
(c)in connection with the provision of service stations or other buildings or facilities to be used in connection with a special road.
(4)Where, in the exercise of any of the powers conferred by subsections (1) to (3) above or section 106 of this Act, a roads authority have acquired, or propose to acquire, land forming part of a common or open space, and other land is required for the purpose of being given in exchange for the first-mentioned land, the authority may acquire that other land as if it were land required by them in connection with the construction or improvement of a public road; and nothing in section 109 of this Act applies to an acquisition by virtue of this subsection.
(5)In the foregoing provisions of this section any reference to—
(a)a public road shall be construed as including a reference to a proposed public road;
(b)a trunk road shall be construed as including a reference to a proposed public road which is to be a trunk road; and
(c)a special road shall be construed as including a reference to a proposed public road which is to be a special road.
Textual Amendments
F1Words in s. 104(1)(b) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2, para. 38(7)
Modifications etc. (not altering text)
C1Ss. 103-111 excluded (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 20(4), 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, sch.
C2S. 104(1)(b)(ii): power to modify conferred (27.5.1997) by 1997 c. 8 ss. 211(2)(b), 278(2)
C3S. 104(3)(c) extended (21.10.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 39(3)(with savings in s. 47(4), 167(2)); S.I. 1991/2286, art. 2(1), Sch. 1
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: