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Roads (Scotland) Act 1984
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Roads (Scotland) Act 1984, Section 40 is up to date with all changes known to be in force on or before 23 January 2025. 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.
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Changes and effects yet to be applied to Section 40:
- s. 152(3)(3ZA) substituted for s. 152(3) by 2019 asp 17 s. 124(2)
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 152(3)(3ZA) substituted for s. 152(3) by 2019 asp 17 s. 124(2)
40 Interpretation of sections 36 to [F139C].S
In sections 36 to [F139C] of this Act—
“authorised” means specially authorised by the Secretary of State;
“motor vehicle” has the same meaning as in the M1Road Traffic regulation Act 1984;
“road hump” means an artificial hump which is in, or on the surface of, a road and which is designed to control the speed of vehicles; and references to a road hump include references to any other works (including signs or lighting) required in connection with such a hump; F2. . .
“statutory”, in relation to a speed limit, means having effect by virtue of an enactment [F3other than section 84(1)(b) or (c) of the Road Traffic Regulation Act 1984 (temporary and variable speed limits)][F4; and
[F5“traffic calming works”, in relation to a road, means works affecting the movement of vehicular or other traffic for the purpose of—
(a)promoting safety (including avoiding or reducing, or reducing the likelihood of, danger connected with terrorism within the meaning of section 1 of the Terrorism Act 2000 (c. 11)), or
(b)preserving or improving the environment through which the road runs.]]
Textual Amendments
F1Words in s. 40 substituted (16.5.1992) by virtue of Traffic Calming Act 1992 (c. 30), ss. 2(a), 3
F2Words in s. 40 ceased to have effect (16.5.1992) by virtue of Traffic Calming Act 1992 (c. 30), ss. 2(b), 3
F3S. 40: words in definition of "statutory" added (1.7.1992) by Road Traffic Act 1991 (c. 40, 107:1), s. 48, Sch. 4 para. 38(2); S.I. 1992/1286, art. 2, Sch. (with S.I. 1992/1410)
F4Words in s. 40 added (16.5.1992) by Traffic Calming Act 1992 (c. 30), ss. 2(c), 3
F5Words in s. 40 substituted (19.1.2005) by Civil Contingencies Act 2004 (c. 36), s. 34(1), Sch. 2 para. 17(2); S.I. 2004/3281, art. 2(3)(4)(a)
Modifications etc. (not altering text)
C1S. 40 definition of "road hump" applied (14.7.1992) by New Roads and Street Works Act 1991 (c. 22, SIF 58, 108), s. 145(3)(d), (with saving s. 167(4)(5)); S.I. 1992/1671, art. 2, Sch.
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