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Roads (Scotland) Act 1984
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Roads (Scotland) Act 1984, Section 88 is up to date with all changes known to be in force on or before 06 March 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 88:
- 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)
88 Removal of projections which impede or endanger road users.S
(1)Without prejudice to section 129(8) of this Act, the roads authority may, after giving 28 days notice to the owner and occupier of any building, remove or alter any such projection therefrom as interferes with safe or convenient passage along a road and is specified in the notice.
(2)Subject to subsection (3) below, the roads authority shall pay compensation to any person who sustains damage by reason of the removal or alteration of a projection in pursuance of subsection (1) above.
(3)No compensation shall be payable under subsection (2) above in respect of a projection made without any consent which was, by or under any enactment, required for it.
Modifications etc. (not altering text)
C1S. 88: power to contract out functions of Secretary of State (16.3.1996) by S.I. 1996/878, arts. 2, Sch. para. 5(y)
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