The A90 (Aberdeen Western Peripheral Route) (Craibstone Junction) Special Road Scheme 2010

Scottish Statutory Instruments

2010 No. 81

Roads And Bridges

Special Roads

The A90 (Aberdeen Western Peripheral Route) (Craibstone Junction) Special Road Scheme 2010

Approved by the Scottish Parliament

Made

14th January 2010

Laid before the Scottish Parliament

15th January 2010

Coming into force

31st March 2010

The Scottish Ministers make the following Scheme in exercise of the powers conferred by sections 7, 8(2) and 10(1) of the Roads (Scotland) Act 1984(1) and all other powers enabling them to do so.

In accordance with section 7(7) of that Act, they have given due consideration to the requirements of local and national planning, and to the requirements of agriculture and industry.

In accordance with section 20A(2) of that Act, they have determined that the project falls within Annex I to Council Directive 85/337/EEC(3), as relevantly amended by Council Directive 97/11/EC(4) and Council Directive 2003/35/EC(5), on the assessment of the effects of certain public and private projects on the environment.

In accordance with section 20A(2) of that Act, they have prepared an environmental statement and published notice of it on 11th September 2007, and have complied with all other provisions of section 20A of that Act.

This Scheme is made in accordance with the provision of Parts II and III of Schedule 1(6) to that Act.

Citation and commencement

1.  This Scheme may be cited as the A90 (Aberdeen Western Peripheral Route) (Craibstone Junction) Special Road Scheme 2010 and comes into force on the 28th day after the day on which it is approved by resolution of the Scottish Parliament.

Special road

2.  The Scottish Ministers as special road authority are, by means of this Scheme, authorised to provide a special road along the routes described in the Schedule and such road shall become trunk road on the date this Scheme comes into force.

Classes of traffic

3.  Classes I and II of the classes of traffic set out in Schedule 3 to the Roads (Scotland) Act 1984 are prescribed for the purpose of the use of the special road, the routes of which are described in the Schedule.

A C McLAUGHLIN

A member of the staff of the Scottish Ministers

Buchanan House,

Glasgow

14th January 2010

Paragraph 2

SCHEDULE SPECIAL ROAD

INTERPRETATION

In this Schedule–

“the plan” means the plan numbered RYC/G109/13/0703 and entitled “The A90 (Aberdeen Western Peripheral Route) (Craibstone Junction) Special Road Scheme 2010”, signed with reference to this Scheme and deposited at the offices of Transport Scotland, Buchanan House, 58 Port Dundas Road, Glasgow, G4 0HF; and

“point 1” means the point located at the southwest corner of the existing building known as Chapel Works, Bucksburn, Aberdeen, AB21 9TL, shown marked “point 1” on the plan.

THE ROUTES OF THE SPECIAL ROAD

1.  From a point 1.01 kilometres or thereby south, south-east of point 1 in a generally north, north-westerly direction for a distance of 380 metres or thereby to a point 650 metres or thereby south-east of point 1 as shown by a heavy black line between points marked “point A” and “point B” on the plan.

2.  From a point 630 metres or thereby south-east of point 1 in a generally north, north-westerly direction for a distance of 360 metres or thereby to a point 390 metres or thereby east, south-east of point 1 as shown by a heavy black line between points marked “point C” and “point D” on the plan.

3.  From a point 400 metres or thereby east of point 1 in a generally south, south-easterly direction for a distance of 440 metres or thereby to a point 685 metres or thereby south-east of point 1 as shown by a heavy black line between points marked “point E” and “point F” on the plan.

4.  From a point 705 metres or thereby south-east of point 1 in a generally south, south-easterly direction for a distance of 365 metres or thereby to a point 1.01 kilometres or thereby south, south-east of point 1 as shown by a heavy black line between points marked “point G” and “point H” on the plan.

EXPLANATORY NOTE

(This note is not part of the Scheme)

This Scheme at paragraph 2 authorises the Scottish Ministers, as special road authority, to provide a special road along those routes described in the Schedule at Craibstone Junction.

Paragraph 3 prescribes which classes of traffic are permitted to use the special road.

Copies of the Environmental Statement prepared for the project, and the plan referred to in this Scheme, may be inspected, free of charge, at the offices of Transport Scotland, Buchanan House, 58 Port Dundas Road, Glasgow G4 0HF between 0900 hours - 1630 hours (Monday to Friday, excluding public holidays).

(1)

1984 c.54. Section 7 was amended by the Water Industry (Scotland) Act 2002 (asp 3), schedule 7, paragraph 14 and the Transport and Works (Scotland) Act 2007 (asp 8), schedule 2, paragraph 2 and schedule 3. Sections 8 and 10 were amended by the New Roads and Street Works Act 1991 (c.22), sections 45 and 46 respectively. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(2)

Section 20A was substituted by S.S.I. 1999/1 and was amended by S.S.I. 2006/614.

(3)

O.J. L 175, 5.7.1985, p.40.

(4)

O.J. L 73, 14.3.1997, p.5.

(5)

O.J. L 156, 25.6.2003, p.17.

(6)

Part II of Schedule 1 was relevantly amended by the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 135; the Water Industry (Scotland) Act 2002 (asp 3), schedule 7, paragraph 14; the Transport and Works (Scotland) Act 2007 (asp 8), section 24, schedule 2, paragraph 3 and schedule 3 and also by S.S.I. 1999/1 and 2006/614.