122 Interpretations of sections 116 to 121.E+W+S
(1)Where a railway or an inland waterway passes under a [F1highway][F1road] by means of a tunnel, or runs in a cutting over which a [F1highway][F1road] is superimposed, the foregoing provisions of this Part of this Act (except sections 119 and 120) shall, so far as applicable and subject to any necessary modifications, have effect in relation to the [F1highway][F1road] as if it were carried by a bridge and to the structure of the tunnel or, as the case may be, the structure by means of which the [F1highway][F1road] is superimposed as aforesaid, as if that structure were a bridge.
(2)In sections 116, 117 and 120 of this Act, and in section 121 thereof so far as it relates to the said sections 116 and 117, references to a railway include references to a railway which has ceased to carry any traffic and to the site of a railway from which the track has been removed.
(3)In sections 117 and 118 of this Act, and in section 121 thereof so far as it relates to those sections, references to a bridge include references to any abutments or other parts of a bridge and, if the person to whom the bridge belongs is responsible for the maintenance thereof—
(a)to the surface of the [F1highway][F1road] carried by, or giving access to, the bridge;
(b)to any embankment, retaining wall or other work or substance supporting or protecting the surface of that [F1highway][F1road].
[F2(4)In the foregoing provisions of this Part of this Act, and in this section, references to a highway do not include references to a waterway.]
Textual Amendments
F1Word “road" substituted (S.) (1.1.1985) for word “highway" by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 66(7)(a)
F2S. 122(4) repealed (S.) (1.1.1985) by Roads (Scotland) Act 1984 (c. 54, SIF 108), ss. 156(3), 157(2), Sch. 11