Part XIIIS General

NoticesS

136 Contents of notices.S

Except where and in so far as otherwise expressly provided in this Act, a notice issued or served by a roads authority under this Act regarding the doing of anything in relation to land, shall—

(a)so far as necessary and reasonably practicable give details, including the location, of the land;

(b)so far as necessary and reasonably practicable specify the nature of any works which have to be carried out and of any requirements which have to be met;

(c)specify any period within which the notice has to be complied with;

(d)state any power of the authority, if the notice is not complied with, to enter the land and carry out the works specified in the notice and to recover their expenses in so doing; and

(e)intimate any right of appeal under this Act against the notice.

137 Service of notices.S

Section 192 of the M1Local Government (Scotland) Act 1973 (service of notices) shall apply to notices under this Act relating to land as that section applies to notices under that Act relating to premises.

Marginal Citations

138 Time for enforcing certain notices.S

Subject to any express provision in this Act to the contrary, a notice containing a requirement which may be appealed against under this Act shall not be acted upon by a roads authority or a person authorised by them until the time for appealing against the notice has expired or, if an appeal has been lodged, until that appeal has been disposed of or abandoned.

InquiriesS

139 Holding of inquiries.S

(1)Without prejudice to any express provision in this Act in that regard, the Secretary of State may hold an inquiry—

(a)in connection with any matters as to which he is under this Act authorised to act; or

(b)for the purpose of determining any matter which he is required under this Act to determine.

(2)subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 shall apply to an inquiry under subsection (1) above as they apply to a local inquiry under that section.

(3)The M2Tribunals and Inquiries Act 1971 shall apply to an inquiry under subsection (1) above as that Act applies to a statutory inquiry held by the Secretary of State.

Marginal Citations

Powers of entry etc.S

140 Powers of entry.S

(1)A person authorised by a roads authority shall, on producing, if so required, some duly authenticated document showing his authority in that regard, have a right to enter any land at all reasonable hours for the purpose of—

(a)surveying that or any other land in connection with the exercise of the functions of the roads authority under this Act;

(b)laying and leaving on the land apparatus for the purpose of the survey or removing such apparatus;

(c)searching or boring to ascertain for the purpose of the survey—

(i)the nature of the subsoil or the presence of minerals; or

(ii)the nature of any mining operations or other activity taking place beneath the surface of the land which may affect the stability of a public road;

(d)inspecting anything which any person is under a duty to maintain under this Act;

(e)ascertaining whether any work required to be done by or under this Act by any person in relation to any land has been done;

(f)inspecting any work to which a consent or authorisation granted by the authority under this Act relates;

(g)carrying out anything which is required, by a notice served by the authority under this Act, to be done by any person in relation to any land and which the person has failed to do in accordance with the notice; or

(h)taking any other action, or executing any work, authorised or required by, under or by virtue of this Act to be taken or executed by the roads authority.

(2) Without prejudice to subsection (8) below, and subject to any provision of this Act which allows an authority to act in an emergency, entry to land shall not be demanded as of right under or by virtue of this Act unless at least 7 days notice of the intended entry has been given to the occupier.

(3) Without prejudice to any other provision of this Act which requires notice of proposed works to be given, works shall not be carried out on any land in pursuance of subsection (1)(b) or (c) above by a person unless at least 7 days notice of the intention to do so has been given by that person—

(a)to the owner and occupier of the land; and

(b)in the case referred to in subsection (1)(c) above, to the [F1British Coal Corporation], and any other proprietor of underground mineral workings, where the [F1Corporation’s] or other proprietor’s interests are liable to be affected by the searching or boring.

(4)Statutory undertakers or the [F2British Coal Corporation] may object to the roads authority about the carrying out of works proposed to be carried out under subsection (1)(b), (c) or (h) above on the grounds that the carrying out thereof would be seriously detrimental to the carrying on of their undertaking; and in that event the works shall not be carried out except with the authority of the Secretary of State after consultation with the Minister responsible for the undertaking.

(5)A person contravening subsection (3) or (4) above commits an offence.

(6)A roads authority shall be entitled to recover the expenses reasonably incurred by them in doing anything in relation to any land under—

(a)subsection (1)(e) above from the person who has been required to do the work;

(b)subsection (1)(f) above, from the person to whom the consent or authorisation has been granted,

but may remit any sum, or any part of that sum, due to them under this subsection as they think fit.

(7) Where such expense as is mentioned in subsection (6) above is recoverable under that subsection from more than one person, the roads authority may apportion such expense among them.

(8) If it is shown to the satisfaction of the sheriff, or of a magistrate or justice of the peace having jurisdiction in the place where the land is situated, on evidence on oath—

(a)that admission to land which any person is entitled to enter by virtue of this section has been refused to that person, or that refusal is apprehended, or that the land is unoccupied, or the occupier is temporarily absent, or that the case is one of urgency, and

(b)that there are reasonable grounds for entry to the land for any purpose for which the right of entry is exercisable,

the sheriff, magistrate or justice may by warrant authorise the person to enter the land.

(9)A person who wilfully obstructs a person upon whom a right of entry has been conferred by any of the provisions of this section or by a warrant issued thereunder commits an offence.

(10)Where, in the exercise of a power of entry conferred by this section, damage has been caused to land or to corporeal moveables, any person having an interest in the land or moveables may recover compensation in respect of that damage from the roads authority by whom or on whose behalf the power was exercised; and where in consequence of the exercise of such power a person is disturbed in his enjoyment of land or corporeal moveables, he may recover from the roads authority compensation in respect of the disturbance.

141 Power of roads authority to execute works etc. on default of person required to do so.S

(1)Where by notice under this Act a roads authority require works or excavations to be executed within a specified period then, subject to subsection (3) below, if those works or excavations are not timeously executed they may themselves execute them:

Provided that this section does not apply as regards any particular such requirement for which this Act makes express provision analogous to the foregoing provisions of this subsection.

(2) Subsections (6) and (7) of section 140 of this Act shall apply in relation to works or excavations executed by a roads authority under subsection (1) above and to the person who had been required to execute the works or excavations as those subsections apply to entry and inspection under subsection (1)(f) of that section and to the person who has been granted the consent or authorisation.

(3)The roads authority may in writing grant an extension of the period specified in any such notice as is mentioned in subsection (1) above.

(4)In the application to the foregoing provisions of this section of the definition of “works” in section 151(1) of this Act the expression shall also include such—

(a)removal and reinstatement as is mentioned in section 51(3) or 87(1);

(b)steps as are mentioned in section 57(1), 67 or 93(2);

(c)replacement, repair or putting into good condition as is mentioned in section 66(2);

(d)alteration as is mentioned in section 83(1);

(e)work as is mentioned in section 91(1) or (2); and

(f)removal as is mentioned in section 92(2),

of this Act.

Modifications etc. (not altering text)

C1S. 141: power to contract out functions of Secretary of State (16.3.1996) by S.I. 1996/878, art. 2, Sch. para. 5(aj)

142 Power to require occupier to permit work to be executed by owner.S

If, on an application made by the owner of any land, it appears to the sheriff that the occupier of that land is preventing the owner from executing work which the owner is by this Act required to execute, the sheriff may order the occupier to permit the execution of the work.

Regulations, orders and schemesS

143 Regulations, orders and schemes.S

(1)Where a power to make regulations or orders, or to make or confirm schemes, is exercisable by the Secretary of State by virtue of this Act, the exercise of that power shall be by statutory instrument under this subsection, and may—

(a)make different provision in relation to different cases or classes of case;

(b)exclude certain cases or classes of case.

(2)A statutory instrument—

(a)made under subsection (1) above and containing—

(i)regulations other than such regulations as are mentioned in paragraph (b)(i) below; or

(ii)an order under section 154 of this Act,

shall be subject to annulment in pursuance of a resolution of either House of Parliament;

and

(b)containing—

(i)regulations under section 17 of this Act; or

(ii)an order under section 8 or 153 of this Act,

shall not be made under subsection (1) above unless a draft of the instrument has been laid before Parliament and has been approved by resolution of each House of Parliament.

144 Regulations for procedure in schemes and orders for special roads and trunk roads.S

(1)Subject to section 143 of, and Schedules 1 and 2 to, this Act, the Secretary of State may make regulations prescribing the procedure to be followed in connection with the making and confirmation of schemes under section 7 and orders under sections 5, 9 and 12 of this Act.

(2)Without prejudice to the generality of subsection (1) above, regulations under this section may provide for securing that the centre-line of—

(a)a special road authorised by a scheme under section 7 of this Act,

(b)a road directed by order to become a trunk road under section 5 of this Act, or

(c)a road affected by an order under section 9 or 12 of this Act,

shall be indicated on a map on such scale as may be prescribed by the regulations.

(3)The centre-line of any road referred to in subsection (2) above as constructed may deviate from the centre-line as indicated on the map referred to in that subsection within such limits of deviation, not exceeding 50 metres, as may be specified in the scheme or order.

145 Revocation and variation of certain schemes and orders.S

(1)A scheme or order made by a roads authority under this Act or confirmed by the Secretary of State under section 5, 7, 9, 12 or 75(3) of this Act may, subject to subsection (5) below and to subsection (7)(i) of the said section 5, be revoked or varied by a subsequent scheme or order so made or confirmed; and subject to the provisions of this section any such revoking or varying scheme or order may make such consequential provision as appears to the Secretary of State to be expedient.

(2)Where a scheme under section 7 of this Act is revoked by a subsequent scheme, any part of the special road authorised by the scheme, being a part constructed before the date on which the revoking scheme comes into operation, and any road appropriated by or transferred to the special road authority before that date, shall cease on that date to be a special road within the meaning of this Act, but shall, where the special road is a trunk road, continue to be a trunk road.

(3)Where a scheme under section 7 of this Act is varied by a subsequent scheme, subsection (2) above shall apply in relation to any part of the special road which ceases to form part of the route of that road in consequence of the variation.

(4)Subject to the foregoing provisions of this section, the revocation or variation of a scheme under section 7 or 75(3) of this Act shall not affect the validity of anything done in pursuance of the scheme before the date on which the revoking or varying scheme comes into force, or the validity of any order under section 9 of this Act before that date in connection with the special road to be provided under the scheme.

(5)Where—

(a)a scheme under section 7 or 73(3) of this Act; or

(b)an order under section 9 or 12 of this Act in relation to—

(i)a special road; or

(ii)a main road (within the meaning of the said section 12),

which has not been opened for the purposes of through traffic,

is revoked at any time before the special road, main road, bridge or tunnel is opened for the purposes of through traffic, Schedules 1 and 2 to this Act shall have no effect as regards the revocation but, within 28 days of the revocation, notice of it shall be published by the Secretary of State in the Edinburgh Gazette and in such other manner as he thinks best adapted for informing persons affected.

Crown applicationS

146 Application of Act to Crown land.S

(1)Subject to the following provisions of this section, nothing in this Act shall apply in relation to any land belonging to Her Majesty in right of the Crown or otherwise, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department.

(2)The appropriate Crown authority in relation to any land and a roads authority may agree that any provisions of this Act specified in the agreement shall apply to that land and, while the agreement is in force, those provisions shall apply to the land accordingly, subject however to the terms of the agreement.

(3)An agreement under subsection (2) above may contain such consequential and incidental provisions, including provisions of a financial character, as appear to the appropriate Crown authority to be necessary or equitable, but the approval of the Treasury shall be required in so far as those provisions are of a financial character in an agreement which relates to land referred to in subsection (4)(b) below.

(4)In the foregoing provisions of this section “the appropriate Crown authority” means—

(a)in relation to land belonging to Her Majesty in right of the Crown or otherwise, the Crown Estates Commissioners or such other government department or other person as has the management of the land in question; and

(b)in relation to land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that department;

and if any question arises as to what authority is the appropriate Crown authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.

Financial provisionsS

147 Recovery of costs of certain orders.S

Where a person requests a roads authority to make an order under section 68(1) of this Act the authority may require him, as a condition of their compliance with the request, to make such provision as they consider reasonable as regards any costs to be incurred by them in so complying.

148 Exemption from stamp duty.S

Where the Secretary of State certifies that stamp duty which, but for this section, would be payable on an instrument made by, to or with him in relation to a road which is, or is to become, a trunk road would be payable as an expense by him under this Act, that stamp duty shall not be payable.

149 Interest on expenses.S

Where under any provision of this Act a roads authority are entitled to recover expenses, they shall also be entitled to interest thereon at the rate for the time being prescribed under section 40 of the M3Land Compensation (Scotland) Act 1963 from the date on which a demand for the expenses is served until payment; but they may remit any sum or part of any sum due to them as interest if they think fit.

Marginal Citations

150 Expenses.S

There shall be paid out of money provided by Parliament—

(a)any administrative expenses incurred by the Secretary of State under this Act;

(b)any sums required for the payment of grants or advances under, and any other expenses of the Secretary of State under, this Act; and

(c)any increase attributable to this Act in the sums so payable under any other Act.

InterpretationS

151 Interpretation.S

(1)In this Act, unless the context otherwise requires—

(a)of the road; and

(b)of land abutting on, or adjacent to, the road;

(a)repair; and

(b)watering to allay dust but, without prejudice to subsection (1) of section 25 of the M5Local Government and Planning (Scotland) Act 1982 (restriction of powers of local authorities as regards street cleansing), not such cleansing as an islands or district council are required by subsections (1) and (3) of that section to undertake;

(a)in relation to land means, subject to paragraph (b) below, the person for the time being entitled to receive, or who would, if the same were let, be entitled to receive, the rents of the land, and includes a trustee, factor, tutor or curator, and in the case of public or municipal property applies to the persons to whom the management thereof is entrusted; and

(b)in relation to special roads (whether existing or proposed) includes any person who under the Lands Clauses Acts would be entitled to sell and convey the land to promoters of an undertaking and also includes a lessee under a lease the unexpired portion of which exceeds three years;

(a)a new road in course of construction, or proposed to be constructed, by or on behalf of a roads authority; or

(b)an existing road which is a prospective public road within the meaning of the M9Public Utilities Street Works Act 1950;

(a)in relation to a road or proposed road other than any such as is mentioned in paragraph (b) of this definition, the regional or islands council within whose area the road is (such council being in this Act referred to as a “local roads authority”); and

(b)in relation to a trunk road (whether existing or in course of construction) or, without prejudice to section 4 of this Act, to a special road provided by him under section 7(5) (or to be provided by him under section 7(5)(a) or (b)) or to any other road constructed (or to be constructed) by him under section 19(1) of this Act, the Secretary of State; and references to “they” in relation to a roads authority shall be taken to relate also to the Secretary of State;

(a)making an alteration to it;

(b)breaking up or opening it;

(c)constructing or laying anything under it;

(d)building anything into it; and

(e)carrying out any other operations of a like nature;

and cognate expressions shall be construed accordingly.

(2)For the purpose of this Act, where over a road the public right of passage referred to in the definition of “road” in subsection (1) above—

(a)is by foot only, the road is—

(i)where it is associated with a carriageway, a “footway”; and

(ii)where it is not so associated, a “footpath”;

(b)is by pedal cycle only, or by pedal cycle and foot only, the road is a “cycle track”;

(c)includes such a right by vehicle, other than a right by pedal cycle only, the road is a “carriageway”.

(3)This Act does not confer any power or impose any duty as regards a road or proposed road which—

(a)being a footpath only, is a public path created under section 30 of the M16Countryside (Scotland) Act 1967 (power of planning authority to create public paths by agreement);

(b)being a footpath only, forms part of a long-distance route the proposals for which have been approved by the Secretary of State under section 40(1) of that Act (approval of proposals relating to a long-distance route); or

(c)forms part of land owned or managed by an islands or district council and used by them for the provision of facilities for recreational, sporting, cultural or social activities in the discharge of their duties under section 14 of the M17Local Government and Planning (Scotland) Act 1982.

(4)Any reference in this Act to apparatus belonging to statutory undertakers shall, in relation to the operator of a telecommunications code system, have effect as a reference to telecommunication apparatus kept installed for the purposes of that system.

152 Further provision as to interpretation and certain ancillary powers.S

(1)A power conferred on a roads authority by, under or by virtue of this Act to provide, erect, construct, lay or plant includes a power to alter, remove, re-lay, or, as the case may be, re-plant; and in relation to the power conferred by section 25 of this Act also includes the power temporarily to close:

Provided that the foregoing provisions of this subsection shall not apply where the context otherwise requires or where or in so far as such application would result in overlap with, or would admit avoidance of, express provisions of this Act.

(2)The power conferred on a roads authority by section 1(1)

or 2(1)

of this Act to determine the means of exercise of a public right of passage includes the power to redetermine by order under this subsection such means of exercise.

(3)Subsections (1) and (2) of section 71 of this Act shall apply in relation to an order under subsection (2) above as they apply to an order under section 68 or 69 of this Act.

(4)A local roads authority shall have power to carry out any works necessary for giving effect to an order by them under subsection (2) above; and in so far as the carrying out of any such works, or any change in the use of land resulting from any such order, constitutes development within the meaning of the M18Town and Country Planning (Scotland) Act 1972, permission for that development shall be deemed granted under Part III of that Act.

Modifications etc. (not altering text)

C2S. 152(4) restricted (30.10.1994) by S.I. 1994/2716, reg. 70

Marginal Citations

SupplementaryS

153 Consequential provision.S

The Secretary of State may by order make such incidental, consequential, transitional or supplementary provision as appears to him to be necessary or proper—

(a)for the general or any particular purposes of this Act or in consequence of any of the provisions of, or for giving full effect to, this Act; or

(b)in consequence of such of the provisions of any other Act passed in the same session as this Act as apply to any area or authority affected by this Act;

and nothing in any other provision of this Act shall be construed as prejudicing the generally of this subsection.

154 Local enactments.S

(1)Subject to subsection (2) below, where any local enactment provides for any matter which is also provided for by any provision of this Act or of any statutory instrument made thereunder, the provision of this Act, or, as the case may be, of that statutory instrument, shall have effect in substitution for the local enactment, which shall cease to have effect.

(2)The Secretary of State may by order except from the operation of subsection (1) above such local enactments as may be specified in the order and direct that the corresponding provisions of this Act or of any statutory instrument made thereunder as may to so specified shall not have effect in the areas in which the specified local enactments have effect.

(3)If it appears to the Secretary of State that any local enactment, not being an enactment which has ceased to have effect by virtue of subsection (1) above, is inconsistent with any provision of this Act or of any statutory instrument made thereunder, or is no longer required, or requires to be amended, having regard to any provision of this Act or of any statutory instrument made thereunder, he may by order repeal or amend the local enactment as he may consider appropriate.

155 General adaptation of subordinate legislation etc.S

Marginal Citations

156 Amendments, transitional provisions and repeals.S

(1)The enactments specified in Schedule 9 to this Act shall have effect subject to the amendments there specified (being minor amendments or amendments consequential on the foregoing provisions of this Act).

(2)The transitional provisions and savings contained in Schedule 10 to this Act shall have effect.

(3) Subject to the provisions of the said Schedule 10, the enactments specified in Schedule 11 to this Act (which include enactments already obsolete or unnecessary) are hereby repealed to the extent specified in the third column of that Schedule.

157 Short title, commencement and extent.S

(1)This Act may be cited as the Roads (Scotland) Act 1984.

(2)Subject to subsection (3) below, this Act, except this section, shall come into force on 1st January 1985 (in this Act referred to as “the commencement of this Act”).

(3)The following provisions of this Act shall come into force on such day as the Secretary of State may by order appoint, and different purposes and for different areas—

(4)This Act applies to Scotland only.

Modifications etc. (not altering text)

C3Power of appointment conferred by s. 157(3) fully exercised: S.I. 1985/1953, 1989/1094, 1990/2622

Marginal Citations