SCHEDULES

SCHEDULE 9Minor and Consequential Amendments

The Railways Clauses Consolidation (Scotland) Act 1845 (c.33)

3

1

The Railways Clauses Consolidation (Scotland) Act 1845 shall be amended in accordance with this paragraph.

2

In section 3 (interpretation), at the end shall be inserted the words—

The expressions " carriageway ", " cycle track ", " footpath ", " footway ", " road ", " private road " and " public road " have the meaning given them by section 151 of the Roads (Scotland) Act 1984.

3

In section 11 (limiting deviation from datum line described on sections, etc.)—

a

for the word " street", where it first occurs, there shall be substituted the word " road " ;

b

for the words " street or public highway ", in both places where they occur, there shall be substituted the word " road " ;

c

for the words " trustees or commissioners ", in the first two places where they occur, there shall be substituted the words " roads authority " ; and

d

the word " streets " shall cease to have effect.

4

In section 12 (previous notice of deviation), for the word " street " there shall be substituted the word " road " .

5

In section 16 (general provisions as regards work, repairs and damages etc.)—

a

the word " streets," where it first occurs, shall cease to have effect; and

b

for the words " roads, streets or ways", in both places where they occur, there shall be substituted the words " or roads " .

6

In section 39 (crossing of road by railway)—

a

for the words " any turnpike road or public highway " there shall be substituted the words " the carriageway of any public road " ; and

b

in the proviso—

i

for the word " highway " there shall be substituted the word " road " ; and

ii

for the words " a public carriage " there shall be substituted the words " the carriageway of any public " .

7

In section 40 (provision where road crossed on the level), for the words " any turnpike road or public carriage " there shall be substituted the words " the carriageway of any public " .

8

In section 41 (crossing of turnpike road adjoining railway station), for the word " turnpike " there shall be substituted the word " public " .

9

In section 42 (construction of bridges over roads)—

a

for the words from " thirty-five feet " to " twelve feet" where they first occur there shall be substituted the words " 7.62 metres if the arch is over a public road and 3.66 metres " ;

b

for the words from " sixteen" where it first occurs to " cases ", there shall be substituted the words " 4.57 metres for a space of 3.05 metres if the arch is over a public road ; and " ; and

c

for the words from " twelve " where it occurs for the third time to " private carriage " where they first occur there shall be substituted the words—

3.66 metres:

The clear height of the arch for a space of 2.74 metres shall not be less than 4.27 metres over a private

d

for the words from " foot", where it first occurs, to the end there shall be substituted the words " metre in 20 metres if the bridge is over a public road and one metre in 16 metres if over a private road. " .

10

In section 43 (construction of bridges over railways)—

a

for the words " four feet" and " three feet" there shall be substituted, respectively, the words " 1.22 metres " and " 0.91 metres " ; and

b

for the words from " thirty-five " to the end there shall be substituted the words—

7.62 metres if the road is a public road and 3.66 metres if a private road:

The ascent shall not be more than one metre in 20 metres if the road is a public road and one metre in 16 metres if a private road.

11

In section 44 (further provision as regards construction of bridges)—

a

for the words " turnpike road or public carriage" there shall be substituted the words " a road which includes a carriageway " ; and

b

for the words " trustees or surveyors of" there shall be substituted the words " roads authority for " .

12

In section 47 (penalty for not providing a substitute road for road rendered impassable or dangerous by railway works) for the words " trustees, commissioners, surveyor, or other person having the management of " there shall be substituted the words " roads authority for " .

13

In section 49 (period for restoration of roads interfered with)—

a

for the words from " trustee " to " consent" there shall be substituted the words " roads authority for the public road to be restored consent, or as the case may be the owner of the private road to be restored consents, in writing, " ;

b

for the word " turnpike ", where it first occurs, there shall be substituted the word " public " ; and

c

for the words " not a turnpike " there shall be substituted the words " a private " .

14

In section 50 (penalty for failure to restore a road), for the words " trustees, commissioners, surveyor, or other person having the management of" there shall be substituted the words " roads authority for " .

15

In section 51 (damage to road in course of making railway)—

a

for the words " surveyor or other person having the management of" there shall be substituted the words " roads authority for " ; and

b

in the proviso, for the word " turnpike" there shall be substituted the word " public " .

16

In section 52 (sufficient approaches and fences to bridleways and footways crossing a railway on the level)—

a

for the word " highway ", in both places where it occurs, there shall be substituted the word " road " ;

b

for the words " a public carriageway " there shall be substituted the words " the carriageway of a public road " ;

c

for the words " highway be a " there shall be substituted the words " road be a cycle track or " ; and

d

after the word " footway " there shall be inserted the words " or footpath " .

17

In section 53 (proceedings as regards consent to level crossings of bridleways and footways)—

a

for the words " highway other than a public carriage " there shall be substituted the words " road other than the carriageway of a public " ;

b

for the words " such highway at the proper crossing thereof is situate " there shall be substituted the words " the proposed crossing would be situated " ; and

c

for the words " such highway ", where they occur for the second time, there shall be substituted the words " the road " .

18

In section 54 (orders as respects approaches etc. to level crossing)-

a

for the word " highway " there shall be substituted the word " road " ; and

b

for the words " surveyor of roads " there shall be substituted the words " roads authority " .

19

In section 55 (screening between railway and road)—

a

for the words " commissioners or trustees of any turnpike road, or the surveyor of any highway " there shall be substituted the words " roads authority for any road " ; and

b

for the words " such commissioners or trustees or surveyor " there shall be substituted the words " that authority " .

20

In section 56 (penalty for failing to construct requisite screening), for the words " commissioners or trustees or surveyor " there shall be substituted the words " roads authority " .

21

In section 57 (power to order repair of bridges etc.), for the words " surveyor of roads " there shall be substituted the words " roads authority " .