Roads (Scotland) Act 1984

41 For section 32 of the Mineral Workings Act 1951 there shall be substituted the following section—

“32 Temporary stopping up of roads for purposes of mineral working.

(1) An order made by the Secretary of State under section 198, or by a planning authority under section 198A or 199, of the Town and Country Planning (Scotland) Act 1972 (roads etc. affected by development: various orders) for the stopping up or diversion of a public road may, where he is, or as the case may be they are, satisfied—

(a) that the order is required for the purpose of enabling minerals to be worked by surface working ; and

(b) that the road can be restored, after the minerals have been worked, to a condition not substantially less convenient to the public,

provide for the stopping up or diversion of the road during such period as may be prescribed by or under the order, and for the road's restoration at the expiration of that period.

(2) Without prejudice to the provisions of the said section 198, 198A or 199 with respect to orders made thereunder, any such order as is authorised by subsection (1) of this section may contain such provisions as appear to the Secretary of State, or as the case may be the planning authority, to be expedient—

(a) for imposing upon persons who, apart from the order, would be subject to any liability with respect to the repair of the original road during the period prescribed by or under the order a corresponding liability in respect of any road provided in pursuance of the order ;

(b) for the stopping up at the expiration of the said period of any road provided as aforesaid and for the reconstruction and maintenance of the original road;

and any provision included in the order in accordance with subsection (3) of the said section 198, or subsection (2) of the said section 199, requiring payment to be made in respect of any cost or expenditure under the order may provide for the payment of a capital sum in respect of the estimated amount of that cost or expenditure.

(3) In relation to any road which is stopped up or diverted by virtue of an order under the said section 198 or 198A, section 219 of the Town and Country Planning (Scotland) Act 1972 shall have effect

(a) as if for references to land which has been acquired as aforesaid and to the purchasing authority there were substituted respectively references to land over which the road subsisted and to the person entitled to possession of that land ; and

(b) as if the references in subsection (4) to a planning authority or statutory undertaker included references to any person (other than the Secretary of State) who is entitled to possession as aforesaid;

and sections 222 to 225 of the said Act of 1972 shall have effect accordingly.”.