Roads (Scotland) Act 1984

55(1)The Pipe-lines Act 1962 shall be amended in accordance with this paragraph.

(2)In section 15 (power to place pipe-lines in streets)—

(a)in subsections (1) to (9), for the word “street”, wherever it occurs, there shall be substituted the word “road”;

(b)in subsection (4), in each of the paragraphs (c) to (d), for the word “highway” there shall be substituted the words “road over which there is a public right of passage”;

(c)in subsection (7), for the words from “shall be determined” to the end there shall be substituted the words “shall be referred to the arbitration of a single arbiter appointed by agreement between the parties concerned or, in default of agreement, by the sheriff; and in any such arbitration the arbiter may, and, if so directed by the Court of Session, shall, state a case for the decision of that court on any question of law arising in the arbitration.”; and

(d)for subsections (10) and (11) there shall be substituted the following subsection—

“(10)In this section, except where the context otherwise requires—

(a)where the road is a public road, the roads authority;

(b)where the road is a prospective public road, the roads authority and the road managers;

(c)where the road is neither a public road nor a prospective public road, the road managers;

  • “carriageway” has the same meaning as in the Roads (Scotland) Act 1984;

  • “prospective road” shall be construed in accordance with section 1(4)(b) of the Public Utilities Street Works Act 1950;

(a)a special road;

(b)a trunk road; or

(c)such other road as is for the time being classified by the Secretary of State under section 11(1) of the said Act of 1984 as a protected road for the purposes of this Act;

  • “public road” has the same meaning as in the said Act of 1984;

  • “road” and “road managers” have the same meanings as in the said Act of 1950; and

  • “roads authority”, “special road” and “trunk road” have the same meanings as in the said Act of 1984.”.

(3)In section 16 (modification of street works code in application to pipe-line works)—

(a)in subsection (1)—

(i)for the word “street”, where it occurs for the first and fourth times, there shall in each case by substituted the word “roads”;

(ii)for the words “street which is a maintainable highway or is prospectively a maintainable highway” there shall be substituted the words “road which is a public road or prospective public road”;

(iii)for the word “street”, where it occurs for the third time, there shall be substituted the word “road”; and

(iv)for the word “arbitrator” there shall be substituted the word “arbiter”; and

(b)in subsection (2)(b), for the word “arbitrator” there shall be substituted the word “arbiter”.

(4)In section 66(1) (interpretation), in the definition of “in”, for the word “street” there shall be substituted the word “road”.