SCHEDULES

SCHEDULE 9Minor and Consequential Amendments

The New Towns (Scotland) Act 1968 (c. 16)

61

1

The New Towns (Scotland) Act 1968 shall be amended in accordance with this paragraph.

2

In section 6 (planning control in new towns)—

a

in subsection (4), for the words " local highway authority or the Secretary of State " there shall be substituted the words " roads authority " ; and

b

in subsection (5)—

i

after the word " into " there shall be inserted the words " be registered in the Land Register of Scotland or, as the case may " ;

ii

after the word " so " there shall be inserted the words " registered or " ; and

iii

for the words "local highway authority or the Secretary of State, as the case may be," there shall be substituted the words " roads authority " .

3

In section 8 (acquisition of land for roads in connection with new towns), in each of subsections (1) and (6), for the word " highway " there shall be substituted the word " roads " .

4

In section 9 (recording of compulsory purchase orders), after the word " shall" there shall be inserted the words " register it in the Land Register of Scotland or as the case may be " .

5

In section 10(1)(a), (special procedure for acquisition of statutory undertakers' operational land), for the word "highway", in both places where it occurs, there shall be substituted the word " roads " .

6

In section 19 (power to override servitudes and other rights, in each of subsections (1), (3), (4) and (6), for the word " highway " there shall be substituted the word " roads " .

7

In section 20(1) (use and development of churches and burial grounds)—

a

for the words " local highway authority, or which has been acquired under this Act by the Secretary of State" there shall be substituted the words " roads authority " ; and

b

in paragraph (a), for the words " such a corporation or" there shall be substituted the words " a development corporation or local roads " .

8

In section 21(1) (use and development of open spaces)—

a

for the words " local highway authority, or which has been acquired under this Act by the Secretary of State" there shall be substituted the words " roads authority " ; and

b

in paragraph (a), for the words "such a corporation or" there shall be substituted the words " a development corporation or local roads " .

9

In section 22 (displacement of persons from land acquired)—

a

in subsection (3), for the word " highway" there shall be substituted the word " roads " ; and

b

in subsection (4), for the words " local highway, or has been acquired under this Act by the Secretary of State" there shall be substituted the words " roads authority " .

10

In section 23 (extinguishment of public rights of way over land acquired)—

a

in subsection (1)(a), for the word "highway" there shall be substituted the word " roads " ;

b

in subsection (2), for sub-paragraph (ii) and the words from " In this subsection " to the end, there shall be substituted the following sub-paragraph—

ii

on the local roads authority, unless they applied for the order to be made.

c

in subsection (5), for the word " highway " there shall be substituted the word " road " .

11

In section 24(1) (provision as to telegraphic lines), for the word " highway " there shall be substituted the word " roads " .

12

In section 26 (extinguishment of rights of way, and rights as to apparatus of statutory undertakers), in each of subsections (1)(a) and (5), for the word " highway " there shall be substituted the word " roads " .

13

In section 32(2)(a) (construction and maintenance of works or equipment required in connection with trolley vehicles services by development corporation), for the word "highways" there shall be substituted the word " roads " .

14

In section 42(1) (powers of entry), for the word " highway " there shall be substituted the word " roads " .

15

In section 47(1) (interpretation)—

a

in the definition of " acquiring authority", for the word " highway " there shall be substituted the word " roads " ;

b

for the definition of " local highway authority " there shall be substituted the following definition—

  • " local roads authority " has the same meaning as in the Roads (Scotland) Act 1984 ;

c

in the definition of " planning permission", for the words "the Town and Country Planning (Scotland) Act 1947" there shall be substituted the words " Part III of the Town and Country Planning (Scotland) Act 1972 " ; and

d

after the definitions of " regional planning authority" and "district planning authority" there shall be inserted the following definition—

  • " roads authority " has the same meaning as in the Roads (Scotland) Act 1984 ;

16

In Schedule 3 (procedure for authorising compulsory acquisitions)—

a

in paragraph 1(1), for the word " highway " there shall be substituted the word " roads " ;

b

in paragraph 7(2)(b), for the words from " section 1 " to the end there shall be substituted the words "section 5 or 15 of the Roads (Scotland) Act 1984, or of either of the following enactments no longer in force—

i

section 1 of the Trunk Roads Act 1946 (additional trunk roads and reorganisation of trunk road system);

ii

section 14(1) of the Special Roads Act 1949 (amendments of law relating to trunk roads)." ;

c

in paragraph 8(6), for the word " highway " there shall be substituted the word " roads " ; and

d

in paragraph 13(1)(b), for the word "highway" there shall be substituted the word " road " .

17

In Schedule 4(1) (procedure for authorising compulsory acquisition of statutory undertakers' operational land), for the word " highway " there shall be substituted the word " roads " .