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.; and

(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 " .