Roads (Scotland) Act 1984

133 Restriction on laying of apparatus etc. in special roads

(1) Subject to the provisions of this section, the powers conferred on statutory undertakers by or under any enactment to lay down or erect apparatus under, in, over, along or across land shall not be exercisable in relation to land comprised in the route of a special road except with the consent of the special road authority.

(2) The consent of the special road authority shall not be required under this section for the laying down or erection by statutory undertakers of apparatus by way of renewal of apparatus for the time being belonging to or used by them for the purpose of their undertaking.

(3) The consent of a special road authority under this section may be given subject to conditions, but those conditions shall not include a condition requiring any payment to be made by the undertakers to the special road authority in respect of the exercise of powers consented to.

(4) Where apparatus, in respect of which the consent of a special road authority is required under this section, is to be laid down or erected along a line crossing the route of the special road but not running along that route, the authority—

(a) shall not withhold their consent unless there are special reasons for doing so ; and

(b) may, if they give their consent subject to conditions, make contributions to the statutory undertakers in respect of any expenses incurred by the undertakers in complying with those conditions.

(5) Any dispute between a special road authority and statutory undertakers in respect of—

(a) the withholding of the consent of the authority in respect of apparatus to be laid down or erected as mentioned in subsection (4) above ;

(b) the imposition of any condition on the grant of such consent; or

(c) the making of any contributions under paragraph (b) of the said subsection (4),

shall be determined by a single arbiter appointed, in default of agreement, by the sheriff on the application of either party.

(6) Where the consent of a special road authority is required under this section in respect of apparatus to be laid down or erected otherwise than as mentioned in subsection (4) above and the authority are a local roads authority, then—

(a) if the apparatus is to be laid under the carriageway of the special road, the authority shall not give their consent except with the approval of the Secretary of State;

(b) if the consent of the authority is refused (otherwise than in consequence of the withholding of the approval required by paragraph (a) above) or is granted subject to conditions (other than conditions approved under that paragraph) the statutory undertakers may appeal to the Secretary of State, and the Secretary of State may make such order in relation to the matter as he thinks fit.

(7) The provisions of this section shall have effect in addition to and not in substitution for the provisions of any other enactment restricting or regulating the powers of any statutory undertakers to break open streets or enter upon land for the purpose of laying down or erecting apparatus.