of the road; and

of land abutting on, or adjacent to, the road;

• “local authority” means a regional or islands council;

• C3 “local roads authority” has the meaning given by paragraph (a) of the definition of “roads authority” in this subsection;

• “maintenance” includes—

repair; and

watering to allay dust but, without prejudice to subsection (1) of section 25 of the M2Local Government and Planning (Scotland) Act 1982 (restriction of powers of local authorities as regards street cleansing), not such cleansing as an islands or district council are required by subsections (1) and (3) of that section to undertake;

• “navigation authority” means persons authorised by any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock;

• “notice” means notice in writing;

• “obstruction” includes obstruction of view;

• “occupier” means the person in occupation or having the charge, management or control of land, either on his own account or as the agent of another person;

• “open space” has the same meaning as in the M3Acquisition of Land (Authorisition Procedure) (Scotland) Act 1947;

• “operator”, in relation to a telecommunications code system, has the same meaning as in paragraph 1 of Schedule 4 to the M4Telecommunications Act 1984;

• “owner”—

in relation to land means, subject to paragraph (b) below, the person for the time being entitled to receive, or who would, if the same were let, be entitled to receive, the rents of the land, and includes a trustee, factor, tutor or curator, and in the case of public or municipal property applies to the persons to whom the management thereof is entrusted; and

in relation to special roads (whether existing or proposed) includes any person who under the Lands Clauses Acts would be entitled to sell and convey the land to promoters of an undertaking and also includes a lessee under a lease the unexpired portion of which exceeds three years;

• “pedal cycle” means a cycle whose motive power is provided solely by the legs of its rider or riders or which complies with the requirements specified in Regulation 4 of the M5Electrically Assisted Pedal Cycles Regulations 1983;

• “private road” means any road other than a public road;

• “proposed road” means (without prejudice to the definition in this subsection of “proposed public road”) a new road in course of construction, or proposed to be constructed, by or on behalf of any person;

• “proposed public road” means either—

a new road in course of construction, or proposed to be constructed, by or on behalf of a roads authority; or

an existing road which is a prospective public road within the meaning of the Public Utilities Street Works Act 1950;

• “public road” means a road which a roads authority have a duty to maintain;

• “railway undertakers” means persons authorised by any enactment to carry on a railway undertaking;

• “road” means, subject to subsection (3) below, any way (other than a waterway) over which there is a public right of passage (by whatever means F3and whether subject to a toll or not) and includes the road’s verge, and any bridge (whether permanent or temporary) over which, or tunnel through which, the road passes; and any reference to a road includes a part thereof;

• C3 “roads authority” means—

in relation to a road or proposed road other than any such as is mentioned in paragraph (b) of this definition, the regional or islands council within whose area the road is (such council being in this Act referred to as a “local roads authority”); and

in relation to a trunk road (whether existing or in course of construction) or, without prejudice to section 4 of this Act, to a special road provided by him under section 7(5) (or to be provided by him under section 7(5)(a) or (b)) or to any other road constructed (or to be constructed) by him under section 19(1) of this Act, the Secretary of State; and references to “they” in relation to a roads authority shall be taken to relate also to the Secretary of State;

• “special road authority” has the meaning given by section 7(4) of this Act;

• “special road” means a road provided or to be provided in accordance with a scheme under section 7 of this Act;

• “statutory undertakers” has the same meaning as in section 275 of the M6Town and Country Planning (Scotland) Act 1972 except that it includes

  1. a

     F4the Post Office

  2. b

     F5except in sections 133 and 140(4) of this Act, the operator of any telecommunications code system F6and

  3. c

     except in section 140(4) of this Act, the operator of any driver information system;

• “swing bridge” includes any opening bridge operated by mechanical means;

• “telecommunication apparatus”, “the telecommunications code” and “telecommunications code system” have the same meanings as in paragraph 1 of Schedule 4 to the M7Telecommunications Act 1984;

• “tidal waters” has the same meaning as in section 35(1) of the M8Rivers (Prevention of Pollution) (Scotland) Act 1951;

• “traffic” includes pedestrians and animals;

• “traffic sign” has the same meaning as in section 64(1) of the M9Road Traffic Regulation Act 1984;

• C1 “trunk road” means a road which is a trunk road by virtue of section 5 of this Act or of an order or direction under that section or section 198(2) of the M10Town and Country Planning (Scotland) Act 1972;

• “use”, in relation to a road, includes crossing;

• “vehicle” means a vehicle of any description and includes a machine or implement of any kind drawn or propelled along roads (whether or not by mechanical power);

• “water authority” shall be construed in accordance with section 3 of the M11Water (Scotland) Act 1980; and

• “works”, as regards any road, includes—

making an alteration to it;

breaking up or opening it;

constructing or laying anything under it;

building anything into it; and

carrying out any other operations of a like nature;

is by pedal cycle only, or by pedal cycle and foot only, the road is a “cycle track”;

includes such a right by vehicle, other than a right by pedal cycle only, the road is a “carriageway”.

being a footpath only, is a public path created under section 30 of the M12Countryside (Scotland) Act 1967 (power of planning authority to create public paths by agreement);

being a footpath only, forms part of a long-distance route the proposals for which have been approved by the Secretary of State under section 40(1) of that Act (approval of proposals relating to a long-distance route); or

forms part of land owned or managed by an islands or district council and used by them for the provision of facilities for recreational, sporting, cultural or social activities in the discharge of their duties under section 14 of the M13Local Government and Planning (Scotland) Act 1982.