Roads (Scotland) Act 1984

75 Bridges over and tunnels under navigable waters. S

(1) Provision may be made by an order under section 5 of this Act or under this subsection for the construction of a bridge over or a tunnel under any specified navigable waters as part of a trunk road.

(2) Provision may be made by a scheme under section 7 of this Act for the construction, as part of a special road, of a bridge over or a tunnel under any specified navigable waters.

(3) Provision may be made by a scheme under this subsection—

(a) made by a local roads authority and confirmed by the Secretary of State, or

(b) where the Secretary of State is the roads authority, made by him.

for the construction, as part of a public road (other than a special road) of a bridge over or a tunnel under any specified navigable waters.

(4) Parts I and III of Schedule 1 to this Act shall have effect as to the making of an order under subsection (1) above, Parts II and III of that Schedule shall have effect as to the making of a scheme under subsection (3) above and Schedule 2 to this Act shall have effect as to the validity and date of operation of any such order or scheme.

(5) A scheme under subsection (3)(a) above may be submitted to the Secretary of State jointly by any two or more local roads authorities, and any such scheme may determine which of those authorities shall be the roads authority for the bridge or tunnel or any part of it, and may provide—

(a) for the performance by that authority, in relation to the bridge or tunnel or that part of it, of any of the roads functions of any other authority who are party to the application, and

(b) for the making of contributions by that other authority to the roads authority in respect of expenditure incurred in the performance of those functions.

(6) The reference in—

(a) subsection (1) above to a trunk road;

(b) subsection (2) above to a special road; or

(c) subsection (3) above to a public road,

shall be construed as including a reference to a proposed trunk, special or public road as the case may be.

(7) References in this section, in relation to any order or scheme, to “specified navigable waters” are references to such navigable waters (whether the sea, a river or other waters) as may be specified in the order or scheme.

(8) References in section 76 of this Act to an order or scheme which provides for the construction of a bridge over or a tunnel under navigable waters are references to any order or scheme made under or, as the case may be, by virtue of subsection (1), (2) or (3) above.

(9) Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunications apparatus) shall, subject to subsection (10) below, apply, for the purposes of any works authorised by a scheme made under subsection (3) above, to the roads authority.

(10) Where the roads authority is the Secretary of State, subparagraph (8) of paragraph 23 of the telecommunications code (offence) shall be omitted for the purposes of the application of that paragraph to him by subsection (9) above.