Modifications etc. (not altering text)
C1Pt. 4 (ss. 107-165) modified (1.1.1993) by Pipelines Act 1962 (c. 58), s. 16(1) (as substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22), s. 168(1), Sch. 8 Pt. IV para. 101(3); S.I. 1992/2990, art. 2(2), Sch.2)
C2Pt. 4 modified (15.1.2007) by Glasgow Airport Rail Link Act 2007 (asp 1), s. 7 (with s. 50)
C3Pt. 4 modified (19.4.2007) by Edinburgh Airport Rail Link Act 2007 (asp 16), s. 12 (with ss. 52, 60)
C4Pt. 4 modified (8.5.2007) by Airdrie Bathgate Railway and Linked Improvements Act 2007 (asp 19), s. 13 (with ss. 48, 59)
C5Pt. 4 excluded (1.6.2010) by The Network Rail (Waverley Steps) Order 2010 (S.S.I. 2010/188), arts. 1, 38(6)
(1)In this Part—
“apparatus” includes any structure for the lodging therein of apparatus or for gaining access to apparatus;
“carriageway” and “footway” have the same meaning as in the M1Roads (Scotland) Act 1984;
“enactment” includes an enactment contained in subordinate legislation within the meaning of the M2Interpretation Act 1978.
“in”, in a context referring to works, apparatus or other property in a road or other place includes a reference to works, apparatus or other property under, over, across, along or upon it;
[F1“public sewer” has the same meaning as in the Sewerage (Scotland) Act 1968;]
“railway” includes a light railway other than one in the nature of a tramway (see the definition of “tramway” below);
“reinstatement” includes making good;
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“special enactment” means an enactment which is not a public general enactment, and includes—
any Act for confirming a provisional order,
any provision of a public general Act in relation to the passing of which any of the Standing Orders of the House of Lords or the House of Commons relating to Private Business applied, and
any enactment to the extent that it is incorporated or applied for the purposes of a special enactment;
“statutory right” means a right (whether expressed as a right, a power or otherwise) conferred by an enactment (whenever passed or made), other than a right exercisable by virtue of a permission granted under section 109;
“traffic” includes pedestrians and animals;
“traffic authority” and “traffic sign” have the same meaning as in the M3Road Traffic Regulation Act 1984;
“tramway” means a system, mainly or exclusively for the carriage of passengers, using vehicles guided, or powered by energy transmitted, by rails or other fixed apparatus installed exclusively or mainly in a road.
(2)A right to execute works which extends both to a road and to other land is included in references in this Part to a right to execute works in a road in so far as it extends to the road.
(3)A right to execute works which extends to part of the road but not the whole is included in references in this Part to a right to execute works in a road; and in relation to such a right references in this Part to the road in which it is exercisable shall be construed as references to the part to which the right extends.
(4)For the purposes of this Part apparatus shall be regarded as affected by works if the effect of the works is to prevent or restrict access to the apparatus (for example, by laying other apparatus above or adjacent to it).
(5)Section 28 of the M4Chronically Sick and Disabled Persons Act 1970 (power to define “disability” and other expressions) applies in relation to the provisions of this Part as to the provisions of that Act.
Textual Amendments
F1Words in s. 164(1) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 21(7)(a) (with s. 67); S.S.I. 2002/118, art. 2
F2Words in s. 164(1) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 21(7)(b) (with s. 67); S.S.I. 2002/118, art. 2
Marginal Citations