Part II New Roads in Scotland

Supplementary provisions

47 The Roads (Scotland) Act 1984 and the interpretation of Part II.

(1)

In this Part—

“extension toll order” means a toll order made under section 30(1) authorising the charging of tolls for a new toll period;

“roads authority”, “local roads authority” and “special road authority” have the same meaning as in the M1Roads (Scotland) Act 1984;

“special road” has the same meaning as in that Act;

“special road scheme” means a scheme under section 7 of that Act authorising the provision of a special road;

“toll order” means an order under section 27 authorising the charging of tolls;

“toll period” has the meaning given in section 29(1).

(2)

The following provisions of the Roads (Scotland) Act 1984 apply for the purposes of this Part as if it were a part of that Act—

  • sections 136 to 138 (provisions as to notices), and

  • section 139 (inquiries).

(3)

Where an assignation is granted jointly under section 28(1) by two or more local roads authorities references in this Part to the roads authority shall be construed—

(a)

as references to each of those authorities in relation to times, circumstances and purposes before the special road scheme becomes operative, and

(b)

in relation to times, circumstances and purposes after the special road scheme becomes operative, as references to the authority which in accordance with the scheme is the special road authority.

(4)

Nothing in this Part shall be construed as restricting the powers of a roads authority with respect to a road subject to a toll order in respect of which an assignation has been granted under section 28(1)—

(a)

as to the matters which may be provided for in the assignation or as to the making of agreements of any other description for any purpose connected with the special road, or

(b)

as to the acquisition, by agreement or compulsorily, of any land which in the opinion of the authority is required, in connection with the road, for any purpose for which the authority may acquire land under Part IX of the M2Roads (Scotland) Act 1984.