Local Government etc. (Scotland) Act 1994

The Roads (Scotland) Act 1984 (c.54) S

135 (1) The Roads (Scotland) Act 1984 shall be amended in accordance with this paragraph. S

(2) In section 9(1)(e) (supplementary orders relating to special roads)—

(a) for “regional council”, in both places where it occurs, substitute “ local authority ”; and

(b) after “that”, where it secondly occurs, insert “ special road ”.

(3) In section 55(3) (arrangements for provision of meals etc. on picnic sites), for “regional, islands or district council” substitute “ local authority ”.

(4) In section 93(3)(a) (protection of road users from dangers near a road), for the words from “ratepayer” to “islands” substitute “ person, being a ratepayer or person liable to pay council tax within their ”.

(5) In section 95(2) (recovery of expenses by road authority where contravention of section), the words “or by the district council” shall cease to have effect.

(6) In section 97(6) (trading: meanings of certain expressions)—

(a) in the definition of “relevant public market”, in paragraph (b), for “regional, islands, or district council” substitute “ local authority ”; and

(b) in the proviso to that definition, for “council”, in both places where it occurs, substitute “ local authority ”.

(7) In section 113(1)(c) (transfer of property and liabilities in connection with special roads etc.), for “regional council” substitute “ local authority ”.

F1 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) In section 143(2)(a)(ii) (procedure for orders), after “section 8” insert “ 113A ”.

(10) In section 151 (interpretation)—

(a) in subsection (1)—

(i) in the definition of “local authority”, for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”;

(ii) in the definition of “maintenance”, in paragraph (b), for “an islands or district council” substitute “ a local authority ”;

(iii) in the definition of “roads authority”—

(A) for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; and

(B) for “council”, where it secondly occurs, substitute “ local authority ”;

F2 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in subsection (3)(c), for “an islands or district council” substitute “ a local authority ”.

(11) In Schedule 1 (procedures for making or confirming certain orders and schemes)—

(a) in paragraph 3, in the Table—

(i) in entry (i), in column 2, for the words from “The council” to “in which” substitute “ Every local authority in whose area ”;

(ii) in entry (iii), in column 2, for the words from “The council” to “district” substitute “ Every local authority ”;

(iii) in entry (v), in column 2, for the words from “The council” to “which” substitute “ Every local authority in whose area ”; and

(iv) in entry (vii), in column 2, for the words from “The council” to “which” substitute “ Every local authority in whose area ”; and

(b) in paragraph 10(a), for the words from “the council” to “district” substitute “ every local authority ”.

Textual Amendments

F1 Sch. 13 para. 135(8) repealed (1.4.2002) by 2002 asp 3, s. 71, Sch. 7 para. 23(g)(x) (with s. 67); S.S.I. 2002/118, art. 2(3)

F2 SCh. 13 para. 135(10)(a)(iv)(v) repealed (1.4.2002) by 2002 asp 3, s. 71, Sch. 7 para. 23(g)(x) (with s. 67); S.S.I. 2002/118, art. 2(3)