Edinburgh Airport Rail Link Act 2007
Edinburgh Airport Rail Link Act 2007
2007 asp 16
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 14th March 2007 and received Royal Assent on 19th April 2007
An Act of the Scottish Parliament to authorise the construction of new railways to link Edinburgh Airport to the national rail network; to make provision concerning planning agreements and developer contributions relating to the railway; and for connected purposes.
Part 1
Works, etc.
Works
1 Power to construct works
The authorised undertaker may construct the authorised works, namely—
(a) the scheduled works referred to in section 2 ("the scheduled works");
(b) the ancillary works referred to in section 3 ("the ancillary works"); and
(c) any work authorised by section 11, 15 or 16.
2 The scheduled works
(1) The scheduled works are the works situated within the lateral limits of deviation shown on the Parliamentary plans, at the levels shown on the Parliamentary sections and specifically described in schedule 1 to this Act.
(2) The extent of the scheduled works for which authority is given by section 1 is subject to section 4 (which permits deviation within limits from the lines and levels shown on the Parliamentary plans and sections).
3 The ancillary works
(1) The ancillary works are such works of the nature described in schedule 2 to this Act as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction of the scheduled works.
(2) Subject to subsection (3), section 1 only authorises the carrying out or maintenance of ancillary works—
(a) within the limits of deviation; and
(b) on land specified in columns (1), (2) and (3) of schedule 5 for the purpose specified in relation to that land in column (4) of that schedule (being land shown on the Parliamentary plans as lying within the limits of land to be acquired or used).
(3) The authorised undertaker may construct and maintain ancillary works identified in paragraphs 10 and 11 of schedule 2 to this Act anywhere within the Act limits.
4 Permitted deviation within limits
(1) Subject to subsection (2), in constructing or maintaining the scheduled works the authorised undertaker may—
(a) deviate laterally from the lines or situations shown on the Parliamentary plans within the limits of deviation for that work shown on those plans; and
(b) deviate vertically from the levels shown on the Parliamentary sections—
(i) in the case of Works Nos. 1 and 1A, upwards by a maximum of 7 metres;
(ii) in the case of any part of Work No. 2, 3A, 3B, 4, 4A, 5 or 6 which, at the date on which this Act comes into force, is on operational land of Edinburgh Airport, upwards by a maximum of 1 metre;
(iii) in the case of any part of Work No. 2, 3A, 3B or 5 which, at the date on which this Act comes into force, is on safeguarded airport land, upwards by a maximum of 1 metre or, with the agreement of EAL (which agreement shall not be unreasonably withheld), by a maximum of 3 metres from such levels;
(iv) in any other case, upwards by a maximum of 3 metres; and
(v) to any extent downwards.
(2) Subsections (1)(b)(ii), (iii) and (iv) do not apply to the ventilation shafts forming part of Works Nos. 2, 3A, 3B and 4.
(3) In this section "safeguarded airport land" means any land within the limits of deviation, the limits of land to be acquired or used or the limits of safeguarding which is within the land to the north of Edinburgh Airport (as existing at the date on which this Act comes into force) which is shown indicatively on the map of Edinburgh Airport included in paragraph 5.12 of the White Paper l. quo;The Future of Air Transport” (December 2003, Cmd. 6046) and forms part of the land so shown within the possible new airport boundary.
5 Work No. 4: station and southern tunnel portal
(1) The design, construction and location within the parameters described in schedule 1 to this Act of—
(a) the station; and
(b) the southern portal of the tunnel,
forming part of Work No. 4 shall be subject to agreement between the authorised undertaker and EAL.
(2) Any dispute as to whether EAL or the authorised undertaker ought reasonably to accept any term proposed by the other of them for inclusion in an agreement under subsection (1) shall, unless the parties otherwise agree, be determined by arbitration; and in determining any dispute the arbiter shall have regard to the respective needs of EAL and the authorised undertaker for the future safe, effective and efficient operation of their respective undertakings.
(3) Subject to section 36, and unless otherwise agreed with EAL, the authorised undertaker shall not take possession of any land for the purpose of constructing any work to which subsection (1) relates or commence any part of such a work until agreement is reached or a determination is made in accordance with the requirements of this section.
6 Access to works
(1) The authorised undertaker may, for or in connection with the authorised works, form and lay out means of access, or improve existing means of access, to or from any public road—
(a) at the points shown on the Parliamentary plans; or
(b) in such location or locations within the Act limits as may be approved by the roads authority.
(2) Approval of the roads authority under subsection (1)(b) shall not be unreasonably withheld or delayed and any question whether an approval has been unreasonably withheld or delayed shall, unless the parties otherwise agree, be determined by arbitration.
7 Construction and maintenance of new or altered roads
(1) Each of Works Nos. 2C, 2J, 2K, 4H, 4J, 4M, 4P, 5B, 5C, 5E to 5H, 5J, 5K, 5P and 5R and so much of Work No. 4T as is situated in plots nos. 421b, 422a and 413b shall, unless otherwise agreed, be completed to the reasonable satisfaction of the roads authority.
(2) Following such completion the work shall, unless otherwise agreed between the authorised undertaker and the roads authority, be maintained by and at the expense of the authorised undertaker for a period of 12 months from its completion.
(3) Subject to subsection (7), at the expiry of the period during which the authorised undertaker is liable to maintain any work under subsection (2), the work and its associated land shall by virtue of this section vest in the roads authority.
(4) The authorised undertaker shall give the roads authority notice in writing with a certificate that any authorised work to which subsection (3) applies is complete.
(5) The roads authority may, within 21 days after such service, give the authorised undertaker a counter-notice in writing that the notice is disputed on the ground that the road is not complete.
(6) Any dispute as to the completion of a road shall be determined by arbitration, and the determination of the arbiter (or other person to whom the dispute is referred) shall be final and binding.
(7) Any road or associated land which is the subject of a notice under subsection (4) shall vest—
(a) 28 days after the service of the notice;
(b) on the date of a determination under subsection (6) that the road is complete;
(c) on the date on which the authorised undertaker complies with any conditions for completion that are specified in the determination; or
(d) on the expiry of the period specified in subsection (3),
whichever is the latest.
(8) A certificate issued by or on behalf of the authorised undertaker as to the date on which the authorised undertaker complied with any conditions of the sort referred to in subsection (7)(c) together, if so requested by the roads authority, with a report from a consultant to be agreed between the authorised undertaker and the roads authority confirming such compliance, shall for the purposes of this section be conclusive evidence of such compliance.
(9) Nothing in this section shall prejudice the operation of section 146 of the 1991 Act (which enables the local roads authority to declare that a road shall become a public road); and the authorised undertaker shall not by reason of any duty under this section to maintain a road be taken to be the roads authority in relation to that road for the purposes of Part IV of that Act.
(10) Nothing in this section shall have effect in relation to road works as respects which the provisions of Part IV of the 1991 Act apply.
8 Vesting of private roads and private accesses
(1) Unless otherwise agreed between the authorised undertaker and the intended owner, each of—
(a) the private roads comprising Works Nos. 1B, 2D and 4L; and
(b) the private accesses comprising Works Nos. 2E, 5A, 6A, 6B and 6D, so much of Work No. 4T as is situated in plot no. 422b and so much of Castle Gogar Drive as is situated in plots nos. 705 and 711b,
shall, following its completion as certified or determined under this section, be maintained by and at the expense of the authorised undertaker for a period of 12 months from such completion.
(2) Subject to subsection (7), at the expiry of the period during which the authorised undertaker is liable under subsection (1) to maintain any private road or private access, the road or access and its associated land shall, if they are vested in the authorised undertaker, by virtue of this section vest in the intended owner.
(3) Any vesting effected by subsection (2) shall be subject to such rights specified by the authorised undertaker as may be requisite to reflect public or private rights in any road or access for which the private road or private access is a substitute.
(4) The authorised undertaker shall give every intended owner notice in writing specifying—
(a) the private road...
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