Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958
| Jurisdiction | UK Non-devolved |
Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act, 1958
(6 & 7 Eliz. 2) CHAPTER 50
An Act to make provision as to the erection and maintenance of omnibus shelters and queue barriers by local authorities in Scotland; and for purposes connected therewith.
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Provision of omnibus shelters, etc.
(1) Subject to the provisions of this Act a local authority may provide and maintain in any highway within their district which is comprised in the route of public service vehicles or on any land abutting on such a highway, at stopping places on the route, shelters for the use of persons intending to travel on such vehicles and barriers or posts for controlling the movement of such persons.
(2) Any local authority, or any person authorised to run public service vehicles, may enter into and carry into effect any agreement with a local authority with respect to the provision and maintenance of shelters or barriers or posts under this section by the last-mentioned authority; and any such agreement may in particular provide for the payment by the first-mentioned authority or person of the whole or any part of the cost of the provision and maintenance of the shelters or barriers or posts.
2 Consents to exercise of powers under s. 1.
(1) A local authority shall not have power by virtue of section one of this Act to provide a shelter or barriers or posts in any such situation or position as is described in the first column of the following Table, except with the consent of the person named in the second column of that Table:—
Table
In any highway for which there is a highway authority other than the local authority, or on land abutting on any such highway. |
The highway authority. |
In any highway belonging to and repairable by any railway, dock, harbour, canal, inland navigation or passenger road transport undertakers and forming the approach to any station, dock, wharf or depot of those undertakers. |
The undertakers. |
In any highway provided and maintained for the purposes of civil aviation under section 16(1) of the Civil Aviation Act, 1949 . |
The Minister. |
On any bridge not vested in the local authority or on the approaches to any such bridge. |
The authority or other person in whom the bridge is vested. |
On any bridge carrying a highway over any railway, canal or inland navigation, or on the approaches to any such bridge, or under any bridge carrying a railway, canal or inland navigation over a highway. |
The railway, canal or inland navigation undertakers concerned. |
In a position obstructing or interfering with any existing access to any land or premises abutting on a highway. |
The owner (as defined by the Local Government (Scotland) Act, 1947 ) of the land or premises. |
(2) Any consent required by this section in respect of a shelter or barriers or posts shall not unreasonably be withheld but may be given subject to any reasonable conditions, including a condition that the local authority shall remove the shelter or barriers or posts either at any time or at or after the expiration of a period if reasonably required so to do by the person giving the consent.
(3) Any dispute as to whether a consent required by this section is unreasonably withheld or is given subject to reasonable conditions, or as to whether the removal of any shelter or barriers or posts in accordance with any condition of the consent is reasonably required shall be determined by arbitration.
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