Roads (Scotland) Act 1970
| Jurisdiction | UK Non-devolved |
| Citation | 1970 c. 20 |
| Year | 1970 |
Roads (Scotland) Act 1970
1970 CHAPTER 20
An Act to make certain amendments to the law relating to roads and streets in Scotland, and to provide for the use of appliances or vehicles on footways and footpaths for certain purposes.
[15th May 1970]
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:—
Special roads and trunk roads
1 Procedure in schemes and orders for special roads and trunk roads.
(1) Subject to the provisions of this and the next following section, Schedule 1 to the Act of 1949 and Schedule 2 to the Act of 1946, the Secretary of State may make regulations pre scribing the procedure to be followed in connection with the making and confirmation of schemes under section 1 and orders under section 3 of the Act of 1949 and the making of orders under section 1 of the Act of 1946 and section 14 of the Act of 1949.
(2) Regulations made under this section may provide for securing that the centre-line of—
(a ) a special road authorised by a scheme under section 1 of the Act of 1949, or
(b ) a road directed by order to become a trunk road under section 1(2) of the Act of 1946, or
(c ) a road affected by an order under section 3 or 14 of the Act of 1949,
shall be indicated on a map on such scale as may be prescribed by the regulations.
(3) The centre-line of any road referred to in the last foregoing subsection as constructed may deviate from the centre-line as indicated on the map referred to in that subsection within such limits of deviation, not exceeding 50 metres, as may be specified in the scheme or order.
(4) The notice which is published in connection with the making or confirmation of a scheme under section 1 or an order under section 3 of the Act of 1949 or the making of an order under section 1 of the Act of 1946 or section 14 of the Act of 1949, shall specify that the period during which the draft scheme or the scheme as submitted to the Secretary of State, or, as the case may be, the draft order or the order as so submitted and any relevant map or plan may be inspected, is a period specified in the notice, being not less than 6 weeks from the date of the publication of the notice.
(5) The period within which an objection to the making or confirmation of such a scheme or order as is referred to in the last foregoing subsection must be received by the Secretary of State is hereby altered from 3 months from the date of the publication of the said notice to the period specified in pursuance of that subsection, and any such objection shall state the grounds of objection.
(6) Any person who in making such an objection submits that any road to which the proposed scheme or order relates should follow an alternative route shall, on being so required by the Secretary of State and within such period as the Secretary of State having regard to all the circumstances may deem appropriate, give sufficient details of the alternative route to enable it to be identified.
(7) The power conferred on the Secretary of State—
(a ) to make or confirm a scheme under paragraph 6 of Schedule 1 to the Act of 1949,
(b ) to make or confirm an order under that paragraph as applied by paragraph 10 of that Schedule, or
(c ) to make an order under paragraph 5 of Schedule 2 to the Act of 1946,
shall include power to make or confirm the scheme, or, as the case may be, the order, so far as relating to part of the proposals contained in the draft scheme or order (either without modifications or subject to such modifications as he thinks fit) while deferring consideration of the remaining part.
2 Concurrent proceedings for special and trunk road schemes and orders and supplementary orders.
(1) Proceedings required to be taken for the purposes of—
(a ) an order under section 3 of the Act of 1949 relating to a special road, or
(b ) an order under section 14 of that Act relating to a trunk road,
may be taken concurrently with proceedings required to be taken for the purposes of a scheme under section 1 of the Act of 1949 or, as the case may be, an order under section 1 of the Act of 1946 relating to that road.
(2) Proceedings required by Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 to be taken in respect of the compulsory acquisition of any land for purposes connected with a special road or a trunk road may be taken concurrently with proceedings required to be taken for the purposes of a scheme or order under the Act of 1949 relating to the special road, or, as the case may be, an order under the Act of 1946 or the Act of 1949 relating to the trunk road.
(3) An order under section 3 or 14 of the Act of 1949, or an order for the compulsory acquisition of any land for purposes connected with a special road or trunk road, may be made to come into operation on the same day as a scheme under the Act of 1949 authorising the provision of a special road or, as the case may be, an order under section 1(2) of the Act of 1946 directing that a road shall become a trunk road; and accordingly in subsection (1) of the said section 3 the words from the beginning to ‘operation’ are hereby repealed.
3 Relief of trunk roads from local traffic.
3. The power conferred on the Secretary of State by section 1 of the Act of 1946 to direct that an existing road shall become a trunk road shall include power to direct that an existing road which he considers suitable for the purpose of relieving a trunk road from local traffic shall become part of the trunk road, whether or not there is intervening land between those roads.
In this subsection references to an existing road include references to a road proposed to be constructed.
Improvement of roads
4 Power of local authority to contribute to street works.
(1) A local authority may, if they think fit, at any time contribute the whole or a portion of the expenses incurred by a person in connection with the execution after the passing of this Act of any such street works as are referred to in any of the following enactments, that is to say—
(a ) sections 133 to 135 of the Burgh Police (Scotland) Act 1892 (making up of private streets and the footways thereof),
(b ) sections 141 and 142 of the said Act of 1892 (construction and making up of footways of streets),
(c ) sections 150 and 151 of the said Act of 1892 (construction of new streets),
(d ) section 39 of the Public Health (Scotland) Act 1897 (making up of private streets and footways in special scavenging districts),
(e ) section 16 of the Burgh Police (Scotland) Act 1903 (construction of footways of private streets),
or in any provision in any local enactment having the like effect as any of the aforesaid enactments.
(2) The Local Government (Street Works) (Scotland) Act 1956 is hereby repealed.
5 Provision of fences etc. to safeguard persons using highway.
(1) The highway authority may, for the purpose of safeguarding persons using a highway, provide and maintain such raised paving, pillars, walls, rails or fences as they think necessary at any of the following places—
(a ) between a footway and the carriageway of the highway, or
(b ) where a footpath gives direct access to the highway, on the footpath at or near the point of access, or
(c ) along the sides of bridges, embankments or other dangerous parts of the highway.
(2) The power conferred by the foregoing subsection to provide any works shall include power to alter or remove them.
(3) The highway authority shall pay compensation to any person who has sustained damage by reason of the execution by them of works under subsection (1) of this section.
6 Alteration of levels of highways.
(1) The highway authority may raise or lower or otherwise alter, as they think fit, the level of a highway.
(2) The highway authority shall pay compensation to any person who has sustained damage by reason of the execution by them of works under this section.
7 Power to divert waters when constructing or improving highway.
(1) The highway authority may divert or carry out any other works on inland waters (whether natural or artificial) or tidal waters where, in the opinion of the highway authority, the carrying out of such works is necessary for the construction, improvement or protection of a highway.
(2) The highway authority shall pay compensation to any person who has sustained damage by reason of the execution by them of works under this section.
(3) Before carrying out any works under this section, the highway authority shall consult the local authority in whose area the land is situated and any other body acting under statutory powers which, in the opinion of the highway authority, may be affected by the works.
(4) Before carrying out any works under this section, the highway authority shall serve notice of their intention on the owner and the occupier of the land concerned together with a description of the proposed works and of the right to object thereto within 28 days after the service of the notice.
(5) Where the highway authority is a local highway authority and within the said period of 28 days the owner or the occupier objects to the proposed works, and that objection is not withdrawn, the local highway authority shall not proceed to execute the works without consent...
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