Roads (Scotland) Act 1984
Roads (Scotland) Act 1984 (1984 c. 54)
- Roads (Scotland) Act 1984 (1984 c. 54)
- Part I Public Roads
- General powers and duties of roads authorities
- 1 Powers and duties of local roads authorities.
- 2 Powers and duties of Secretary of State as roads authority: management and maintenance.
- 3 Power of Secretary of State to make advances to local roads authorities etc.
- 4 Agreements between authorities.
- Trunk roads
- 5 Trunk roads.
- 6 Local and private Act functions with respect to trunk roads.
- Special roads
- 7 General provision as to special roads.
- 8 Further provision as regards classification of traffic for purposes of special roads.
- 9 Supplementary orders relating to special roads.
- 10 Certain special roads to be trunk roads.
- Classification of roads
- 11 Classification of roads.
- Supplementary
- 12 Powers as respects roads that cross or join public roads other than special roads.
- Transitory provisions
- 12A Transitional power of Secretary of State as respects existing roads.
- 12B Transitional power of Secretary of State as respects proposed roads.
- 12C Transitional power of Secretary of State as respects special road schemes.
- 12D Application of section 112 to orders under sections 12A, 12B, 12C and 12E.
- 12E Further power of Secretary of State as respects proposed roads and special road schemes.
- 12F Further provisions as to orders.
- Part II Private Roads
- 13 Making up and maintenance of private roads.
- 14 Power to contribute to, or carry out, work on private roads.
- 15 Emergency work in relation to private roads.
- 16 Application for private road to become public road.
- 17 Security for private road works relating to housing.
- 18 Power of local roads authority to take over footpaths associated with development.
- Part III New Roads
- 19 Construction of new roads by Secretary of State as roads authority.
- 20 Construction of new roads other than special roads by local roads authority; and entry of such new roads and of special roads in list of public roads.
- 20A Environmental assessment of certain road construction projects
- 20B Projects with significant transboundary effects
- 20C. Environmental Impact Assessment Report
- 20D. Co-ordination of assessments
- 20E. Competent authority – avoidance of conflict of interest
- 20F. Projects with significant transboundary effects
- 20G. Monitoring measures
- 21 Requirement of consent for new roads built other than by roads authority.
- 22 Offences in relation to construction of new roads.
- Offences by bodies corporate etc.
- 23 Power to stop up or temporarily close new road where construction consent absent or not conformed with.
- Part IV Improvements and Maintenance
- Levels
- 24 Alteration of levels of public roads.
- Safety
- 25 Provision of footways.
- 26 Pedestrian subways and footbridges.
- 27 Dual carriageways, roundabouts and refuges.
- 28 Fences etc. to safeguard persons using public roads.
- 29 Further provision as to fences.
- Natural dangers
- 30 Works for protecting roads against hazards of nature.
- 31 Drainage of roads.
- 32 Contributions to drainage works and flood prevention operations.
- 33 Snow gates.
- 34 Clearance of snow and ice.
- Lighting
- 35 Provision of lighting by roads authorities.
- Road humps
- 36 Construction of road humps by roads authority.
- 37 Consultation and local inquiries as regards road humps.
- 38 Regulations concerning construction and maintenance of road humps.
- 39 Status of road humps.
- Other traffic calming works
- 39A Powers to carry out traffic calming works.
- 39B Prescribing of works.
- 39BA Prescribing of works for anti-terrorism purposes
- 39C Status of works authorised by section 39A.
- Interpretation: Road humps and other traffic calming works
- 40 Interpretation of sections 36 to [39C].
- Cattle-grids
- 41 Provision of cattle-grids and by-passes.
- 42 Removal of cattle-grids and discontinuance of by-passes.
- 43 Maintenance of cattle-grids and by-passes.
- 44 Exercise of powers in respect of cattle-grids etc. by agreement between neighbouring authorities.
- 45 Supersession of gates by cattle-grids.
- 46 Agreements for use of land for cattle-grids or by-passes.
- 47 Contributions towards expenditure of roads authorities in connection with cattle-grids.
- Miscellaneous improvements
- 48 Contributions towards expenditure on constructing or improving roads.
- 49 Provision of bus shelters, etc. by local roads authorities.
- Equipment for detection of traffic offences
- 49A Power to install equipment for detection of traffic offences etc .
- 50 Planting of trees, shrubs and grass or other plants by roads authority.
- 51 Planting of trees, shrubs and grass or other plants by person other than roads authority.
- 52 Power to execute works to mitigate adverse effect of constructing or improving etc. road.
- 53 Agreements as to use of land near roads.
- 54 Power to instal refuse or storage bins in roads.
- 55 Provision of picnic sites for trunk roads etc.
- 55A Environmental assessment of certain road improvement projects
- 55B Application of section 20B
- 55C. Offences
- 55D. Offences by bodies corporate etc.
- Part V Roads and Building Control
- Works and excavations
- 56 Control of works and excavations.
- 57 Dangerous works.
- 58 Occupation of parts of road for deposit of building materials etc.
- 59 Control of obstructions in roads.
- 60 Fencing and lighting of obstructions and excavations.
- 60A Safety measures: codes of practice
- 61 Granting of permission to place and maintain etc. apparatus under a road.
- 61A Charge for occupation of road.
- 61B Requirement for qualified supervisors and operatives
- Control of traffic
- 62 Temporary prohibition or restriction of traffic etc. on roads for reasons of public safety or convenience.
- Footpaths, footways and verges
- 63 New access over verges and footways.
- 64 Use of appliances etc. on footways, footpaths and cycle tracks.
- Horse traffic etc.
- 65 Regulation of drivers of horsedrawn carts etc.
- Miscellaneous
- 66 Maintenance of vaults and cellars etc.
- 67 Power to direct that doors etc. should not open outward into road.
- Part VI Access and Stopping Up
- 68 Power of roads authorities to stop up roads by order.
- 69 Stopping up of dangerous access from public road to land.
- 70 Stopping up of access to land from certain roads being constructed.
- 71 Provisions supplementary to sections 68 to 70.
- 72 Stopping up private access to land by agreement.
- 73 Expenses incurred under section 69 or by virtue of section 70 or 72.
- 74 Temporary provision of substitute road.
- Part VII Bridges, Tunnels and Diversion of Water
- 75 Bridges over and tunnels under navigable waters.
- 76 Provisions supplementary to section 75.
- 77 Discontinuation of operation of certain swing bridges.
- 78 Power to divert waters when constructing or improving public road etc.
- 79 Powers of roads authorities and bridge owners to enter into agreements.
- 80 Transfer to Secretary of State of privately maintainable bridges carrying trunk roads.
- 81 Transfer to special road authority of privately maintainable bridges carrying special roads.
- 81A Roads authority for boundary bridges.
- 82 Protection of bridges and railways.
- Part VIII Interference and Damage
- Obstruction of view
- 83 Prevention of obstruction of view at corners, bends and junctions.
- 84 Determination of questions arising out of section 83.
- General obstruction
- 85 Control of builders’ skips on road.
- 86 Removal of builders’ skips causing danger or obstruction.
- 87 Power to remove structures from roads.
- 88 Removal of projections which impede or endanger road users.
- 89 Removal of accidental obstructions from roads.
- 90 Restriction on placing bridges, beams, rails etc. over roads.
- 91 Prevention of danger to road from nearby vegetation and fences etc. or from retaining walls being inadequate.
- 92 Restriction on planting of trees etc. near carriageway.
- Roadside dangers
- 93 Protection of road users from dangers near a road.
- 94 Power to fill in roadside ditches etc.
- Vehicles
- 95 Deposit of mud from vehicles on roads.
- 96 Extraordinary expenses in repairing roads damaged by heavy vehicles etc.
- Miscellaneous
- 97 Trading.
- 98 Control of stray and other animals on roads.
- 99 Prevention of flow of water etc. onto roads.
- Offences
- 100 Damage to roads etc.
- 101 Placing rope, wire or other apparatus in road without adequate warning.
- 102 Ploughing of unenclosed land.
- Part IX Acquisition, Transfer, Vesting and Compensation
- Acquisition
- 103 General provision as to acquisition of land.
- 104 Acquisition of land for construction, improvement or protection of public roads etc.
- 105 Further provision as regards acquisition of land for construction, improvement etc. of public roads.
- 106 Acquisition of land for mitigating adverse effects of construction of road.
- 107 Acquisition of land in connection with cattle-grids.
- 108 Acquisition of land for provision of picnic site.
- 109 Distance limits for purposes of compulsory acquisition.
- 110 General provisions as to acquisition of land.
- 111 Concurrent proceedings for special and trunk roads schemes and orders.
- Vesting and transfer
- 112 Transfer of property and liabilities upon road becoming or ceasing to be a trunk road.
- 113 Transfer of property and liabilities in connection with special roads etc.
- 113A Dissolution of certain bodies in consequence of order under section 9.
- 114 Transfers of officers and property in connection with lighting and bus shelters, etc.
- 115 Vesting of solum of stopped up road.
- Compensation
- 116 Right to compensation for damage from works.
- 117 Determination of disputes as to compensation.
- 118 Compensation where interest in land subject to heritable security.
- 119 Compensation for land acquired as service area for special road.
- Part X Miscellaneous
- 120 Duty to have regard to needs of disabled and blind in executing works etc.
- 120A Delegation by the Scottish Police Authority
- 121 Power to obtain road-making materials.
- 122 Saving for Coast Protection Act 1949.
- 123 Saving for obligation to obtain planning permission.
- 124 Power to conduct experiments as regards roads construction etc.
- 125 Extension of section 34 of Road Traffic Regulation Act 1984.
- 126 Restricted roads: amendment of Road Traffic Regulation Act 1984.
- 127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 128 Saving for, and extension of section 80 of, Health and Safety at Work etc. Act 1974.
- Part XI Offences
- 129 Miscellaneous summary offences.
- 130 Offences by bodies corporate.
- 130A Fixed penalties for certain offences
- 131 Penalties and mode of trial.
- Part XII Statutory Undertakers
- 132 Saving for operators of electronic communications code networks .
- 133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 134 Extinguishment of rights of statutory undertakers to apparatus etc. in connection with schemes under section 7 and orders under section 9.
- 135 Restriction of powers of local authority in whom sewer is vested.
- Part XIII General
- Notices
- 136 Contents of notices.
- 137 Service of notices.
- 138 Time for enforcing certain notices.
- Inquiries
- 139 Holding of inquiries.
- Powers of entry etc.
- 140 Powers of entry.
- 141 Power of roads authority to execute works etc. on default of person required to do so.
- 142 Power to require occupier to permit work to be executed by owner.
- Regulations, orders and schemes
- 143 Regulations, orders and schemes.
- 143A “Developments of national significance” etc.: special procedure
- 144 Regulations for procedure in schemes and orders for special roads and trunk roads.
- 145 Revocation and variation of certain schemes and orders.
- Crown application
- 146 Application of Act to Crown land.
- Financial provisions
- 147 Recovery of costs of certain orders.
- 148 Exemption from stamp duty.
- 149 Interest on expenses.
- 150 Expenses.
- Interpretation
- 151 Interpretation.
- 152 Further provision as to interpretation and certain ancillary powers.
- Supplementary
- 153 Consequential provision.
- 154 Local enactments.
- 155 General adaptation of subordinate legislation etc.
- 156 Amendments, transitional provisions and repeals.
- 157 Short title, commencement and extent.
- SCHEDULES
- SCHEDULE 1 Procedures for Making or Confirming Certain Orders and Schemes
- Part I Orders
- Part II Schemes Under Sections 7 and 75(3)
- Part IIA Toll Orders Under Section 27 of the New Roads and Street Works Act 1991
- Part III General
- Part IV Application of Statutory Orders (Special Procedure)Act1945
- SCHEDULE 1A INFORMATION FOR INCLUSION IN ENVIRONMENTAL IMPACT ASSESSMENT REPORTS
- SCHEDULE 2 Validity and Date of Operation of Certain Orders and Schemes
- SCHEDULE 3 Classes of Traffic for Purposes of Special Roads
- SCHEDULE 4 Procedure for Determination by Roads Authority of Certain Questions in Connection with Cattle-Grids
- SCHEDULE 5 Distance Limits from Public Road for Purposes of Compulsory Acquisition
- Part I Table of Limits
- Part II Further Provision With Respect to Limits
- SCHEDULE 6 Special Transitional Provisions for Trunk Roads
- SCHEDULE 7 Restricted Roads
- Amendment of Road Traffic Regulation Act 1984 (c.27)
- Transitional provision
- SCHEDULE 8 Penalties for Offences
- SCHEDULE 8A FIXED PENALTY OFFENCES
- SCHEDULE 8B FIXED PENALTIES FOR CERTAIN OFFENCES
- Power to give fixed penalty notices
- Contents of fixed penalty notice
- The amount of the penalty and the period for payment
- The discounted amount
- Effect of notice and payment of penalty
- Request for hearing
- Power to withdraw notices
- Effect of prosecution on notice
- Recovery of unpaid fixed penalties
- Judicial determination of enforcement of fixed penalty
- General and supplementary
- SCHEDULE 9 Minor and Consequential Amendments
- The Highway (Railway Crossings) Act 1839 (c. 45)
- The Railway Regulation Act 1842 (c. 55)
- The Railways Clauses Consolidation(Scotland) Act 1845 (c. 33)
- The Railways Clauses Act 1863 (c. 92)
- The Trespass (Scotland) Act 1865 (c. 56)
- The Tramways Act 1870 (c. 78)
- The Explosives Act 1875 (c. 17)
- The Entail Amendment (Scotland) Act 1875 (c. 61)
- The Settled Land Act 1882 (c. 38)
- The Crofters Holdings (Scotland) Act 1886 (c. 29)
- The Military Tramways Act 1887 (c. 65)
- The Railway and Canal Traffic Act 1888 (c. 25)
- The Military Lands Act 1892 (c. 43)
- The Light Railways Act 1896 (c. 48)
- The Public Health (Scotland) Act 1897 (c. 38)
- The Congested Districts (Scotland) Act 1897 (c. 53)
- The Dogs Act 1906 (c. 32)
- The Light Railways Act 1912 (c. 19)
- The Defence of the Realm (Acquisition of Land) Act 1916 (c. 63)
- The Roads Act 1920 (c. 72)
- The Railways Act 1921 (c. 55)
- The Rating and Valuation (Apportionment) Act 1928 (c. 44)
- The Road Traffic Act 1930 (c. 43)
- The Road and Rail Traffic Act 1933 (c. 53)
- The Public Order Act 1936 (c. 6)
- The Coal Act 1938 (c. 52).
- The Civil Defence Act 1939 (c. 31)
- The Requisitioned Land and War Works Act 1945 (c. 43)
- The Fire Services Act 1947 (c. 41)
- The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42)
- The Local Government Act 1948 (c. 26)
- The Civil Defence Act 1948 (12, 13 & 14 Geo. 6. c. 5)
- The Coast Protection Act 1949 (c.74)
- The Public Utilities Street Works Act 1950 (c.39)
- The Pet Animals Act 1951 (c. 35)
- The Mineral Workings Act 1951 (c. 60)
- The Prevention of Crime Act 1953 (c. 14)
- The Atomic Energy Authority Act 1954 (c.69)
- The Mines and Quarries Act 1954 (c. 70)
- The Crofters (Scotland) Act 1955 (c. 21)
- The Coal-Mining (Subsidence) Act 1957 (c. 59)
- The Land Powers (Defence) Act 1958 (c.30)
- The Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 (c. 50)
- The Opencast Coal Act 1958 (c. 69)
- The Manoeuvres Act 1958 (7 & 8 Eliz. 2. c. 7)
- The Building (Scotland) Act 1959 (c. 24)
- The Weeds Act 1959 (c. 54)
- The Road Traffic Act 1960 (c. 16)
- The Flood Prevention (Scotland) Act 1961 (c. 41)
- The Pipe-lines Act 1962 (c. 58)
- The Weights and Measures Act 1963 (c. 31)
- The Agriculture and Horticulture Act 1964 (c. 28)
- The Local Government (Scotland) Act 1966 (c. 51)
- The Agriculture Act 1967 (c. 22)
- The Countryside (Scotland) Act 1967 (c. 86)
- The New Towns (Scotland) Act 1968 (c. 16)
- The Firearms Act 1968 (c. 27)
- The Countryside Act 1968 (c. 41)
- The Sewerage (Scotland) Act 1968 (c. 47)
- The Caravan Sites Act 1968 (c. 52)
- The Transport Act 1968 (c. 73)
- The Vehicles Excise Act 1971 (c. 10)
- The Roads Traffic (Foreign Vehicles) Act 1972 (c. 27)
- The Town and Country Planning (Scotland) Act 1972 (c. 52)
- The Land Compensation (Scotland) Act 1973 (c. 56)
- The Local Government (Scotland) Act 1973 (c. 65)
- The Control of Pollution Act 1974 (c. 40)
- The Safety of Sports Grounds Act 1975 (c. 52)
- The Airports Authority Act 1975 (c. 78)
- The Licensing (Scotland) Act 1976 (c. 66)
- The Refuse Disposal (Amenity) Act 1978 (c. 3)
- The Education (Scotland) Act 1980 (c. 44)
- The Water (Scotland) Act 1980 (c. 45)
- The Local Government, Planning and Land Act 1980 (c. 65)
- The Public Passenger Vehicles Act 1981 (c. 14)
- The Wildlife and Countryside Act 1981 (c. 69)
- The Civil Aviation Act 1982 (c. 16)
- The Local Government and Planning (Scotland) Act 1982 (c. 43)
- The Civic Government (Scotland) Act 1982 (c. 45)
- The Transport Act 1982 (c. 49)
- The Level Crossings Act 1983 (c. 16)
- The Litter Act 1983 (c. 35)
- The Telecommunications Act 1984 (c. 12)
- The Road Traffic Regulation Act 1984 (c. 27)
- SCHEDULE 10 Transitional Provisions and Savings
- SCHEDULE 11 Repeals
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