Reform history

- (6) Section 30F of the Control of Pollution Act [1974 (c. 40)](https://www.legislation.gov.uk/ukpga/1974/40) (which makes it an offence to pollute rivers and other waters) shall apply to, or to the consequence of, a discharge under the powers conferred by this section into any controlled waters as if this section were not a provision of a local Act or a statutory order for the purposes of section 30I(1)(f) of that Act.

- (8) In this section “public sewer or drain” means a sewer or drain which belongs to Scottish Water or a roads authority.

- (7) Section 61 of the 1845 Lands Act (estimation of purchase money and compensation) shall apply to the compulsory acquisition of such a right as if for the words from “value” to “undertaking” there were substituted the words “extent (if any) to which the value of the land in or over which the right is to be acquired is depreciated by the acquisition of the right”.

- (3) For the purposes of section 28 of the Land Registration (Scotland) Act [1979 (c. 33)](https://www.legislation.gov.uk/ukpga/1979/33), subsection (1) above shall be taken to create a real right over the land referred to in that section without any necessity to record a deed in the Register of Sasines or to register the right.

- (10) In this section “building” includes any structure or erection.

- (2) In subsection (1) above “relevant land” means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.

- (a) a notice to treat is served on a person (“the owner”) under that Act (as so applied) in respect of land forming only part of a house, building or factory or of land consisting of a house with a park or garden (“the land subject to the notice to treat”); and

- (2) In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the authorised undertaker a counter-notice objecting to the sale of the land subject to the notice to treat and stating that the owner is willing and able to sell the whole (“the land subject to the counter-notice”).

- (4) This section does not apply in relation to any right of way to which section 224 or 225 of the Town and Country Planning (Scotland) Act [1997 (c. 8)](https://www.legislation.gov.uk/ukpga/1997/8) (extinguishment of rights of statutory undertakers etc.) applies.

- “functions” includes powers, duties and obligations;

- “transferee” means a person to whom all or any of the property or functions of the authorised undertaker have been transferred by virtue of a transfer agreement; and

- “transfer agreement” means an agreement entered into under subsection (2), (3) or (4) above.

- (2) An arbiter appointed under this section shall be entitled to state a case for the opinion of the Court of Session pursuant to section 3 of the Administration of Justice (Scotland) Act [1972 (c. 59)](https://www.legislation.gov.uk/ukpga/1972/59).

- (3) For the purposes of subsection (1) above and of paragraph 4 of Schedule 1 to the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament) Order 1999 ([S.I. 1999/1379](https://www.legislation.gov.uk/uksi/1999/1379)), a letter is properly addressed to—

- (2) In their application to development authorised by this Act, article 3 of, and Class 29 in Part 11 of Schedule 1 to, the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 ([S.I. 1992/223](https://www.legislation.gov.uk/uksi/1992/223)) (which permit development authorised by (among other enactments) any Act of the Parliament which designates specifically both the nature of the development thereby authorised and the land upon which it may be carried out) shall have effect as if the authority to develop given by this Act were limited to development begun within 10 years after the date on which this Act comes into force.

For the purpose of entering into any management agreement under section 49A of the Countryside (Scotland) Act [1967 (c. 86)](https://www.legislation.gov.uk/ukpga/1967/86) to secure the provision of environmental mitigation measures in respect of the authorised works, the authorised undertaker shall be deemed to have an interest in any land within the limits of deviation or the limits of land to be acquired or used which is required for such measures.

- (4) In subsection (2) above, “other parties” includes (without prejudice to the generality of that expression) the statutory successors to the parties authorised or obligated by virtue of the existing enactments or the enactments incorporated by section 37(1) below.

- (c) in the Railways Clauses Act [1863 (c. 92)](https://www.legislation.gov.uk/ukpga/1863/92), Part I (relating to construction of a railway) except sections 13, 14 and 19.

- “the 1845 Act” means the Railways Clauses Consolidation (Scotland) Act [1845 (c. 33)](https://www.legislation.gov.uk/ukpga/1845/33);

- “the 1845 Lands Act” means the Lands Clauses Consolidation (Scotland) Act [1845 (c. 19)](https://www.legislation.gov.uk/ukpga/1845/19);

- “the 1963 Act” means the Land Compensation (Scotland) Act [1963 (c. 51)](https://www.legislation.gov.uk/ukpga/1963/51);

- “the 1991 Act” means the New Roads and Street Works Act [1991 (c. 22)](https://www.legislation.gov.uk/ukpga/1991/22);

- “the 1997 Act” means the Town and Country Planning (Scotland) Act [1997 (c. 8)](https://www.legislation.gov.uk/ukpga/1997/8);

- “the ancillary works” has the meaning given by section 4 above;

- “the authorised undertaker” means, at any time, Clackmannanshire Council or such other person or persons in whom are vested at that time some or all of the functions conferred by this Act concerning the authorised works;

- “the authorised works” means the works authorised by this Act;

- “book of reference” means the book of reference submitted to the Parliament as an accompanying document with the Bill for this Act;

- “construction” includes execution, placing, alteration and reconstruction and demolition; and “construct” and “constructed” have corresponding meanings;

- “the continuing level crossings” has the meaning given by section 8(1) above;

- “the continuing private crossings” has the meaning given by section 9(1) above;

- “enactment” includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;

- “the existing enactments” means any enactment by which any part of the existing railways was authorised;

- “the existing railways” means so much of any railway or former railway as is situated within the limits of deviation and is in existence on the date of the coming into force of this Act;

- “the limits of deviation” means the limits so described on the Parliamentary plans;

- “the limits of land to be acquired or used” means the limits so described on the Parliamentary plans;

- “the major road works” has the meaning given by section 3 above;

- “Network Rail” means Network Rail Infrastructure Ltd (Company No. 2904587 (England)) whose registered office is at 40 Melton Street, London NW1 2EE and any other of the Network Rail group of companies which holds property for railway purposes;

- “Parliamentary plans” means the plans submitted to the Parliament as accompanying documents with the Bill for this Act;

- “Parliamentary sections” means the sections submitted to the Parliament as accompanying documents with the Bill for this Act;

- “the railway works” has the meaning given by section 2 above;

- “road” has the meaning given by section 107 of the 1991 Act;

- “the road works authority” has the meaning given by section 108 of the 1991 Act;

- “the roads authority” has the meaning given by section 151(1) of the Roads (Scotland) Act [1984 (c. 54)](https://www.legislation.gov.uk/ukpga/1984/54); and

- “the tribunal” means the Lands Tribunal for Scotland.

- “public gas transporter” has the meaning given by section 7(1) of the Gas Act [1986 (c. 44)](https://www.legislation.gov.uk/ukpga/1986/44);

- “electronic communications code network” means an electronic communications network within the meaning of the Communications Act [2003 (c. 21)](https://www.legislation.gov.uk/ukpga/2003/21) to which the electronic communications code applies;

- “electronic communications code” means the code set out in schedule 2 to the Telecommunications Act [1984 (c. 12)](https://www.legislation.gov.uk/ukpga/1984/12); and

- “utility undertaker” means a person who is— authorised by any enactment to carry on an undertaking for the supply of water; a public gas transporter; or the holder of a licence under section 6 of the Electricity Act [1989 (c. 29)](https://www.legislation.gov.uk/ukpga/1989/29), and who is, or is deemed to be, a statutory undertaker within the meaning of section 214 of the 1997 Act.

| Local government area | Sheet of Parliamentary plans | Buildings authorised to be demolished or altered | Limit of authorised demolition or alteration |

| (1) | (2) | (3) | (4) |

- “the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) (Scotland) Act [1997 (c. 9)](https://www.legislation.gov.uk/ukpga/1997/9); and

- “building” and “listed building” have the same meanings as in the Listed Buildings Act.