Edinburgh Airport Rail Link Act 2007

• “the Crichel Down Rules” means the rules set out in the Scottish Development Department Circular 38 of 1992 (“Disposal of Surplus Government Land – the Crichel Down Rules”) as amended or superseded from time to time;

• “surplus land” means any land acquired compulsorily under section 17 which is subsequently declared by the authorised undertaker to be surplus to the authorised undertaker's requirements for the provision of the authorised works.

Mitigation of environmental impacts

49

• (1) The authorised undertaker shall employ all reasonably practicable means to ensure—

• (a) that the environmental impacts of the construction and operation of the authorised works as described in the environmental statement are not worse than the residual impacts identified in the environmental statement in relation to those works; and

• (b) that—

• (i) the additional environmental mitigation measures identified in the promoter's undertakings are carried out; or

• (ii) the environmental impacts of the construction or operation of the authorised works as so described are not worse than they would have been had the mitigation measures referred to in sub-paragraph (i) been carried out.

• (2) In this section—

• “environmental statement” means the environmental statement submitted to the Parliament as an accompanying document with the Bill for this Act;

• “the promoter's undertakings” means all undertakings given by tie as Promoter of the Bill for this Act—to the Committee during the Consideration Stage of the Bill for this Act; orto any person in connection with that Bill;

• “residual impacts” means the environmental impacts of the construction or operation of the authorised works after the mitigation measures proposed in the environmental statement have been carried out.

Compliance with code of construction practice and noise and vibration policy, etc.

50

• (1) The authorised undertaker shall employ all reasonably practicable means to ensure that—

• (a) the authorised works are carried out in accordance with the code of construction practice as approved by the local planning authority for each area in which the authorised works are located and from time to time amended or replaced in accordance with schedule 9; and

• (b) the noise and vibration policy and any mitigation commitment document, as from time to time amended or replaced, is applied to the use and operation of the authorised works as described in that policy and the environmental statement.

• (2) None of the code of construction practice, the noise and vibration policy or any mitigation commitment document shall be amended or replaced so as to reduce the standards of mitigation and protection provided for in the versions being amended or replaced.

• (3) Schedule 9 has effect in relation to the approval, amendment and replacement of the code of construction practice.

• (4) In this section “noise and vibration policy” means the “Noise and Vibration Policy Paper” dated 12 January 2007, a copy of which has been lodged with the Clerk of the Parliament to be held with the accompanying documents relating to the Bill for this Act.

Regulation of mitigation measures

51

• (1) The requirements imposed by or pursuant to the following provisions, that is to say—

• (a) sections 49 and 50; and

• (b) schedule 9 to this Act,

shall be enforceable, and the local planning authority shall have the responsibility to enforce them, as valid planning conditions.

• (2) For the purposes only of such enforcement and any appeal against a decision of the local planning authority under this Act, planning permission for the construction of the authorised works shall be deemed to have been granted under section 37 of the 1997 Act subject to the imposition of those conditions under section 41 of that Act.

• (3) The authorised undertaker shall maintain a directory containing the code of construction practice, the noise and vibration policy, any local construction plan and any mitigation commitment document.

• (4) The local planning authority shall appoint an Environmental Compliance Officer responsible for the discharge by the local planning authority of its functions under this section.

Protection of the water environment

52

Nothing in this Act affects the operation of the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (SSI 2005/348) in relation to Works Nos. 3D, 3E, 4B and 4D or any ancillary work described in paragraph 7 of schedule 2 to this Act.

Saving for Railways Act 1993

53

Section 49 and section 50 do not affect the carrying out of any activity that is—

• (a) subject to regulation under the Railways Act 1993 (c. 43); or

• (b) connected with such an activity and subject to standards, guidance or other measures that form part of the terms of such regulation.

Certification of plans, etc.

54

• (1) As soon as practicable after the coming into force of this Act, the authorised undertaker shall submit copies of the book of reference, the Parliamentary plans and the Parliamentary sections to the Clerk of the Parliament for certification under this section.

• (2) On being satisfied as to the accuracy of documents submitted under subsection (1), the Clerk shall certify them as being, respectively the book of reference, Parliamentary plans and Parliamentary sections referred to in this Act.

• (3) A document certified under subsection (2) shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Registration of new rights

55

• (1) A servitude or other right acquired by the authorised undertaker under section 18 or 19 shall, unless otherwise expressly stated in the instrument by which it is created, be treated for all purposes as benefiting the land from time to time held by the authorised undertaker for the purposes of the authorised works.

• (2) Notwithstanding section 75 of the Title Conditions (Scotland) Act 2003 (asp 9), where a servitude falls to be treated as mentioned in subsection (1), the deed by which it is created shall be effective whether or not it is registered against the benefited property.

Dispute resolution

56

• (1) Where under this Act any dispute (other than a dispute to which the provisions of the Lands Clauses Acts apply) is to be determined by arbitration (in default of other agreed dispute resolution procedure), the dispute shall be referred to, and settled by, a single arbiter to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President for the time being of the Institution of Civil Engineers.

• (2) Except as provided in sections 7(6) and 8(6), 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).

• (3) Section 108 of the 1996 Act (right to refer disputes to adjudication) and any regulations made under that section shall not apply to any dispute under this Act (whether or not it is a dispute of the sort described in subsection (1)).

• (4) Subsection (3) does not affect the operation of the 1996 Act so far as applicable to any contract under which a contracting party other than the authorised undertaker is responsible for the construction or funding of the authorised works.

• (5) In this section “the 1996 Act” means the Housing Grants, Construction and Regeneration Act 1996 (c. 53).

Service of notices, etc.

57

• (1) A notice or other document required or authorised to be served on a person for the purposes of this Act may be served—

• (a) by delivering it to that person;

• (b) by leaving it at that person's proper address; or

• (c) by sending it by post to that person at that address.

• (2) A notice or document is duly served on a body corporate or a firm—

• (a) in the case of a body corporate, if it is served on the secretary or clerk of that body; and

• (b) in the case of a firm, if it is served on a partner of that firm.

• (3) For the purposes of subsection (1) 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), a letter is properly addressed to—

• (a) a body corporate, if addressed to the body at its registered or principal office;

• (b) a firm, if addressed to the firm at its principal office; or

• (c) any other person, if addressed to the person at that person's last known address.

• (4) Where for the purposes of this Act a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the person's name or address cannot be ascertained after reasonable enquiry, the notice may be served by—

• (a) addressing it to the person by name or by the description of “owner”, or as the case may be “occupier”, of the land; and

• (b) leaving it—

• (i) in the hands of a person who is or appears to be resident or employed on the land; or

• (ii) leaving it conspicuously affixed to some building or object on or near the land.

• (5) Nothing in this section precludes the use of any other method of service.

Part 4 — Supplementary

Incorporation of enactments

58

• (1) The following enactments (so far as applicable for the purposes of and not inconsistent with, or varied by, the provisions of this Act) are incorporated with this Act—

• (a) the Lands Clauses Acts, except sections 120 to 124 of the 1845 Lands Act;

• (b) the 1845 Act, except sections 1, 7 to 17, 19, 20, 22, 23, 25 to 37, 40 to 50, 52 to 56, 58, 59, 66, 68, 87 and 88; and

• (c) in the Railways Clauses Act 1863 (c. 92), section 12.

• (2) In construing the enactments incorporated with this Act—

• (a) this Act shall be deemed to be the special Act;

• (b) the authorised undertaker shall be deemed to be the promoter of the undertaking or the company;

• (c) the authorised works shall be deemed to be the works or the undertaking;

• (d) sections 18 and 21 of the 1845 Act shall not apply in any case where the relations between the authorised undertaker and any other person are regulated by sections 143 and 144 of the 1991 Act; and

• (e) section 60 of the 1845 Act shall have effect with the omission of the words from “Such and” to “formation thereof” and from “together with all necessary gates” to “all necessary stiles”.

Interpretation

59

• (1) In this Act—

• “the 1845 Act” means the Railways Clauses Consolidation (Scotland) Act 1845 (c. 33);

• “the 1845 Lands Act” means the Lands Clauses Consolidation (Scotland) Act 1845 (c. 19);

• “the 1963 Act” means the Land Compensation (Scotland) Act 1963 (c. 51);

• “the 1991 Act” means the New Roads and Street Works Act 1991 (c. 22);

• “the 1997 Act” means the Town and Country Planning (Scotland) Act 1997 (c. 8);

• “the Act limits” means the limits of deviation and the limits of land to be acquired or used;

• “the ancillary works” has the meaning given by section 3;

• “associated land”, in relation to a road or private access, means the land on which the road or access is constructed, together with any other land acquired by the authorised undertaker under this Act for the purpose of such construction;

• “the authorised undertaker” means, in relation to any event or thing before this Act comes into force, tie and at any time thereafter, tie or such other person as is at that time designated as authorised undertaker in a transfer agreement made pursuant to section 39;

• “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;

• “code of construction practice” means the edition of the Code of Construction Practice (which sets out the measures to be employed in the construction of the authorised works so to mitigate the impact of those works) dated 19 February 2007, a copy of which has been lodged with the Clerk of the Parliament to be held with the accompanying documents relating to the Bill for this Act;

• “the Committee” means the Edinburgh Airport Rail Link Bill Committee to which the Bill for this Act was referred, and includes any assessor appointed in respect of that Bill under Rule 9A.9.1B of the Standing Orders of the Parliament;

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

• “EAL” means Edinburgh Airport Limited (company no. SC96623) whose registered office is at St Andrew's Drive, Glasgow Airport, Paisley, PA3 2SW, and includes any successor to that company as operator of Edinburgh Airport;

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

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

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

• “limits of safeguarding” means the limits so described on the Parliamentary plans;

• “local construction plan” means a code of practice intended to define, and from time to time redefine, the authorised undertaker's policy in relation to construction practice to be adopted in the carrying out of the authorised works within an area specified in that plan;

• “mitigation commitment document” means a document setting out the authorised undertaker's commitments in terms of policy, plans or measures for mitigation of the environmental impacts of the authorised works or their construction;

• “Network Rail” means Network Rail Infrastructure Limited (company no. 2904587) 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;

• “operational land of Edinburgh Airport” means the land (including the land mentioned in section 36(2)) forming part of Edinburgh Airport that is used, or in which an interest is held, by EAL or any other company in the group of companies to which EAL belongs, for the purposes of EAL's undertaking as operator of Edinburgh Airport;

• “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;

• “private road” means any road which a roads authority does not have a duty to maintain;

• “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);

• “the scheduled works” has the meaning given by section 2;

• “tie” means tie Limited (company no. SC230949) whose registered office is at City Chambers, High Street, Edinburgh, Midlothian, EH1 1YJ; and

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

• (2) Except in relation to section 4, any reference in any description of works, powers or land to area, distance, length or direction, or to a particular location, shall be construed as if qualified by the words “or thereby”.

Rights of the Crown, Government departments and Scottish Ministers

60

• (1) Nothing in this Act affects prejudicially any estate, right, power, privilege, authority or exemption of the Scottish Ministers.

• (2) Without prejudice to the generality of subsection (1), nothing in this Act authorises the acquisition of land (including any rights or interests in land) held or used by a minister of the Crown, a government department or the Scottish Ministers without the consent in writing of that minister or government department or of the Scottish Ministers.

• (3) A consent under subsection (2) may be given unconditionally or subject to terms and conditions.

Short title

61

This Act may be cited as the Edinburgh Airport Rail Link Act 2007.

SCHEDULE 1

In the local government areas of West Lothian and the City of Edinburgh railways linking Edinburgh Airport with the Edinburgh to Glasgow Main Line via a new railway to Kirkliston and the existing Dalmeny Chord railway to the north-west and a new railway to the south connecting with the Main Line at Roddinglaw and linking the airport to the Edinburgh to Fife and North East Railway via new railways connecting with that railway at Dalmeny and Gogar; including a new station at Edinburgh Airport and comprising—

In the local government areas of West Lothian and the City of Edinburgh—

In the local government area of West Lothian—

In the local government area of the City of Edinburgh—

SCHEDULE 2

1

Stations, buildings, platforms, junctions and stopping places.

2

Bridges, subways, stairs, lifts, escalators, roundabouts and means of access.

3

Junctions and communications with, and widening of, any road, path or way.

4

Works for the provision (for the authorised undertaker or any other person) of apparatus, plant or machinery and for the accommodation of such works, including mains, sewers, pipes, drains, cables, lights, conduits and culverts.

5

Works for the strengthening, underpinning, protection, alteration or demolition of any building or structure.

6

Works or operations to stabilise the condition of any land or for the purposes of flood prevention.

7

Works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses.

8

Works to alter the position of any existing apparatus or any existing street furniture, including the alteration of the position of existing works of the sort described in paragraph 4 above.

9

Without prejudice to the generality of paragraph 8 above, works to alter the position of any railway track or other railway apparatus.

10

Landscaping, ecological and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works.

11

Works for the benefit or protection of premises affected by the authorised works.

12

The removal by the authorised undertaker of any works constructed by it pursuant to this Act which have been constructed as temporary works or which it no longer requires.

13

Such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction of the authorised works.

SCHEDULE 3

Part 1 — Roads to be permanently stopped up

Part 2 — Roads to be temporarily stopped up

SCHEDULE 4

Part 1 — Land for safeguarding works

Part 2 — Safeguarding works: procedure

1

Safeguarding works may be carried out—

• (a) at any time before or during the construction in the vicinity of the building of any part of the authorised works; or

• (b) after the completion of the construction of that part of the authorised works, at any time up to the end of the period of five years beginning with the day on which that part of the authorised works is first opened for use.

2

For the purpose of determining how the powers conferred by section 16 of this Act are to be exercised, the authorised undertaker may enter and survey any building falling within subsection (1) of that section and any land belonging to it and may affix to, place on, leave on and remove from such building or land apparatus for use in connection with such survey.

3

For the purpose of carrying out safeguarding works to a building under section 16 of this Act, the authorised undertaker may (subject to paragraphs 4 and 5)—

• (a) enter the building and any land belonging to it; and

• (b) where the works cannot be carried out reasonably conveniently without entering land adjacent to the building, enter the adjacent land (but not any building erected on it).

4

Before exercising—

• (a) a right under section 16 of this Act to carry out safeguarding works to a building;

• (b) a right under paragraph 2 to enter a building;

• (c) a right under paragraph 3(a) to enter a building or land; or

• (d) a right under paragraph 3(b) to enter land,

the authorised undertaker shall, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days' notice of its intention to exercise that right; and in a case falling within sub-paragraph (a) or (c) above the notice shall also specify the safeguarding works proposed to be carried out.

5

Where notice is served under paragraph 4(a), (c) or (d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the safeguarding works or to enter the building or land to be determined by arbitration.

6

The authorised undertaker shall compensate the owners and occupiers of any building or land in relation to which the powers conferred by this schedule have been exercised for any loss or damage arising to them by reason of the exercise of those powers.

7

Where—

• (a) safeguarding works to a building are carried out under section 16 of this Act; and

• (b) within the period of five years beginning with the day on which the part of the authorised works constructed in the vicinity of the building is first opened for use, it appears that the safeguarding works are inadequate to protect the building against damage caused by the construction or operation of that part of the authorised works,

the authorised undertaker shall compensate the owners and occupiers of the building for any damage sustained by them.

8

Nothing in this schedule shall relieve the authorised undertaker from any liability to pay compensation under the Land Clauses Acts.

9

Any dispute as to a person's entitlement to compensation under paragraph 6 or 7 above or as to the amount of compensation shall be determined under the 1963 Act.

SCHEDULE 5

Part 1 — Acquisition of land

Part 2 — Acquisition of rights

SCHEDULE 6

SCHEDULE 7

Apparatus of statutory undertakers, etc. on land acquired

1

• (1) Subject to the provisions of this schedule, sections 224 to 227 of the 1997 Act (power to extinguish rights of statutory undertakers, etc. and power of statutory undertakers, etc. to remove or re-site apparatus) shall apply in relation to any land which has been acquired under this Act, or which is held by the authorised undertaker and is appropriated or used (or about to be used) by it for the purposes of this Act or for purposes connected with this Act.

• (2) All such other provisions of the 1997 Act as apply for the purposes of the provisions applied by paragraph 1 above (including sections 228 to 231, which contain provisions consequential on the extinguishment of any rights under sections 224 and 225, and sections 232(2) to (4), 233 and 235, which provide for the payment of compensation) shall have effect accordingly.

• (3) In the provisions of the 1997 Act, as applied by sub-paragraphs (1) and (2) above—

• (a) references to the purpose of carrying out any development with a view to which land was acquired or appropriated are references to the purpose of carrying out the authorised works; and

• (b) references to land acquired or appropriated as mentioned in section 224(1) of the 1997 Act are references to land acquired, appropriated or used as mentioned in sub-paragraph (1) above.

• (4) Where any apparatus of a utility undertaker or of a public communications provider is removed in pursuance of a notice or order given or made under section 224, 225 or 226 of the 1997 Act, as applied by sub-paragraph (1) above, any person who is the owner or occupier of premises to which a supply was given from that apparatus shall be entitled to recover from the authorised undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

• (5) Sub-paragraph (4) above shall not apply in the case of the removal of a public sewer, but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that paragraph, any person who is—

• (a) the owner or occupier of premises the drains of which communicated with that sewer; or

• (b) the owner of a private sewer which communicated with that sewer,

shall be entitled to recover from the authorised undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the person's drain or sewer communicate with any other public sewer or with a private sewage disposal plant.

• (6) The provisions of the 1997 Act mentioned in sub-paragraphs (1) and (2) above, as applied by those sub-paragraphs, shall not have effect in relation to apparatus as respects which Part IV of the 1991 Act applies.

• (7) In this paragraph—

• “gas transporter” has the meaning given by section 7(1) of the Gas Act 1986 (c. 44);

• “public communications provider” has the meaning given by section 151(1) of the Communications Act 2003 (c. 21); and

• “utility undertaker” means a person who is—authorised by any enactment to carry on an undertaking for the supply of water;a gas transporter; orthe holder of a licence under section 6 of the Electricity Act 1989 (c. 29),and who is, or is deemed to be, a statutory undertaker within the meaning of section 214 of the 1997 Act.

Apparatus of statutory undertakers, etc in stopped up roads

2

• (1) Where a road is stopped up under section 10 of this Act any statutory undertaker whose apparatus is under, in, upon, over, along or across the road shall have the same powers and rights in respect of that apparatus, subject to the provisions of this paragraph, as if this Act had not been passed.

• (2) Where a road is stopped up under section 10 of this Act any statutory undertaker whose apparatus is under, in, upon, over, along or across the road may, and if reasonably requested to do so by the authorised undertaker, shall—

• (a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the statutory undertaker may reasonably determine and have power to place it; or

• (b) provide other apparatus in substitution for the existing apparatus and place it in such a position.

• (3) The allowable costs of the relocation works shall be—

• (a) determined in accordance with section 144 (Sharing costs of necessary measures) of the 1991 Act and any regulations for the time being having effect under that section (as having effect by virtue of section 12 of this Act); and

• (b) borne by the authorised undertaker and the statutory undertaker in such proportions as may be prescribed by any such regulations.

• (4) In this paragraph—

• “apparatus” has the same meaning as in Part IV of the 1991 Act;

• “relocation works” means works executed, or apparatus provided, under sub-paragraph (2); and

• “statutory undertaker” has the same meaning as in the Roads (Scotland) Act 1984 (c. 54).

SCHEDULE 8

1

• (1) In the case of a listed building which was not such a building immediately before the assessment date—

• (a) section 6 of the Listed Buildings Act (restriction on works affecting listed buildings) shall not apply to works carried out in relation to the building in exercise of the powers conferred by Part 1 of this Act;

• (b) to the extent that a notice issued in relation to the building under section 34(1) of that Act (enforcement) requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by Part 1 of this Act, it shall not have effect or, as the case may be, shall cease to have effect;

• (c) no steps may be taken in relation to the building under section 38(1) of that Act (execution of works specified in notice under section 34(1)) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in sub-paragraph (b) above; and

• (d) no works may be executed for the preservation of the building under section 49 of that Act (urgent works to preserve unoccupied listed buildings) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in sub-paragraph (b) above.

• (2) If a building included in a conservation area and not a listed building was not included in a conservation area immediately before the assessment date, section 66 of the Listed Buildings Act (control of demolition in conservation areas) shall not apply to the demolition of the building in exercise of the powers conferred by Part 1 of this Act.

• (3) Anything which, by virtue of section 1(4) of the Listed Buildings Act (objects or structures fixed to, or within the curtilage of, a building), is treated as part of a building for the purposes of that Act shall be treated as part of the building for the purposes of this paragraph.

2

Section 53 of the Listed Buildings Act (acts causing or likely to result in damage to listed buildings) shall not apply to anything done in exercise of the powers conferred by Part 1 of this Act with respect to works.

3

In this schedule—

• “the assessment date” means, in the case of a building within the area of—City of Edinburgh Council, 8th October 2004; andWest Lothian Council, 20th January 2005;

• “the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9); and

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

SCHEDULE 9

1

Before commencing construction of the authorised works located in the area of a local planning authority the authorised undertaker shall secure that—

• (a) the code of construction practice; and

• (b) the draft of any local construction plan that the authorised undertaker proposes to implement in the area of the local planning authority concerned,

are submitted to that local planning authority for its written approval.

2

The local planning authority shall send a copy of every code or plan submitted pursuant to paragraph 1, and any amendment or replacement proposed by the authorised undertaker pursuant to paragraph 3, to SNH and SEPA and shall take account of any representations made to the local planning authority by either of those bodies.

3

The authorised undertaker may with the approval of the local planning authority amend or replace the code of construction practice or any local construction plan.

4

In approving the code of construction practice or any local construction plan, or any amendment or replacement submitted under this schedule, the local planning authority may require the authorised undertaker to make amendments to the code or plan or to the amendment or replacement as the case may be.

5

For the purpose of any appeal against a decision of a local planning authority under this schedule, an application for approval under paragraph 1 or 3 shall be deemed to be an application for planning permission made under section 32 of the 1997 Act.

6

In this schedule—

• “SEPA” means the Scottish Environment Protection Agency established under section 20 of the Environment Act 1995 (c. 25);

• “SNH” means Scottish Natural Heritage established under section 1 of the Natural Heritage (Scotland) Act 1991 (c. 28).

Power to construct works

Power to acquire land

Power to fell, etc. trees or shrubs

Incorporation of enactments

In the local government areas of West Lothian and the City of Edinburgh railways linking Edinburgh Airport with the Edinburgh to Glasgow Main Line via a new railway to Kirkliston and the existing Dalmeny Chord railway to the north-west and a new railway to the south connecting with the Main Line at Roddinglaw and linking the airport to the Edinburgh to Fife and North East Railway via new railways connecting with that railway at Dalmeny and Gogar; including a new station at Edinburgh Airport and comprising—

Apparatus of statutory undertakers, etc. on land acquired

Apparatus of statutory undertakers, etc in stopped up roads

Editorial notes

[^key-a2cb00551c34f6aabfd8be8512368fba]: Words in s. 38(5) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 37; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)