Reform history

- (3) In this section “safeguarded airport land” means any land within the limits of deviation, the limits of land to be acquired or used or the limits of safeguarding which is within the land to the north of Edinburgh Airport (as existing at the date on which this Act comes into force) which is shown indicatively on the map of Edinburgh Airport included in paragraph 5.12 of the White Paper ‘The Future of Air Transport’ (December 2003, Cmd. 6046) and forms part of the land so shown within the possible new airport boundary.

- (9) In this section “intended owner” means a person or persons identified by the authorised undertaker to become the owner of a private road or private access constructed under this Act as being—

- (1) The Keeper of the Registers of Scotland may, without prejudice to section 4 of the Land Registration (Scotland) Act [1979 (c. 33)](https://www.legislation.gov.uk/ukpga/1979/33), register any land vested under section 7 or 8 on receiving the material specified in subsection (2).

- (3) In this section “road” includes any road within Edinburgh Airport.

- (b) they are works which, had they been executed under the powers of the roads authority, might have been carried out in exercise of the powers conferred by section 27 (dual carriageways, roundabouts and refuges) or 63 (new access over verges and footways) of the Roads (Scotland) Act [1984 (c. 54)](https://www.legislation.gov.uk/ukpga/1984/54).

- (6) Nothing in this section shall affect the operation of Part IV of the 1991 Act or the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (SSI [2005/348](https://www.legislation.gov.uk/ssi/2005/348)).

- “public sewer or drain” means a sewer or drain which belongs to Scottish Water, a private provider who has made an agreement with Scottish Water under section 1(2)(b) of the Sewerage (Scotland) Act [1968 (c. 47)](https://www.legislation.gov.uk/ukpga/1968/47) (duty of local authority to provide sewerage for their area) or a roads authority; and

- “watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain.

- (a) “building” includes any structure or erection (including a road, runway, taxiway or area any of which has a metalled surface) or any part of a building, structure or erection;

- (b) “category A listing” means the entry in the list of buildings maintained by the Scottish Ministers under section 1 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act [1997 (c. 9)](https://www.legislation.gov.uk/ukpga/1997/9) relating to Carlowrie House and dated 30th January 1981;

- (d) “safeguarding works”, in relation to a building, means—

- (a) is an owner or occupier of land in respect of which the power conferred by subsection (1) is exercised without the authorised undertaker acquiring any part of that person’s interest in the land; and

- (6) For the purposes of section 28 of the Land Registration (Scotland) Act [1979 (c. 33)](https://www.legislation.gov.uk/ukpga/1979/33), the powers conferred by this section shall constitute a real right and shall be an overriding interest.

- (6) Any dispute as to a person’s entitlement to compensation under subsection (5), or as to the amount of the compensation, shall be determined under the 1963 Act.

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

- (2) In subsection (1) “relevant land” means—

- (b) the value of the person’s interest in any such contiguous or adjacent land is enhanced by reason of the works authorised by this Act or any of them,

- (a) a notice to treat is served on a person (“the owner”) under that Act (as incorporated with this Act by section 58) in respect of part only—

(“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) Any dispute as to a person’s entitlement to compensation under subsection (3), or as to the amount of compensation, shall be determined under the 1963 Act.

- (7) Any dispute as to a person’s entitlement to compensation under subsection (6), or as to the amount of compensation, shall be determined under the 1963 Act.

- (5) Nothing in this section affects the operation of section 48 of the Land Compensation (Scotland) Act [1973 (c. 56)](https://www.legislation.gov.uk/ukpga/1973/56).

- (12) In this section “the sheriff” means the sheriff principal of, or any sheriff appointed for, the sheriffdom in which the land is located.

Section 78 of the Planning and Compensation Act [1991 (c. 34)](https://www.legislation.gov.uk/ukpga/1991/34) shall apply in relation to a notice to treat served under section 17 of the 1845 Lands Act as incorporated with this Act.

- (c) published and served in accordance with the requirements of paragraph 6 of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act [1947 (c. 42)](https://www.legislation.gov.uk/ukpga/1947/42); and

- (5) Notwithstanding the terms of section 67(1) of the [Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5)](https://www.legislation.gov.uk/asp/2000/5), any lease of the land referred to in subsection (2) which is granted by EAL to the authorised undertaker may continue for a period of up to 250 years.

- (4) Any dispute as to a person’s entitlement to compensation under subsection (3), or as to the amount of compensation, shall be determined under the 1963 Act.

- (5) The local traffic authority shall not exercise the powers conferred by this section unless it has given not less than 12 weeks' notice in writing of its intention so to do to the Chief Constable of Lothian and Borders Police; and the authorised undertaker shall not exercise the powers conferred by this section unless it has in addition obtained the prior consent of the Council.

- “the 1984 Act” means the Road Traffic Regulation Act [1984 (c. 27)](https://www.legislation.gov.uk/ukpga/1984/27);

- “the Council” means City of Edinburgh Council; and

- “disposal” includes sale, lease, excambion and charge; and

- “functions” includes powers, duties and obligations.

- “BRBR” means BRB (Residuary) Limited (company no. 04146505) and its successors;

- “the former railway” means any railway which at any time prior to the passing of this Act, was situated within the limits of deviation of Work No. 1 or Work No. 5;

- “provisional order” means an order made under the Private Legislation Procedure (Scotland) Act [1936 (c. 52)](https://www.legislation.gov.uk/ukpga/1936/52) or any earlier Act which that Act replaced.

- (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.

- (4) In the application of the Conservation (Natural Habitats &c.) Regulations 1994 (S.I. [1994/2716](https://www.legislation.gov.uk/uksi/1994/2716)) to the authorised works, the Parliament is the competent authority.

- “currency”, in relation to a financial support contract, means the period during which— a financial support contract is in force; and financial obligations under the financial support contract relating to the provision of the authorised works remain to be discharged;

- “developer contribution” means a developer contribution obtained under section 45(3);

- “financial support contract” means— an agreement under which a party to the agreement makes a commitment to— procure funding for the provision of the authorised works; approve any of the relevant planning authorities incurring expenditure or entering into any financial obligation for that purpose; a contract under which a party to the contract is obliged to provide money to pay for providing the authorised works and the authorised undertaker is obliged to pay interest or otherwise give monetary consideration for that money; or a contract under which a party to the contract is obliged to provide, or to procure the provision of, all or part of the authorised works for a consideration all or part of which is represented by the transfer or grant to that person of assets or benefits in either case other than money;

- “provision”, in relation to any part of the authorised works, means the design, construction or financing of those works, and includes maintenance and operation so far as provided in conjunction with design, construction or financing; and

- “section 75 agreement” means an agreement entered into by a planning authority under section 75 of the 1997 Act.

- (11) A requirement for developer contributions does not amount to the raising of money by making a levy or imposition within the meaning of section 22(7) of the [Local Government in Scotland Act 2003 (asp 1)](https://www.legislation.gov.uk/asp/2003/1).

- “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.

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

- “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; or to 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.

- (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.

Nothing in this Act affects the operation of the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (SSI [2005/348](https://www.legislation.gov.uk/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.

- (a) subject to regulation under the Railways Act [1993 (c. 43)](https://www.legislation.gov.uk/ukpga/1993/43); or

- (2) Notwithstanding section 75 of the [Title Conditions (Scotland) Act 2003 (asp 9)](https://www.legislation.gov.uk/asp/2003/9), 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.

- (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)](https://www.legislation.gov.uk/ukpga/1972/59).

- (5) In this section “the 1996 Act” means the Housing Grants, Construction and Regeneration Act [1996 (c. 53)](https://www.legislation.gov.uk/ukpga/1996/53).

- (b) by leaving it at that person’s proper address; or

- (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](https://www.legislation.gov.uk/uksi/1999/1379)), a letter is properly addressed to—

- (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—

- (c) in the Railways Clauses Act [1863 (c. 92)](https://www.legislation.gov.uk/ukpga/1863/92), section 12.

- “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 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)](https://www.legislation.gov.uk/ukpga/1984/54);

- “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.

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.

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.

- “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);

- “public communications provider” has the meaning given by section 151(1) of the Communications Act [2003 (c. 21)](https://www.legislation.gov.uk/ukpga/2003/21); 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; 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.

- “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)](https://www.legislation.gov.uk/ukpga/1984/54).

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

- “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.

- “SEPA” means the Scottish Environment Protection Agency established under section 20 of the Environment Act [1995 (c. 25)](https://www.legislation.gov.uk/ukpga/1995/25);

- “SNH” means Scottish Natural Heritage established under section 1 of the Natural Heritage (Scotland) Act [1991 (c. 28)](https://www.legislation.gov.uk/ukpga/1991/28).