Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Forth Crossing Act 2011

Type Act of the Scottish Parliament

Publication 2011-01-20

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — Works

Works for roads purposes

1

(1) Ministers may—

(a) carry out the principal works, being the works set out in schedule 1 for the construction of a new bridge over the Firth of Forth (“the Forth Crossing”) and for the construction or improvement of associated roads and structures, and

(b) carry out and maintain the ancillary works, being—

(i) such works of the type described in schedule 2, and

(ii) such other works of any type,

as Ministers consider necessary or expedient for the purposes of, in connection with, in consequence of or incidental to the carrying out of the principal works or the maintenance of those works under the 1984 Act.

(2) The principal works and the ancillary works are together referred to in this Act as the “Forth Crossing works”.

Bridge proportions

2

Ministers, when carrying out or maintaining the principal works, must ensure—

(a) that the Forth Crossing provides headroom of not less than 47.85 metres above ordnance datum (Newlyn) between—

(i) Central Tower and the North Tower, and

(ii) Central Tower and the South Tower,

(b) that the Central Tower is located on Beamer Rock,

(d) that there is a clear span between the Central Tower and the South Tower which is not less than 580 metres,

(e) that the height of the Central Tower does not exceed 220 metres above ordnance datum (Newlyn), and

(f) that the height of the North Tower and the South Tower does not exceed 210 metres above ordnance datum (Newlyn).

Maximum construction height

3

Ministers, when carrying out or maintaining the principal works, may not operate above the maximum construction height without the consent of the airport operator of Edinburgh Airport.

Limits of deviation etc.

4

(1) Subject to sections 2 and 3, Ministers, when carrying out or maintaining the principal works, may—

(a) deviate laterally from the lines or situations shown on the Parliamentary plans to any extent within the limits of deviation, and

(b) deviate vertically from the levels shown on the Parliamentary sections to any extent upwards or downwards.

(2) Ministers may carry out and maintain the ancillary works only within the Act limits.

Bridge marking and lighting

5

(1) Ministers must—

(a) ensure that the Forth Crossing is adequately marked and lit—

(i) during construction, and

(ii) at all times after construction,

(b) maintain the marking and lighting in good working condition (for example, by acting as soon as reasonably practical to rectify any defects or failures which cause the marking and lighting to fall below that standard), and

(c) immediately notify the airport operator of Edinburgh Airport of any defect or failure in the marking or lighting which cause it to fall below that standard.

(2) Ministers must consult the airport operator of Edinburgh Airport on the marking and lighting of the Forth Crossing—

(a) before construction of the Forth Crossing begins,

(b) immediately after construction of the Forth Crossing is complete,

(c) before any of the marking or lighting is renewed or replaced (except where done so as an urgent repair or in accordance with routine maintenance), and

(d) at other times as they think fit.

(3) Ministers must comply with any reasonable request notified to them by the airport operator of Edinburgh Airport which—

(a) concerns the marking and lighting of the Forth Crossing,

(b) is made in order to discharge an obligation on the operator which—

(i) concerns aviation security and safety, and

(ii) arises by virtue of any enactment,

(d) is not inconsistent with any other obligation on Ministers under any enactment.

Interference with navigation

6

(1) Ministers, when carrying out the Forth Crossing works, may interfere with a right of navigation in the Firth of Forth (within the Act limits) but only—

(a) to the extent as may be required to carry out or maintain the Forth Crossing works, or

(b) where the Forth Crossing works may endanger navigation.

(2) The interference with navigation may consist of such steps as Ministers consider necessary, including—

(a) controlling navigation,

(b) temporary closure of the Firth of Forth, or a part of it, to navigation,

(d) construction of temporary structures,

(e) construction of facilities for temporary mooring or anchoring of barges and other vessels,

(f) placing, removing or maintaining buoys, beacons or other navigational warning apparatus.

(3) Ministers must—

(a) consult the relevant navigation authority before interfering with a right of navigation, and

(b) take reasonable steps to secure that the minimum obstruction, delay or interference is caused to vessels using or intending to use the Firth of Forth.

(4) Ministers are not liable for any loss arising (including any costs or expenses sustained) as a direct or indirect result of exercising their powers under this section.

Dredging etc.

7

(1) Ministers, when carrying out or maintaining the Forth Crossing works, may deepen, widen, dredge, scour, cleanse, alter, improve, or blast rock on any part of the bed of the Firth of Forth (within the limits of deviation).

(2) Ministers may use, appropriate or dispose of anything removed in exercise of the power conferred by this section.

Marine (Scotland) Act 2010

8

No activity authorised by this Act constitutes a licensable marine activity for the purposes of Part 4 of the Marine (Scotland) Act 2010 (asp 5).

Interference with railways

9

Ministers must—

(a) consult the relevant railway undertaker before beginning any ancillary works which they consider may interfere with a railway, and

(b) consider any representations by the undertaker on the carrying out of those works.

Trees and shrubs

10

(1) Ministers may cut down or lop, or cut back the roots of, any tree or shrub near any part of the Forth Crossing works where they consider that such action is reasonably necessary in order to prevent the tree or shrub from—

(a) obstructing or otherwise interfering with the carrying out, maintenance or operation of the Forth Crossing works,

(b) obstructing or otherwise interfering with any apparatus used in connection with the Forth Crossing works, or

(2) Ministers, when taking such action in relation to a tree or shrub, must make reasonable efforts to avoid unnecessary damage to the tree or shrub.

(3) Neither—

(a) a tree preservation order made under section 160(1) of the 1997 Act, nor

(b) section 172 of the 1997 Act,

has effect in relation to anything Ministers do for the purposes of the Forth Crossing works in relation to a tree, group of trees or woodland.

Part 2 — Roads

Special roads

11

(1) Ministers may designate any road or proposed road identified in schedule 3 (or any part of such a road) as a special road for the use by traffic falling within such classes set out in Schedule 3 to the 1984 Act as are specified in column (4) of schedule 3.

(2) Ministers must—

(a) give notice of a designation (and of the date from which it takes effect) to—

(i) the local authority for each area through which the road runs, and

(ii) the navigation authority for any water which the road crosses, and

(b) take such steps as they consider reasonable to bring the designation, and the date from which it takes effect, to the attention of the public.

(3) Ministers are to be treated for the purposes of the 1984 Act and all other enactments as having been authorised by a scheme under section 7 of the 1984 Act to provide a special road designated under this section (and are accordingly to be the “special roads authority” in relation to that road).

(4) This section is, for the purposes of section 145 of the 1984 Act, to be treated as a scheme made under section 7 of the 1984 Act (and section 145 of the 1984 Act accordingly operates, with necessary modifications, to allow the repeal or other modification of this section).

Trunk roads

12

(1) Each proposed road identified in schedule 3 or 4 becomes a trunk road on the date this subsection comes into force.

(2) A road identified in schedule 5 becomes a trunk road on such date as is determined by Ministers.

(3) A road designated under section 11 as a special road which is not already a trunk road becomes a trunk road on the day it becomes a special road.

(4) Ministers must—

(a) give notice of a determination (and of the date from which it takes effect) to—

(i) the local authority for each area through which the road runs, and

(ii) the navigation authority for any water which the road crosses, and

(b) take such steps as they consider reasonable to bring the determination, and the date from which it takes effect, to the attention of the public.

(5) Section 112 of the 1984 Act applies (with any necessary modifications) where a road becomes a trunk road by virtue of subsection (2) or (3).

(6) Nothing in this section prevents Ministers from detrunking a road which becomes a trunk road under this section (or any part of such a road) by making a subsequent order to that effect under section 5 of the 1984 Act.

(7) In the definition of “trunk road” in section 151(1) of the 1984 Act, after “Town and Country Planning (Scotland) Act 1997” insert “ or by virtue of section 12 of the Forth Crossing Act 2011 (asp 2) ”.

Roads to be transferred to local roads authorities

13

(1) Ministers must, before beginning a work specified in column (3) of schedule 6—

(a) consult the relevant local roads authority listed in column (4) of schedule 6, and

(b) consider any representations by the authority on the carrying out of that work.

(2) Each road identified in schedule 6 is transferred to the local roads authority listed for that road in column (4) of that schedule on its transfer date.

(3) The transfer date for a road identified in schedule 6 is the next 1st April following the date on which Ministers notify the local roads authority that the road is opened for the purposes of through traffic.

(4) Section 112 of the 1984 Act applies (with any necessary modifications) to the transfer of such a road to the local roads authority, whether or not the road in question is a trunk road.

Stopping up of roads

14

(1) Ministers may, when carrying out the Forth Crossing works, stop up each road identified in schedule 7.

(2) A road identified in Part 2 of schedule 7 must not be stopped up unless—

(a) the substitute for the road identified in column (5) of Part 2 of schedule 7 has been completed and is available for use, or

(b) a temporary alternative road is provided and is available for use.

(3) Ministers may, without making any payment, appropriate and use for the purposes of the Forth Crossing works so much of a stopped up road as is bounded on both sides by land within the limits of deviation.

(4) Ministers must, before stopping up any road, take such steps as they consider reasonable to bring the closure date, and any alternative road, to the attention of the public.

(5) Where Ministers open a substitute road identified in column (5) of Part 2 of schedule 7, they must—

(a) notify the local authority for each area through which the road runs, and

(b) take such steps as they consider reasonable to bring the opening, and the date from which it takes effect, to the attention of the public.

Stopping up of means of access

15

(1) Ministers may, when carrying out the Forth Crossing works, stop up each means of access to land identified in schedule 8.

(2) A means of access identified in Part 2 of schedule 8 must not be stopped up unless—

(a) the substitute for the means of access identified in column (5) of Part 2 of schedule 8 has been completed and is available for use, or

(b) a temporary alternative means of access is provided and is available for use.

(3) Ministers must, before stopping up a means of access, take such steps as they consider reasonable to bring the closure date, and any alternative means of access, to the attention of the owner and occupier of the land.

(4) Where subsection (2)(a) applies, Ministers must give the owner of the land containing the stopped up means of access notice when the substitute means of access is complete (a “completion notice”).

(5) An owner may, within 28 days of a completion notice being given, object to Ministers on the ground that the substitute means of access is not completed.

(6) On receipt of an objection, Ministers may—

(a) withdraw a completion notice and carry out further works on the substitute means of access, or

(b) refer the dispute to the Lands Tribunal for determination (and notify the objector that it has been so referred).

(7) Ministers must carry out reasonable maintenance of a substitute means of access for the 12 months after—

(a) the date of the original or any re-issued completion notice, or

(b) in the case of a dispute referred to the Lands Tribunal, the earlier of—

(i) the date of final Lands Tribunal decision, or

(ii) the date of final settlement of the matter.

Extinction of rights of way

16

All rights of way over any part of a road or means of access stopped up under section 14 or 15 are extinguished.

Solum of stopped up road

17

(1) The solum of a stopped up road is to vest—

(a) in the owner of the land adjoining the stopped up road unless—

(i) paragraph (b) applies, or

(ii) it is subject to a prior claim of any person by reason of title,

(b) in Ministers where they own, have served a notice to treat in relation to, or have made a general vesting declaration in relation to, any land adjoining the stopped up road.

(2) Any dispute arising under this section as to the vesting of the solum may be referred on summary application by any interested party to the sheriff in whose sheriffdom the land is located; and the decision of the sheriff on the matter is final.

Works in roads where Ministers are not the roads authority

18

(1) This section applies to Forth Crossing works in a road for which Ministers are not the roads authority.

(2) Ministers must—

(a) before commencing the works—

(i) consult the roads authority for that road,

(ii) consider any representations by the authority on the carrying out of the works, and

(b) enter in the Scottish Road Works Register such information relating to the works and to their completion as would have been required under section 112B(5) and (6) of the 1991 Act had the works been carried out under section 2 of the 1984 Act.

(3) The roads authority—

(a) does not acquire any right or liability in respect of the carrying out of the works, including rights or liabilities in respect of—

(i) work done, services rendered, goods delivered, or money due for payment, before the date of completion of the works,

(ii) damages or compensation for any act or omission before that date, or

(iii) the price of, or compensation for, any land purchased, or for which a contract to purchase has been made, before that date,

(b) must produce to Ministers such documents and other information as Ministers may require relating to those rights and liabilities.

(4) Any dispute between Ministers and the roads authority as to the rights and liabilities in respect of the carrying out of the works is to be resolved by arbitration.

Access to public roads

19

(1) Roads authority consent is not required for Forth Crossing works consisting of works to provide new, or to improve an existing, means of access to or from a public road.

(2) Ministers must, before beginning any such works—

(a) consult the local roads authority for the public road, and

(b) consider any representations by the authority on the carrying out of those works.

Application of the Roads (Scotland) Act 1984

20

(1) Section 10 (certain special roads to be trunk roads) of the 1984 Act does not apply to the creation of a special road under this Act.

(2) Part 3 (new roads) of the 1984 Act does not apply to the construction of roads as part of the Forth Crossing works.

(3) Section 56 to 61A (control of works and excavations) of the 1984 Act do not apply to the Forth Crossing works.

(4) Sections 103 to 111 (acquisition of land) of the 1984 Act do not apply to the acquisition of land for the Forth Crossing works.

Part 3 — Land

Incorporation of enactments

21

(1) The Lands Clauses Acts are incorporated with this Act, except sections 15, 16, 18, 20 to 60, 62 to 66, 83 to 88, 90, 116, 120 to 124 and 142 and 143 of the 1845 Lands Act.

(2) Section 6, and sections 71 to 78 (as originally enacted), of the Railways Clauses Consolidation (Scotland) Act 1845 (c.33) are incorporated with this Act.

(3) Provisions incorporated by this section apply only in so far as they are not inconsistent with, or expressly varied by, any provision of this Act.

(4) In construing provisions incorporated by this section—

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.