Roads (Scotland) Act 1984

Part I — Public Roads

General powers and duties of roads authorities

Discontinuation of operation of certain swing bridges.

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• (1) Subject to subsection (10) below, a local roads authority shall manage and maintain all such roads in their area as are for the time being entered in a list (in this Act referred to as their “list of public roads”) prepared and kept by them under this section; and for the purposes of such management and maintenance (and without prejudice to this subsection’s generality) they shall, subject to the provisions of this Act, have power to reconstruct, alter, widen, improve or renew any such road or to determine the means by which the public right of passage over it, or over any part of it, may be exercised.

• (2) Subject to subsection (10) below, the list of public roads prepared by the local roads authority shall, at the date of commencement of this section, comprise all public roads which immediately prior to that date were required to be entered by the local highway authority for the area in a list of the roads highways and bridges under their management and control under section 41 of the Roads and Bridges (Scotland) Act 1878 or in a register of streets under section 5 of the Burgh Police (Scotland) Act 1903 or any corresponding local enactment.

• (3) The list of public roads shall be open for inspection free of charge at such reasonable times and places as the local roads authority may determine.

• (4) The local roads authority may, subject to the provisions of this Act, add to or delete from their list of public roads; but before any entry for a road which for the time being is a private road is so added or any entry for a public road is so deleted they shall—

• (a) give notice of their intention in that regard to the frontages of that road; and

• (b) publish a notice of such intention in at least one newspaper circulating in the area,

and, where any representation is made within 28 days after the requirements of paragraphs (a) and (b) above have been fulfilled, the authority shall consider that representation and give notice to the person making it and, with a note or copy of the representation, to the frontagers (or to the other frontagers if it was a representation by a frontager) of the authority’s decision as regards whether or not to proceed with the addition or deletion following the representation:

shall not require such intimation or publication as is mentioned in paragraphs (a) and (b) above.

• (5) The requisite number of frontagers to whom notice of a decision following a representation is given under subsection (4) above may, within 28 days of such notice, refer the matter by summary application to the sheriff. His decision thereon shall, subject to subsection (8) below, be final and, where that decision requires the addition or deletion to be proceeded with, shall be given effect to forthwith by the local roads authority.

• (6) A decision of which notice is given under subsection (4) above shall not be given effect to until the 28 days mentioned in subsection (5) above have expired or, if the matter has been referred under the said subsection (5) to the sheriff, until the summary application has been disposed of or abandoned.

• (7) In subsection (5) above, “the requisite number” means—

• (a) a majority; or

• (b) such number as together owns land which . . . . . . includes not less than half of the boundary between the land fronting or abutting the road mentioned in subsection (4)(a) above and that road; . . . . . .

• (8) Subsection (5) above is without prejudice to the rights of the local roads authority to proceed again under subsection (4) above as regards the same addition or deletion (or as regards an addition or deletion which comprehends, or is comprehended in, the same addition or deletion) where there has been a material change of circumstances since the publication, in relation to the original proposed addition or deletion, of the notice under subsection (4)(b) above.

• (9) Subject to subsection (10) below, every road which is entered in the list of public roads kept by a local roads authority shall vest in the authority for the purposes of their functions as roads authority: but such vesting shall not confer on an authority any heritable right in relation to a road.

• (10) There shall not vest under subsection (9) above any bridge which both—

• (a) immediately prior to the commencement of this section was not so managed and controlled as is mentioned in subsection (2) above; and

• (b) has not since such commencement been acquired (whether compulsorily or by agreement) by the local roads authority,

and without prejudice to sections 79 to 81 of this Act, until such acquisition the authority shall not manage and maintain the bridge (as distinct from any road carried by it) and any entry in their list of public roads in respect of such a road shall include a statement to the effect that the road does not, for the purposes of subsection (1) above, comprise the bridge carrying the road.

Powers and duties of Secretary of State as roads authority: management and maintenance

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• (1) The Secretary of State shall manage and maintain—

• (a) trunk roads;

• (b) special roads provided by him; and

• (c) any other road constructed by him under section 19 of this Act (or section 8 of the Development and Road Improvement Funds Act 1909) and not entered in a list of public roads by a local roads authority,

and for the purposes of such management and maintenance (and without prejudice to this subsection’s generality) he shall have power to reconstruct, alter, widen, improve or renew any such road or to determine the means by which the public right of passage over it, or over any part of it, may be exercised.

• (2) The Secretary of State shall prepare and keep a list of roads which he is for the time being liable to manage and maintain under subsection (1) above; and the list shall, at the date of commencement of this section, comprise all roads which immediately prior to that date were managed and maintained by him.

• (3) The list referred to in subsection (2) above shall be open for inspection free of charge at such reasonable times and places as the Secretary of state may determine.

• (4) Every road maintainable by the Secretary of State under subsection (1) above shall vest in him for the purposes of his functions as roads authority; but such vesting shall not confer on him any heritable right in relation to a road.

Power of Secretary of State to make advances to local roads authorities etc.

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• (1) The Secretary of State . . . may subject to subsection (2)(b)(iii) below make to a local roads authority—

• (a) advances (other than advances in respect of the acquisition of land) in respect of the construction of new roads or the maintenance or improvement of roads or make such advances in conjunction with such an authority (whether or not that authority is the roads authority by whom the road is, or as the case may be will be, maintainable) to any person;

• (b) advances in respect of the acquisition of land by them where he is satisfied that the land has been or is to be acquired by the authority with a view to the construction of a new road or the improvement of a road.

• (2) The advances mentioned—

• (a) in paragraph (a) of subsection (1) above may include advances for the purpose of carrying out surveys with a view to ascertaining the need for the construction or improvement of roads (whether or not such construction or improvement is thereafter proceeded with); and

• (b) in paragraphs (a) and (b) of that subsection—

• (i) may include advances in connection with the exercise of any power conferred on a local roads authority by section 52, 53 or 106 of this Act;

• (ii) may include advances for any purpose incidental, or conducive, to the purposes mentioned in those paragraphs; and

• (iii) shall be made only where it appears to the Secretary of State that the whole or any part of the expenditure in respect of which such advances could be made should not fall on the authority.

• (3) Without prejudice to subsection (2)(b)(iii) above, the advances mentioned in paragraph (b) of subsection (1) above may include, where the land is acquired by the authority, either or both of—

• (a) any amount by which the annual expenditure incurred by the authority in maintaining the land, during the period between its acquisition and the construction or improvement of the road in question, and in the payment of loan charges accruing due during that period in respect of any debt incurred by the authority for the purpose of acquiring the land, exceeds the annual income accruing to the authority from the land during that period; and

• (b) any loan charges accruing due after the end of that period in respect of any money borrowed by the authority for the purpose of acquiring the land.

• (4) An advance under subsection (1)(a) or (b) above may be either by way of grant or by way of loan, or partly in one way and partly in the other, and shall be upon such terms and subject to such conditions as the Secretary of State thinks fit.

• (5) In subsection (3) above, “loan charges”, in relation to any borrowed money, means the sums required for the payment of interest on that money and for the repayment thereof by instalments or by means of a sinking fund.

Agreements between authorities

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• (1) Subject to subsections (2) to (5) below, the Secretary of State may enter into an agreement with a local roads authority . . . in relation to cleansing, with a district council, for the carrying out by the authority . . . or any of his functions as roads authority—

• (a) in relation to a trunk or other road or land acquired by him under this Act in connection with, but not forming part of, a trunk road;

• (b) in relation to cattle-grids.

• (2) Subsection (1) above does not apply as regards functions under section 55 of this Act, but subject to subsections (4) and (5) below, the Secretary of State may enter into an agreement with a general or district planning authority for the carrying out by the authority of any of his functions under that section.

• (3) Where an agreement under subsection (1) above affects a trunk road in the area of a local roads authority who are not a party to the agreement, the agreement shall have effect only if the authority consent to it.

• (4) An authority doing anything under an agreement entered into under this section act as agents for the Secretary of State, and nothing in any such agreement affects his status as roads authority.

• (5) The functions of the Secretary of State mentioned in sub-sections (1) and (2) above do not include his functions under Schedules 1 and 2 to this Act.

Trunk roads

Trunk roads

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• (1) Subject to the provisions of this section, all roads which immediately before the commencement of this section were trunk roads within the meaning of the Trunk Roads Acts 1936 and 1946 shall continue to be, and to be known as, trunk roads.

• (2) The Secretary of State shall keep under review the national system of routes for through traffic in Scotland, and if he is satisfied, after taking into consideration the requirements of local and national planning, including the requirements of agriculture and industry, that it is expedient for the purpose of extending, improving or reorganising that system either—

• (a) that any existing road, or any road proposed to be constructed by him, should become a trunk road, or

• (b) that any trunk road should cease to be a trunk road,

he may by order direct that the road shall become, or as the case may be shall cease to be, a trunk road as from such date as may be specified in that regard in the order.

• (3) The power of the Secretary of State under subsection (2)(a) above shall include power to direct that a road, or a proposed road, which he considers suitable for the purpose of relieving the trunk road from local traffic shall become part of the trunk road, whether or not there is (or will be) intervening land between those roads.

• (4) Subject to subsection (7)(i) below, Parts I and III of Schedule 1 to this Act shall have effect in connection with the making of an order under this section, and Schedule 2 to this Act shall have effect in connection with the validity and date of operation of any such order.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Where an order under this section directs that a road shall cease to be a trunk road it may also direct that—

• (a) as from the date specified in that regard in the order, the local roads authority for the area shall become the roads authority for the road; and

• (b) the authority shall enter the road in their list of public roads.

• (7) If an order—

• (a) under this section, or

• (b) under section 1(3) of the Trunk Roads Act 1936 and continuing in force by virtue of paragraph 5 of Schedule 6 to this Act,

directing that a road which the Secretary of State proposes to construct shall become a trunk road—

• (i) is revoked by a subsequent order made at any time before the date on which that road is opened for the purposes of through traffic, Schedules 1 and 2 to this Act shall have no effect as regards the revoking order, but within 28 days of the revoking order’s having been made notice of the revocation shall be published by the Secretary of State in the Edinburgh Gazette and in such other manner as he thinks best adapted for informing persons affected;

• (ii) is revoked or varied by a subsequent order made at any such time as aforesaid, the revoking or varying order shall not be deemed for the purposes of subsection (6) above to be an order directing that a road shall cease to be a trunk road.

• (8) Without prejudice to the powers of the Secretary of State under this Act—

• (a) to improve trunk roads by the construction of cycle tracks and footways for use in connection therewith, or

• (b) to provide such tracks or footways as part of any trunk road which he is authorised to construct,

the power to make an order under this section directing that a road proposed to be constructed by the Secretary of State shall become a trunk road may be exercised in relation to any cycle track or footpath which the Secretary of State proposes to construct upon land separated by intervening land from the trunk road in connection with which it is to be used.

• (9) A local roads authority, if they think fit, may contribute towards costs incurred by the Secretary of State in the construction or improvement of any trunk road.

Local and private Act functions with respect to trunk roads

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As from the date when a road becomes a trunk road, any functions of construction, maintenance or improvement exercisable as respects that road by a local roads authority under any local or private Act shall instead be exercisable by the Secretary of State.

Special roads

General provision as to special roads

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• (1) Subject to the provisions of this Act, all such roads as immediately before the commencement of this Act were special roads, being roads provided in pursuance of a scheme made under section 1 of the Special Roads Act 1949, shall continue to be, and to be known as, special roads.

• (2) Roads which continue to be special roads by virtue of subsection (1) above shall continue, subject to the provisions of this Act, to be special roads for the use of traffic of the classes for the use of which they were special roads immediately before the commencement of this Act.

• (3) A roads authority may be authorised by means of a scheme under this section to provide, along a route prescribed by the scheme, a special road for the use of traffic of any class so prescribed.

• (4) Subject to subsection (10) below, a roads authority authorised by a scheme under this section, or by any such scheme as is referred to in subsection (1) above, to provide a special road are in this Act referred to in relation to that road as the “special road authority”.

• (5) A special road authorised by a scheme under this section may be provided by means of—

• (a) the construction by the special road authority of a new road along the route prescribed by the scheme or along any part of that route;

• (b) the appropriation under this Act of any road (or proposed road in course of construction) comprised in that route for which the special road authority are the roads authority;

• (c) the transfer to that authority under this Act of any road (or proposed road in course of construction) comprised in that route for which they are not the roads authority.

• (6) A scheme under this section authorising the provision of a special road shall—

• (a) in the case of a road to be provided by the Secretary of State, be made by the Secretary of State, and

• (b) in the case of a road to be provided by a local roads authority, be made by that authority and confirmed by the Secretary of State,

in accordance with the provisions of Parts II and III of Schedule 1 to this Act.

• (7) Before making or confirming a scheme under this section, the Secretary of State shall give due consideration to the requirements of local and national planning, and to the requirements of agriculture and industry.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) ... Schedule 2 to this Act shall have effect with respect to the validity and date of operation of schemes under this section .

• (10) A scheme under this section may be submitted to the Secretary of State jointly by any two or more local roads authorities, and any such scheme may determine which of those authorities shall be the special road authority for the special road and may provide—

• (a) for the performance by the special road authority, in relation to the road, of any roads functions of another authority who are party to the submission; and

• (b) for the making of contributions by that other authority to the special road authority in respect of expenditure incurred in the performance of those functions.

Further provision as regards classification of traffic for purposes of special roads

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• (1) Different classes of traffic may be prescribed by a scheme under section 7 of this Act in relation to different parts of the special road to which the scheme relates.

• (2) The classes of traffic prescribed by any such scheme shall be prescribed by reference to the classes set out in Schedule 3 to this Act.

• (3) The Secretary of State may by order vary the classes of traffic specified in the said Schedule 3 and the composition of any such class; . . .

• (4) A variation order may contain provision applying the variations made by the order to existing schemes (whether made by the Secretary of State or a local roads authority); and in the absence of such provision a variation order does not affect the classes of traffic prescribed in an existing scheme.

• (5) In subsection (4) above an “existing scheme” means a scheme under section 7 made before the order comes into operation.

Supplementary orders relating to special roads

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• (1) Subject to section 113 of this Act, provision in relation to a special road may be made by an order under this section—

• (a) for appropriating as part of the special road, as from such date as may be specified in the order, any road (or proposed road in course of construction) comprised in the route prescribed by the scheme authorising the special road and which is a road (or proposed road) for which the special road authority are the roads authority;

• (b) for transferring to the special road authority, as from such date as may be specified in the order, any road (or proposed road in course of construction) comprised in that route and for which they are not the roads authority;

• (c) for authorising the special road authority—

• (i) to stop up, divert, improve or otherwise alter any road which crosses or enters the route of the special road or is or will be otherwise affected by the construction or improvement of the special road;

• (ii) to construct any new road for purposes connected with any such alterations as aforesaid or for any other purpose connected with the special road or its construction and to close after such period as may be specified in the order any new road temporarily so constructed;

• (d) for transferring to such roads authority as may be specified in the order, as from such date as may be so specified any road constructed by the special road authority in pursuance of the order or any previous order made under this section;

• (e) for authorising or requiring the special road authority to exercise, either concurrently with or to the exclusion of any local authority, any functions which, apart from the order, would be exercisable by that local authority in relation to the special road or any part thereof other than functions of special road authority as regional or general planning authority within the meaning of the Town and Country Planning (Scotland) Act 1972; or

• (f) for any other purpose incidental to the purposes aforesaid or otherwise incidental to the construction or maintenance of, or other dealing with, the special road.

• (2) An order under this section shall—

• (a) in the case of a special road provided or to be provided by the Secretary of State, be made by the Secretary of State;

• (b) in the case of a special road provided or to be provided by a local roads authority, be made by that authority and confirmed by the Secretary of State,

in accordance with Parts I and III of Schedule 1 to this Act; and Schedule 2 to this Act shall have effect with respect to the validity and date of operation of any such order.

• (3) No order authorising the stopping up of a road shall be made or confirmed by the Secretary of State under this section unless he is satisfied that another reasonably convenient route is available or will be provided in pursuance of an order under this section before the road is stopped up.

• (4) No order providing for the appropriation by or transfer to a special road authority of an existing road comprised in the route prescribed by the scheme authorising the special road shall be made or confirmed by the Secretary of State under this section unless he is satisfied—

• (a) that another reasonably convenient route is available for traffic other than traffic of the class authorised by the scheme, or will be provided in pursuance of an order under this section before the date on which the appropriation or transfer takes effect, or

• (b) that no such other route is reasonably required for any such other traffic.

• (5) An order under this section may provide for the payment of contributions—

• (a) by the special road authority to any other roads authority in respect of any additional liabilities imposed on that other authority in consequence of the provisions of the order or of any previous order made under this section;

• (b) to the special road authority by any other authority in respect of any liabilities so imposed on the special road authority, being liabilities which would otherwise have fallen to be discharged by the other authority;

and may also provide for the determination by arbitration of disputes as to the payment of such contributions.

Certain special roads to be trunk roads

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• (1) A special road to be provided by the Secretary of State in accordance with a scheme under section 7 of this Act shall, except in so far as it is provided by means of the appropriation or transfer of any existing road, become a trunk road on such date as may be specified in the scheme.

• (2) A road (not being a trunk road) which, by means of an order under section 9 of this Act, is appropriated as a special road to be provided by the Secretary of State, and a road which, by means of such an order, is transferred to the Secretary of State, shall become a trunk road on the date on which it is so appropriated or is so transferred, as the case may be.

• (3) Subsections (1) and (2) above shall have effect subject to any provision of the scheme under section 7 of this Act directing that the special road in question or any part of it shall not be a trunk road; but any such provision shall not affect the power of the Secretary of State to make an order under section 5(2)(a) of this Act with respect to the special road or part.

Classification of roads

Classification of roads

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• (1) The Secretary of State may, for the purposes of—

• (a) any provision of this Act which refers to a classified or unclassified road; or

• (b) any other enactment (whether passed or made before or after the passing of this Act) which refers to a road classified by the Secretary of State,

classify a road or proposed road (whether as a principal road or otherwise) from time to time in such manner as he may determine after consultation with any roads authority in whose area the road is, or will be, situated.

• (2) In any enactment in force at the commencement of this Act a reference to a classified road (or any cognate reference) shall be construed as a reference to a road (or proposed road) which for the time being is classified, for the purposes of that enactment, under subsection (1) above.

• (3) A road which, immediately before the commencement of this Act, bore (or fell to be treated as bearing) a classification (whether as a principal road or otherwise) given by the Secretary of State under any enactment shall, until the Secretary of State otherwise directs, be treated as continuing to bear that classification and as having been so classified under subsection (1) above.

• (4) The Secretary of State may by order assign a new description to a class of roads (or proposed roads) classified under subsection (1) above; and except in so far as the order otherwise provides, any reference in any enactment passed or made before the date of the order to a road (or to a proposed road) in terms of the old description shall be construed as a reference to a road (or to a proposed road) of the new description.

Supplementary

Powers as respects roads that cross or join public roads other than special roads

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• (1) Subject to section 113, and without prejudice to section 9(1)(c), of this Act, provision may be made by the roads authority by an order under this section in relation to a public road (or proposed public road) other than a special road (or proposed public road which is to be a special road)—

• (a) for authorising the roads authority for the road or proposed road (such road (or proposed road) being in this section referred to as the “main road”)—

• (i) to stop up, divert, improve or otherwise alter a road (in this section referred to as the “side road”) which crosses or enters the route of the main road or is or will be otherwise affected by the construction or improvement of the main road;

• (ii) to construct a new road for purposes concerned with any such operation as is mentioned in sub-paragraph (i) above or for any other purpose connected with the main road or its construction, and to close after such period as may be specified in the order any new road temporarily so constructed;

• (b) for transferring to such other roads authority as may be specified in the order, as from such date as may be so specified, a road constructed in pursuance of the order or of any previous order made under this section;

• (c) for any purpose incidental to the purposes aforesaid.

• (2) Parts I and III of Schedule 1 to this Act shall have effect as to the making of an order under this section by the Secretary of State as roads authority; and Schedule 2 to this Act shall have effect as to the validity and date of operation of any such order.

• (3) No order under this section authorising the stopping up of a road shall be made by the Secretary of State unless he is satisfied that another reasonably convenient route is available or will be provided before the road is stopped up.

• (4) An order under this section may provide for the payment of contributions—

• (a) by the roads authority to any other roads authority in respect of any additional liabilities imposed on that other authority in consequence of the order or of any previous order made under this section;

• (b) to the roads authority by any other roads authority in respect of any liabilities so imposed on the first mentioned authority which would otherwise have fallen to be discharged by that other authority;

and may also provide for the determination by arbitration of disputes as to the payment of such contributions.

• (5) Except in a case to which section 132 of this Act applies, an order under this section shall include provision for the preservation of any rights of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across the side road.

• (6) The Secretary of State may by regulations prescribe the procedure to be followed by a local roads authority in making an order under this section; and such regulations may in particular make provision as to the means of public notification of the proposal to make such an order and may make like provision in relation to the local roads authority as is made by subsection (3) above in relation to the Secretary of State.

• (7) Where a local roads authority propose to make an order under this section, then, before the expiry of 28 days from the date of the first public notification, in accordance with regulations under subsection (6) above, of the proposal to make the order, any person may object to it to the authority, and—

• (a) if no such objection is made, or objection is made but withdrawn, they may confirm the order themselves and

• (b) if such objection is made and not withdrawn, the Secretary of State shall determine the matter, and may confirm the order with or without modification or refuse to confirm it.

Part II — Private Roads

Making up and maintenance of private roads

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• (1) The local roads authority may by notice to the frontagers of a private road require them to make the road up to, and maintain it at, such reasonable standard as may be specified in the notice.

• (2) Without prejudice to the generality of subsection (1) above there may be required by notice under that subsection work as regards levelling, paving, lighting or drainage.

• (3) A notice under subsection (1) above shall, without prejudice to the generality of section 136 of this Act, specify—

• (a) the local roads authority’s estimate of the cost of the work required by the notice;

• (b) a scheme whereby the cost is to be apportioned among the frontagers (being a scheme which is equitable in the opinion of the authority and which describes for each frontager the proportion of cost to be paid by him); and

• (c) the dates by which the work shall be commenced and completed:

Provided that the authority may subsequently by notice allow a postponement of commencement or completion (or both).

• (4) Without prejudice to subsection (5) below, a requirement imposed on frontagers by a notice under subsection (1) above may, if the requisite number of the frontagers so agree, be fulfilled on behalf of the frontagers by the local roads authority.

• (5) Where the date specified in a notice under subsection (1) above for the commencement or, as the case may be, completion of the work specified in the notice expires without the work having been commenced or, as the case may be, completed, the local roads authority may carry out or complete the work.

• (6) Without prejudice to section 14 of this Act, the expenses incurred by a local roads authority under subsection (4) or (5) above shall be recoverable from the frontagers in accordance with the scheme referred to in the notice mentioned in those subsections.

• (7) A person upon whom a notice has been served under subsection (1) above may within 28 days of such service appeal by summary application to the sheriff; and the sheriff’s decision on the matter shall be final.

• (8) In subsection (4) above, “the requisite number” has the same meaning in relation to the private road and the land fronting or abutting the road as it has in section 1(7) of this Act in relation to the road and land mentioned in that section.

Power to contribute to, or carry out, work on private roads

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• (1) A local roads authority may, if they think fit, pay the whole or any part of any expenditure incurred by a person in making up or maintaining a private road; and may, without prejudice to section 15 of this Act, at their own expense carry out any repair which they consider necessary in relation to a private road after giving such notice as is reasonable in the circumstances.

• (2) For the avoidance of doubt—

• (a) a local roads authority do not incur responsibility for making up or maintenance of the private road by reason only of their acting under subsection (1) above;

• (b) the carrying out of work by a local roads authority under subsection (1) above does not create any implication that the private road, on completion of the work, is of a standard satisfactory to the authority for the purposes of section 16(1)(b) of this Act.

Emergency work in relation to private roads

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• (1) The local roads authority may, if in their opinion work in relation to a private road is necessary because circumstances constituting an emergency (other than an emergency constituted by such danger as is mentioned in section 91 of this Act) have arisen, carry out that work; and they shall not require to give any notice of their intention in that regard other than such (if any) as those circumstances appear to them to admit.

• (2) The expenses of carrying out work under subsection (1) above shall be borne by the authority.

Application for private road to become public road

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• (1) If a private road—

• (a) is of such standard as has last been required by relevant notice under section 13(1) of this Act; or

• (b) where no such standard has been so required, is of a standard satisfactory to the local roads authority,

then, if application is made to them under this subsection by the requisite number of frontagers for such addition, the authority shall, subject to subsection (4) below, within 12 months of the application add the road to their list of public roads:

• (2) If, on completion of a private road constructed in accordance with a construction consent granted under section 21(3) of this Act, the person granted such consent applies, as respects the road, under this subsection to the local roads authority they shall within 12 months of the application add the road to their list of public roads.

• (3) Any dispute in relation to—

• (a) subsection (1) above, between the local roads authority and any frontager; or

• (b) subsection (2) above, between that authority and a person applying (or purporting to apply) under that subsection,

shall be determined by arbitration by a single arbiter appointed in default of agreement by the sheriff on the application of either party.

• (4) Without prejudice to any addition made under subsection (1) or (2) above, the said subsection (1) or as the case may be (2) does not impose a duty as respects a road which within the period there allowed for such addition deteriorates to a standard below that mentioned in the said subsection (1).

• (5) In the foregoing provisions of this section—

• “road” does not include a footpath; and

• “the requisite number” has the same meaning in relation to that road and the land fronting or abutting the road as it has in section 1(7) of this Act in relation to the road and land mentioned in that section.

Security for private road works relating to housing

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• (1) Subject to subsection (3)(a) below, this section applies where—

• (a) it is proposed to—

• (i) erect a building; or

• (ii) alter an existing building which is not a private dwellinghouse,

for use as a private dwellinghouse; and

• (b) the land comprising the building fronts or abuts or, as the case may be, will front or abut a private road which—

• (i) has not been constructed; or

• (ii) is not of a standard mentioned in section 16(1) of this Act.

• (2) The Secretary of State may by regulations make provision for securing that, in a case to which this section applies, the erection or alteration shall not commence until—

• (a) any construction consent required for the road under section 21(1) of this Act has been obtained; and

• (b) there has been deposited with the local roads authority, or secured to their satisfaction, a sum sufficient to meet the cost of constructing the road in accordance with the construction consent or, as the case may be, of making the road up to the standard mentioned as aforesaid.

• (3) Without prejudice to the generality of subsection (2) above, regulations under that subsection may—

• (a) provide that this section—

• (i) shall not apply to a particular class or particular classes of dwellinghouse; or

• (ii) shall apply to any such class or classes subject to such modifications as the regulations may specify;

• (b) provide that in a case to which this section applies a person carrying out works in contravention of, or otherwise than in accordance with, the regulations commits an offence and is liable on summary conviction to a fine not exceeding the statutory maximum and conviction on indictment to a fine;

• (c) provide that—

• (i) in a case where circumstances mentioned in provisions made under paragraph (d)(vi) below have arisen the local roads authority shall construct the road or, as the case may be, make it up to the standard mentioned in section 16(1) of this Act; and

• (ii) subsection (2) of section 20 of this Act shall apply to a road so constructed or made up as that subsection applies to a road constructed under subsection (1) of that section; and

• (d) make provision as to—

• (i) such deposit or security as is mentioned in subsection (2)(b) above;

• (ii) circumstances in which such deposit or security may be dispensed with;

• (iii) calculation of the amount of the sum mentioned in the said subsection (2)(b) and the apportionment of that amount where more than one person is liable, by virtue of this section, to deposit or secure that sum in respect of the same road;

• (iv) conditions under which the local roads authority shall hold any such deposit;

• (v) repayment of such deposit or discharge of such security; and

• (vi) circumstances in which, and procedure by which, such deposit may be applied or, as the case may be, such security may be called up and the proceeds thereof applied, to meet the cost of the works in respect of which the deposit or security was held.

• (4) Any dispute between a local roads authority and any person as to a matter arising from the foregoing provisions of this section or from regulations made thereunder shall be determined by a single arbiter appointed, in default of agreement, by the sheriff on the application of either party.

• (5) In subsection (3) above, “the statutory maximum” has the meaning ascribed to it by section 74 of the Criminal Justice Act 1982.

Power of local roads authority to take over footpaths associated with development

18

• (1) A local roads authority may enter into an agreement—

• (a) with every owner of land which is associated with or forms part of a development and on which there is, or is to be constructed, a footpath so associated; or

• (b) where a person other than the owner of the land is or will be responsible for the maintenance or construction of the footpath, with that other person,

whereby, if the footpath, is made up to the satisfaction of the authority, they shall enter it in their list of public roads; but where the owner or other person fails within such reasonable period as may be specified in the agreement to make up the footpath to the authority’s satisfaction, they may themselves carry out the work and recover from him such expenses as are reasonably incurred in so doing.

• (2) Subject to subsection (3) below, where as regards an existing footpath a local roads authority are of the opinion that the obtaining of such agreement as is mentioned in subsection (1) above is not reasonably practicable, they may notwithstanding the absence of such agreement, enter the footpath in their list of public roads.

• (3) A local roads authority shall not exercise the power conferred on them by subsection (2) above unless they have taken all reasonable steps to ascertain the identity of every owner of the land on which the footpath is, or is to be constructed and have obtained the consent to such exercise of a majority of those owners whose identities they have ascertained.

• (4) In the foregoing provisions of this section “development” means residential or commercial building operations which will be, are being, or have been, carried out on land.

Part III — New Roads

Construction of new roads by Secretary of State as roads authority

19

• (1) Subject to, subsections (2) and (3) below, the Secretary of State, . . ., may construct new trunk and other roads.

• (2) Without prejudice to section 5(4) and (5) of this Act, before constructing a road other than a trunk road under subsection (1) above, the Secretary of State shall consult every local roads authority in whose area any part of the road will be situated and shall consider any objections to the road which he may receive from them.

• (3) Without prejudice to section 7(3) and (5)(a) of this Act, the “other roads” referred to in subsection (1) above do not include special roads.

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

20

• (1) Without prejudice to section 7(3) and (5)(a) of this Act, a local roads authority may construct in their area any new road, other than a special road, which they consider requisite.

• (2) When such construction by them as is mentioned in subsection (1) above or in the said section 7(5)(a) is completed, the local roads authority shall enter the road (or as the case may be special road) in their list of public roads.

Requirement of consent for new roads built other than by roads authority

21

• (1) A person other than a roads authority who wishes to construct a new road or an extension of an existing road shall before commencing such construction obtain the consent (in this section and in sections 22 and 23 of this Act referred to as “construction consent”) thereto of the local roads authority.

• (2) An application for construction consent—

• (a) shall be in writing in such from as the local roads authority may determine; and

• (b) shall by notice be intimated by the applicant to—

• (i) the owners of all land which would front, abut or be comprehended in the new road or the extension of the existing road; and

• (ii) such other persons, if any, as the authority may, for the purposes of the application, specify..

• (3) The local roads authority shall consider any written representations, made to them within 28 days of the date of intimation, by any person to whom an application has been intimated under subsection (2)(b) above, and may thereafter—

• (a) subject to subsection (4) below, grant construction consent, either without conditions or subject to such conditions as they think fit; or

• (b) refuse construction consent;

and before granting the consent subject to a condition (other than the condition mentioned in subsection (4) below) or refusing consent, the authority shall allow the person applying for the consent an opportunity to be heard by them as regards his application.

• (4) It shall be a condition of any construction consent that the construction be completed within such period, being a period of not less than three years from the date on which the consent is given, as the local roads authority may specify in writing in the consent; but the authority may subsequently by notice extend the period so specified.

• (5) Without prejudice to section 22(b) of this Act, where a condition imposed by a construction consent has been contravened or not complied with, the local roads authority may, by notice served on the person holding the consent, require him to bring the new road into conformity with the construction consent within such reasonable period as they shall specify in the notice.

• (6) An applicant for construction consent may, within 28 days of the date of the intimation to him of a decision of the local roads authority—

• (a) refusing his application; or

• (b) granting it subject to conditions other than a condition that the construction be completed within 3 years of the date on which the consent was given,

appeal to the Secretary of State in accordance with the procedure prescribed by any regulations under subsection (7) below.

• (7) The Secretary of State may by regulations prescribe the procedure to be followed in relation to an appeal to him under subsection (6) above, and such regulations may, without prejudice to the foregoing generality, make provision for the determination of any such appeal by a person appointed by the Secretary of State and for the powers and duties of such a person in that regard.

• (8) The determination of an appeal under subsection (6) above may allow or dismiss the appeal, may modify any part of the decision of the local roads authority and shall be final.

Offences in relation to construction of new roads

22

Any person (other than a roads authority)—

• (a) who constructs a new road or an extension of an existing road without construction consent; or

• (b) who contravenes, or fails to comply with, a condition (other than such condition as is mentioned in section 21(4) of this Act) imposed by a construction consent,

commits an offence, which shall be triable either summarily or on indictment.

Power to stop up or temporarily close new road where construction consent absent or not conformed with

23

• (1) The local roads authority may stop up or temporarily close any new road which another person (other than a roads authority) has constructed—

• (a) without construction consent; or

• (b) in contravention of, or non-compliance with, a condition imposed by a construction consent.

• (2) Stopping up or temporary closure under subsection (1) above may take place whether or not proceedings are pending under section 22 of this Act but shall be ended if, in any such proceedings, it is found—

• (a) in a case where the stopping up or closure took place on the basis that there was no construction consent, that there was such consent; or

• (b) in any other case, that there was no contravention of, or failure to comply with, the construction consent condition to which the proceedings relate.

Part IV — Improvements and Maintenance

Levels

Alteration of levels of public roads

24

Subject to any order under section 9 or 12 of this Act, the roads authority may raise or lower or otherwise alter, as they think fit, the level of a public road.

Safety

Provision of footways

25

A roads authority shall provide, wherever it appears to them necessary or desirable for the safety or convenience of pedestrians so to do, proper and sufficient footways for public roads.

Pedestrian subways and footbridges

26

The roads authority may, for the purpose of making the crossing of a public road less dangerous for pedestrians or of protecting traffic along the road from danger, construct, light, and maintain subways under, or footbridges over, the road for the use of pedestrians.

Dual carriageways, roundabouts and refuges

27

The roads authority may construct and maintain works in the carriageway of a public road—

• (a) along any length of the road for separating a part which is to be used by traffic moving in one direction from a part which is to be used (whether at all times or at particular times only) by traffic moving in the other;

• (b) at junctions of the road for regulating the movement of traffic; or

• (c) for providing places of refuge for the protection of pedestrians crossing the road.

Fences etc. to safeguard persons using public roads

28

The roads authority may, for the purpose of safeguarding persons using a public road, provide and maintain such raised paving, pillars, walls, rails, fences or barriers as they think necessary at any of the following places—

• (a) between any of the following and any other of the following—

• (i) a footway;

• (ii) a footpath;

• (iii) a cycle track;

• (iv) a carriageway,

• (b) along a cycle track so as to segregate classes of users thereof,

• (c) where a footpath gives direct access to the road on the footpath at or near the point of access, or

• (d) along the sides of bridges, embankments or other dangerous parts of the road.

Further provision as to fences

29

• (1) Subject to subsection (2) below, the roads authority may erect and maintain—

• (a) fences or posts for the purpose of preventing access to a road or proposed road; and

• (b) fences, posts, stones or other markers for the purpose of delimiting the road or proposed road.

• (2) The powers conferred by subsection (1) above shall not be exercised so as to—

• (a) interfere with a fence or gate required for the purposes of agriculture;

• (b) obstruct a public right of way;

• (c) obstruct a means of access for the construction, formation or laying out of which planning permission has been granted under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (general planning control) or under any enactment replaced by the said Part III; or

• (d) obstruct any means of access which was constructed, formed or laid out before 1st July 1948, unless it was so constructed, formed or laid out in contravention of restrictions in force under section 1 or 2 of the Restriction of Ribbon Development Act 1935.

Natural dangers

Works for protecting roads against hazards of nature

30

Without prejudice to section 28 of this Act, but subject to section 31 thereof, the roads authority may, for the purpose of protecting a public road or proposed public road against snow, flood, landslide or other hazards of nature, provide and maintain such barriers or other works as they consider necessary.

Drainage of roads

31

• (1) The roads authority may, for the purpose of draining a public road or proposed public road or of otherwise preventing surface water from flowing onto it—

• (a) construct or lay, in it or in land adjoining or lying near to it, such drains as they consider necessary;

• (b) erect and maintain barriers in it or in such land as aforesaid to divert surface water into or through any existing drain;

• (c) scour, cleanse and keep open all drains in it or in such land as aforesaid;

• (d) drain surface water from it into any inland waters (whether natural or artificial) or tidal waters.

• (2) Without prejudice to subsection (1)(c) above, where any drain referred to therein was constructed or laid by the roads authority, they shall scour, cleanse and keep it open.

• (3) Before carrying out any works under this section, the roads authority shall serve on the owner and the occupier of the land affected notice of the intention to do so, describing the proposed works, and informing them that they may object to the proposed works by notice to the authority within 28 days of service of the notice.

• (4) Where an owner or occupier of the land affected objects in accordance with subsection (3) above to the proposed works and the objection is not withdrawn, then—

• (a) if the roads authority is the Secretary of State, he shall not carry out the proposed works without having considered the objection; and

• (b) if the roads authority is a local roads authority, they shall not carry out the proposed works without the consent of the Secretary of State who may grant such consent either unconditionally or subject to such terms and conditions as he thinks fit and whose decision shall be final.

• (5) If a person, without the consent of the roads authority, alters, obstructs or interferes with any drain or barrier which has been constructed, laid or erected by the authority in exercise of their functions under subsection (1) above or which is under their control, then—

• (a) the authority may carry out any work of repair or reinstatement necessitated by his action and may recover from him the expenses reasonably incurred by them in so doing, and

• (b) without prejudice to their right to exercise that power, he commits an offence.

• (6) In the foregoing provisions of this section, except where the context otherwise requires, “drain” includes a ditch, gutter, watercourse, bridge, culvert, tunnel, pipe or holding pond and any pumping machinery associated with any of those things.

Contributions to drainage works and flood prevention operations

32

Where it appears to the roads authority that the execution of any drainage works under the Land Drainage (Scotland) Act 1958 or flood protection work under section 56 of the Flood Risk Management (Scotland) Act 2009 (asp 6) is desirable for the protection or enjoyment of a public road or proposed public road they may make such contributions as they think fit towards any expenses incurred in the execution and maintenance of those works.

Snow gates

33

• (1) Gates (hereafter in this section referred to as “snow gates”) may be provided and maintained by the roads authority for the purpose of temporarily closing a road to vehicular traffic on any occasion when snow is rendering or has rendered that road unsafe for such traffic; and where in the opinion of a constable such an occasion has arisen as respects a road he (or, where the constable is a chief constable, a person acting on his behalf) may, until the road is once again safe for vehicular traffic, close and secure any snow gate on the road against all such traffic except that engaged in the provision or restoration of essential services.

• (2) In subsection (1) above—

• “constable” and “chief constable” shall be construed in accordance with section 99 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) ;

• “engaged in the provision or restoration of essential services” means in the opinion of a constable so engaged; and

• “safe” means in such opinion safe.

Clearance of snow and ice

34

A roads authority shall take such steps as they consider reasonable to prevent snow and ice endangering the safe passage of pedestrians and vehicles over public roads.

Lighting

Provision of lighting by roads authorities

35

• (1) A local roads authority shall provide and maintain lighting for roads, or proposed roads, which are, or will be, maintainable by them and which in their opinion ought to be lit.

• (2) In subsection (1) above, the reference to roads, or proposed roads, which will be maintainable by the local roads authority does not include a reference to—

• (a) an existing road which is a prospective public road within the meaning of the Part IV of the New Roads and Street Works Act 1991;

• (b) a new road in course of construction, or to be constructed, other than by or on behalf of the authority; or

• (c) a road which would be maintainable by them only if application were made to them under section 16(1) of this Act.

• (3) The Secretary of State may provide and maintain lighting for roads, or proposed roads, which are, or will be, maintainable by him.

• (4) A local roads authority may, within their area, provide and maintain lighting for any road, or proposed road, which in their opinion ought to be lit and as regards which no duty is imposed on them by subsection (1) above.

• (5) Without prejudice to the generality of this section and after giving 28 days notice to the owner or occupier of any land affected, a roads authority may, in acting under subsection (1), (3) or (4) above, fix to rails, walls or buildings fronting or abutting the road or proposed road, such lamps and related structures as they consider requisite.

• (6) No compensation shall be payable by a roads authority by reason only of—

• (a) the maintenance of lighting under subsection (1), (3) or (4) above; and

• (b) such fixing as is mentioned in subsection (5) above.

• (7) A person upon whom a notice has been served under subsection (5) above may within 28 days of such service refer the matter by summary application to the sheriff; and the decision of the sheriff on the matter shall be final.

Road humps

Construction of road humps by roads authority

36

A roads authority may construct road humps in a road maintainable by them if—

• (a) the road is subject to a statutory speed limit for motor vehicles of 30 miles per hour or less; or

• (b) (whether or not the road is subject to such a limit)the road humps are authorised.

Consultation and local inquiries as regards road humps

37

• (1) Where a roads authority propose to construct a road hump under section 36 of this Act, they shall consult with—

• (a) the chief constable of the Police Service of Scotland ; and

• (b) such other persons or bodies as may be prescribed by regulations made by the Secretary of State.

• (2) The roads authority shall also—

• (a) publish in one or more newspapers circulating in the area in which the road concerned is situated; and

• (b) place at appropriate points on that road,

notice of the proposal stating the nature, dimensions and location of the proposed road hump and the address to which and the period within which any objections to the proposal may be sent.

• (3) The period stated in the notice under subsection (2) above shall be not less than 28 days beginning with the date on which notice is first published in accordance with paragraph (a) of that subsection.

• (4) The roads authority shall consider any objections sent to them in accordance with a notice under subsection (2) above and may, if they think fit, cause a local inquiry to be held.

• (5) Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (provisions as to inquiries) shall apply to an inquiry under subsection (4) above as they apply to a local inquiry under that section, but with such modifications as may be prescribed by regulations made by the Secretary of State.

• (6) Before making regulations under this section the Secretary of State shall consult such representative organisations as he thinks fit.

Regulations concerning construction and maintenance of road humps

38

• (1) The Secretary of State may by regulations make such provision in relation to the construction and maintenance of road humps as appears to him to be necessary or expedient in the interests of safety and the free movement of traffic, and may in particular—

• (a) provide that road humps shall be constructed only on roads of such descriptions and in such circumstances as may be prescribed by the regulations;

• (b) impose requirements as to—

• (i) the nature, dimensions, location and spacing of road humps;

• (ii) the placing of signs of such type or character as may be so prescribed;

• (iii) the carrying out and maintenance of other ancillary or consequential works.

• (2) Before making any regulations under this section the Secretary of State shall consult such representative organisations as he thinks fit.

• (3) Regulations under this section shall not apply where a road hump is authorised but conditions attached by the Secretary of State to the authorisation may, in particular, relate to any of the matters with respect to which regulations may be made under this section.

Status of road humps

39

• (1) Where a road hump conforms to regulations under section 38 of this Act and the further condition mentioned in subsection (2) below as being applicable is satisfied, the road hump shall not be treated as constituting an obstruction to the road but as part of the road, so that in particular—

• (a) the obligation of any person to maintain the road, and

• (b) the obligation of any person having power to break open the road to make good any damage or otherwise reinstate the road,

extend to maintaining or, as the case may be, to making good any damage to, or otherwise reinstating, the road hump.

• (2) The further condition applicable is that either—

• (a) the road concerned is for the time being subject to a statutory speed limit for motor vehicles of 30 miles per hour or less; or

• (b) the road hump is authorised.

• (3) In relation to an authorised road hump the reference in subsection (1) above to conformity with regulations shall be construed as a reference to conformity with the conditions attached to the authorisation.

• (4) In so far as it does not apply apart from this subsection section 117 of the New Roads and Street Works Act 1991 (restricting road works following substantial works for roads purposes) applies in relation to the construction, maintenance and removal of a road hump as if the works were executed for road purposes and were mentioned in subsection (3) of that section and as if the person executing them were the promoting authority within the meaning of that section.

Interpretation of sections 36 to 39

40

In sections 36 to 39C of this Act—

Cattle-grids

Provision of cattle-grids and by-passes

41

• (1) Where, whether on the representations of owners or occupiers of agricultural land or otherwise, and after such consultation with any such owners and occupiers as the roads authority consider requisite, it appears to the authority expedient so to do for controlling the passage of animals along a road, the authority may, subject to this section and sections 42 to 47 of this Act, provide and maintain a cattle-grid in the road, or partly in the road and partly in adjoining land; and such provision and maintenance may take place whether the road is in existence and open to public traffic or is a proposed road in course of construction.

• (2) Where the roads authority provide a cattle-grid under this Act they shall also provide, either by means of a gate or other works on the road (or proposed road) or by means of a by-pass, or partly by one of those means and partly by the other, facilities for the passage under proper control of animals and all other traffic unable to pass over the cattle-grid, being traffic entitled by law to go along the road (or, where the road is a proposed road, which will on completion of that road be so entitled); and the authority shall maintain the facilities so provided.

• (3) Subject to subsection (4) below, subsection (1) and (2) above do not confer power—

• (a) to place any part of a cattle-grid on land not forming part of the road and not belonging to the authority; or

• (b) to provide a by-pass over land not belonging to the authority,

except in so far as is authorised by any such agreement as is provided for by section 46 of this Act.

• (4) Where, after complying with Schedule 4 to this Act, the authority determine, as respects any common or waste land adjoining the road or adjacent thereto, that it is expedient so to do, they may place any part of a cattle-grid, or provide a by-pass, on any of that land notwithstanding that the land does not form part of the road and does not belong to the authority.

• (5) Without prejudice to subsection (3) above, the authority shall not provide a by-pass along any part of a road other than the road for which the cattle-grid is being provided unless, after complying with Schedule 4 to this Act, they determine that it is expedient to provide that by-pass.

• (6) In this Act—

• “cattle-grid” means a device designed to prevent the passage of animals, or animals of any particular description, but to allow the passage of all or some other traffic, and includes any fence or other works necessary for securing the efficient operation of the said device; and

• “by-pass”, in relation to a cattle-grid provided for any road, means a way, over land not comprised within the limits of the road, for the traffic for which the by-pass is provided, with a public right of passage there-over for that traffic, or (if any part of the by-pass is provided along an existing road) for that traffic and for any other traffic entitled to use the road before the by-pass was provided.

• (7) The roads authority may provide and maintain on a by-pass any gate or other works necessary for the proper control of traffic and the efficient operation of the cattle-grid for which the by-pass is provided.

• (8) The roads authority may alter or improve any cattle-grid, by-pass, gate or other works provided under this section, but not so as to prevent traffic of any description which before the alteration or improvement could lawfully have gone along the road (either by passing over the cattle-grid or by going through any gate or along any by-pass provided under subsection (2) above) from so going along the road.

• (9) Without prejudice to subsection (1) and (2) of this section, in subsections (3) to (7) of this section and in Schedule 4 to this Act references to a road shall be construed as including references to a proposed road.

Removal of cattle-grids and discontinuance of by-passes

42

• (1) Where it appears to the roads authority, after such consultation with owners and occupiers of agricultural land as the authority consider requisite, that a cattle-grid provided under this Act is no longer required, the authority may remove the cattle-grid and any gate or other works on the road which have been provided for use in connection with the cattle-grid, and shall make good the site thereof.

• (2) Where a by-pass has been provided for use in connection with a cattle-grid and the authority remove the cattle-grid, they may direct that the by-pass shall be discontinued and may, where they give such a direction, remove all or any of the gates or other works provided for the purposes of the by-pass.

• (3) If a direction under subsection (2) above so provides, then subject to subsection (4) below, as from such date as may be specified in the direction the public right of passage over the by-pass shall be extinguished.

• (4) Where the whole or any part of a by-pass has been provided along an existing road then—

• (a) notwithstanding subsection (3) above, a direction under subsection (2) above shall not extinguish any right of passage which existed before the by-pass was provided; and

• (b) if the cattle-grid for which the by-pass was provided is removed, as soon as may be thereafter the authority shall (whether or not they direct that the by-pass shall be discontinued, but without prejudice to their powers under subsection (2) above to remove gates or other works if they so direct) remove so much of the gates or other works provided for the purpose of the by-pass as obstructs the exercise of the right of passage which existed before the by-pass was provided.

Maintenance of cattle-grids and by-passes

43

For the purposes of maintenance and management (including any liability in respect of loss, injury or damage arising therefrom) any cattle-grid, by-pass, gate or other works provided under sections 41 to 47 of this Act shall be deemed to be vested in the roads authority.

Exercise of powers in respect of" cattle-grids etc. by agreement between neighbouring authorities

44

• (1) Where a public road is intersected, joined or continued by a road for which some authority other than the roads authority for the first-mentioned road are the roads authority, the following provisions of this section shall have effect.

• (2) The two authorities may enter into an agreement as to the exercise, by one, of the other’s powers under sections 41 and 42 of this Act; and any such agreement may provide for the defraying by the one of the whole or any part of the expenses incurred by the other in consequence of the agreement.

• (3) An authority shall not unreasonably refuse to enter into an agreement under this section; and if any question arises as to the terms (including terms as to payments) to be included in such an agreement, or whether an authority has unreasonably refused to enter into such an agreement, the question shall be determined by arbitration.

• (4) Any question which is required by this section to be determined by arbitration shall be determined by a single arbiter appointed, in default of agreement, by the Court of Session, or by the sheriff, on the application of either party to the question.

Supersession of gates by cattle-grids

45

• (1) Where—

• (a) a person has the right to instal a gate in a road, and

• (b) the roads authority providing or proposing to provide a cattle-grid in the road under section 41 of this Act determine, after complying with the provisions of Schedule 4 to this Act, that the purpose for which that right is exercisable will be adequately achieved by the provision of the cattle-grid,

the right shall not be exercisable, so long as the cattle-grid is provided, except with the approval of the authority, and they may require that any gate installed in the exercise of the right before the provision of the cattle-grid shall be removed or may themselves remove any such gate.

• (2) The authority shall on demand repay any expenses reasonably incurred in removing a gate in compliance with a requirement under subsection (1) above.

• (3) Where in pursuance of subsection (1) above a gate has been removed (whether by, or in compliance with a requirement of, the authority) and they subsequently remove the cattle-grid then, if within 12 months after the removal of the cattle-grid any person reinstals a gate in the exercise of a right the exercise of which was suspended while the cattle-grid was provided, the authority shall on demand repay the expenses reasonably incurred in reinstalling the gate.