Roads (Scotland) Act 1984

• (4) No objection shall be made or proceedings brought in respect of the purported exercise by the roads authority of their powers under subsection (1) above as respects any gate on the ground that no right to instal the gate existed; but the purported exercise by the authority of their powers under that subsection shall not affect the question whether any such right existed, or prejudice the powers of the authority or any other person under any enactment or rule of law to protect public rights of way or to prevent or remove obstructions.

Agreements for use of land for cattle-grids or by-passes

46

• (1) The roads authority may, for the purpose of providing, altering or improving a cattle-grid or by-pass under the powers conferred by this Act, enter into an agreement with persons having an interest in any land for the use of the land for that purpose; and there shall be exercisable by the authority and the public such rights over the land as may be specified in the agreement.

• (2) An agreement under subsection (1) above—

• (a) may contain provisions for payment to persons who are parties to it in consideration of the use of the land or otherwise in respect of their entering into the agreement; and

• (b) shall not operate so as to prejudice the rights of any person not a party thereto or confer upon any other person any right against him.

• (3) An agreement under this section may be recorded in the General Register of Sasines or (as the case may be) registered in the Land Register of Scotland and, on being so recorded or registered, shall be enforceable at the instance of the roads authority against any person having an interest in the land and against any person deriving title from that person:

Provided that such an agreement shall not be so enforceable against any third party who has in good faith and for value acquired right (whether title has been completed or not) to an interest in the land prior to the agreement being recorded or registered as aforesaid, or against any person deriving title from any such third party.

• (4) In the case of land in Scotland, a liferenter in possession of the land shall have the power to enter into agreements under this section relating to, or to any part of, the land.

• (5) The Trusts (Scotland) Act 1921 shall have effect as if among the powers conferred on trustees by section 4 thereof (which relates to the general powers of trustees) there were included a power to enter into agreements under this section relating to the trust estate or any part thereof.

Contributions towards expenditure of roads authorities in connection with cattle-grids

47

• (1) A roads authority may enter into an agreement with any person at whose instance a cattle-grid has been or is to be provided by them under this Act, or with any other person willing to make a contribution towards expenses of the authority under this Act in connection with a cattle-grid, for the making by that person of such a contribution (whether by a single payment or by periodical payments) of such amount as may be specified in the agreement and either towards such description of such expenditure as may be so specified.

• (2) An agreement under this section may contain such incidental and consequential provisions as appear to the parties thereto expedient for the purposes of the agreement; and in particular such an agreement providing for a contribution towards the cost of installing a cattle-grid may provide for repayment of the contributions, to such extent as may be specified in the agreement, in the event of the cattle-grid being removed.

• (3) In determining whether or not to provide a cattle-grid the roads authority shall be entitled to have regard to the extent to which persons who in the opinion of the authority will derive special benefit from the provision of the cattle-grid are willing to enter into agreements under this section.

Miscellaneous improvements

Contributions towards expenditure on constructing or improving roads

48

The roads authority may enter into an agreement with any person willing to contribute to the construction or improvement of a road and may have regard to the extent of the contributions (if any) obtainable by virtue of such agreements in determining whether to undertake the construction of effect the improvement.

Provision of bus shelters, etc. by local roads authorities

49

• (1) In the Local Government, (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958, for the words “local authority” wherever they occur other than the places mentioned in subsection (2) below there shall be substituted the words “local roads authority”.

• (2) The expected places referred to in subsection (1) above are—

• (a) the first place where the words “local authority” occur in section 1(2) of the said Act of 1958;

• (b) section 3(2) of that Act;

• (c) the first place where those words occur in section 4(1) of that Act; and

• (d) section 7(1) of that Act.

Planting of trees, shrubs and grass or other plants by roads authority

50

• (1) The roads authority may plant trees, shrubs, grass or other plants within, or partly within, the boundaries of a public road or of a proposed public road which is in course of construction; and may erect and maintain guards of fences, and otherwise do anything expedient, for maintenance and protection of trees, shrubs, grass and other plants there planted (whether or not by them).

• (2) No such tree, shrub, grass other plant, guard or fence shall be planted (or as the case may be erected) or allowed to remain in such a situation as to hinder the reasonable use of the road (or proposed road) by persons entitled to the use thereof, or so as to be a nuisance or injurious to the owner or occupier of any land fronting or abutting the road (or proposed road).

• (3) Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) (which provides a procedure for certain cases where works involve the alteration of electronic communications apparatus) shall, subject to subsection (4) below, apply, for the purposes of any works which may be done in exercise of the powers conferred by this section, to the roads authority.

• (4) Where the roads authority is the Secretary of State, Paragraph 68 of the the electronic communications code (offence) shall be omitted for the purposes of the application of Part 10 of the code to him by subsection (3) above.

Planting of trees, shrubs and grass or other plants by person other than roads authority

51

• (1) The roads authority may in writing authorise an owner or occupier of land adjoining a public road, or any other person, to plant or maintain trees, shrubs, grass or other plants within, or partly within, the boundaries of that road subject to such conditions as the authority may specify in the authorisation.

• (2) The conditions referred, to in subsection (1) above may include a requirement that the authorised person give any written undertaking which, in the opinion of the authority, is necessary—

• (a) to ensure the safety and convenience of road users; or

• (b) to protect the apparatus of statutory undertakers.

• (3) The roads authority may at any time withdraw an authorisation under subsection (1) above by giving 28 days notice to the authorised person; and such notice may require that person within the 28 days—

• (a) to remove all or any of the trees, shrubs, grass or other plants to which the authorisation related; and

• (b) to reinstate the road.

Power to execute works to mitigate adverse effect of constructing or improving etc. road

52

• (1) A roads authority may carry out on—

• (a) land acquired by them under section 106 of this Act;

• (b) other land belonging to them;

• (c) a road for which they are the roads authority;

• (d) a road which they have been authorised to improve or, as the case may be construct, by an order under section 9 or 12 of this Act.,

works for mitigating any adverse effect which the construction, improvement, existence or use of any road has or will have on the surroundings of the last mentioned road.

• (2) Without prejudice to the generality of subsection (1) above, the works that may be carried out under that subsection include the planting of trees. shrubs or plants of any other description and the laying out of any area as grassland.

• (3) A roads authority may develop or redevelop land acquired by them under section 106 of this Act, or any other land belonging to them, for the purpose of improving the surroundings of a road or proposed road.

Agreements as to use of land near roads

53

• (1) For the purpose of mitigating any adverse effect which the construction, improvement, existence or use of a road (or proposed road) has or will have on its surroundings, a roads authority may enter into an agreement with any person having an interest in land adjoining or in the vicinity of the road (or proposed road) for restricting or regulating the use of the land either permanently or during such period as may be specified in the agreement; and any such agreement may, in particular, make provision for the planting and maintenance of trees, shrubs or plants of any other description on the land and for restricting the lopping or removal of trees, shrubs or other plants on the land.

• (2) An agreement under this section may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the roads authority to be necessary or expedient.

• (3) Subject to subsection (4) below, the provisions of an agreement made under this section with a person interested in land shall be binding on persons deriving title from that person in respect of the land.

• (4) No provision shall be enforceable by virtue of subsection (3) above against a third party who shall have in good faith and for value acquired right (whether title has been completed or not) to land prior to the agreement being registered in the Land Register of Scotland or, as the case may be, recorded in the Register of Sasines, or against any person deriving title from such third party.

• (5) This section is without prejudice to section 75 of the Town and Country Planning (Scotland) Act 1997 (agreements regulating development or use of land).

Power to instal refuse or storage bins in roads

54

The roads authority may provide and maintain in or under a road, or a proposed road in course of construction, bins or other receptacles, of such dimensions and in such positions as the authority may determine, for the collection and temporary deposit of road refuse and waste paper, or the storage of sand, grit or other materials.

Provision of picnic sites for trunk roads etc.

55

• (1) The Secretary of State may provide on land adjoining, or in the vicinity of, a trunk road, or a proposed public road which is to be a trunk road, a picnic site with space for parking vehicles and with means of access from and egress to the road or proposed road; and subject to subsection (3) below he may manage and maintain the site (including such buildings, works or facilities as are mentioned in subsection (2) below.)

• (2) The Secretary of State may erect and equip buildings, and execute works, on the picnic site so as to provide such facilities as he considers appropriate for that site; and without prejudice to the generality of this subsection those facilities may include—

• (a) water closets, urinals, and washing facilities for use in connection with either; and

• (b) facilities for the provision and consumption of meals and refreshments.

• (3) The Secretary of State shall not provide meals or refreshments on the picnic site but may make arrangements for some person other than a local authority so to provide and may for the purpose of those arrangements lease the site, or a part thereof, to that other person.

Part V — Roads and Building Control

Works and excavations

Control of works and excavations

56

• (1) ... Without prejudice to any requirement imposed by, under or by virtue of any ... enactment, no works shall be executed in, or excavation made under, a public road except with the roads authority’s consent in writing and in accordance with any reasonable conditions which they think fit to attach to the consent.

• (2) An application for the consent of a roads authority under subsection (1) above shall be in writing. On receipt of the application they shall give the applicant notice of all statutory undertakers whose apparatus is, in the opinion of the authority, likely to be affected by the works or excavation and the applicant shall then forthwith in writing intimate the application to those undertakers of whom he has received such notice.

• (3) This section does not apply to works or excavations to which the provisions of Part IV of the New Roads and Street Works Act 1991 apply.

• (4) A person shall, as soon as reasonably practicable after he—

• (a) executes such works as are, or

• (b) makes such excavation as is,

mentioned in subsection (1) above, make good any damage to the road occasioned by the works or excavation and shall immediately thereafter give notice to the authority that the damage is made good; and without prejudice to section 66 of this Act, until twelve months have elapsed from the authority certifying that the damage has been made good to their satisfaction (which certificate shall not be withheld unreasonably) the person shall maintain so much of the road as is made good.

• (5) At the completion of the works or excavation mentioned in subsection (1) above any opening left in the road shall be provided with a door or cover by the person executing the works or making the excavation; and such door or cover shall be constructed in such manner, and of such materials, as may be specified by the roads authority.

• (6) A person who contravenes—

• (a) subsection (1) above; or

• (b) subsection (5) above,

commits an offence.

• (7) Works executed, or an excavation made, in contravention of subsection (1) above may be removed, or as the case may be filled in, by the roads authority; and the authority may recover such expenses as are reasonably incurred in so doing, or in maintaining an excavation which has under this subsection been filled in, from the person who executed those works or made that excavation.

• (8) The roads authority shall, where practicable, notify the person mentioned in subsection (7) above about anything removed under that subsection; but if the person cannot be traced, or if he has not recovered the thing within a reasonable period of time after being so notified, the authority may dispose of the thing.

• (9) Any proceeds of a disposal under subsection (8)

above shall be used to meet any such expenses in relation to the removal or filling in as are mentioned in subsection (7) above. Thereafter any surplus shall be given to the person so mentioned if he can be traced and if he cannot may be retained by the roads authority.

• (10) Where a person contravenes subsection (4) (other than by a failure duly to give information) or (5) above, the roads authority may make good the damage to the road, or as the case may be provide a door or cover for the opening, and recover from him such expenses as are reasonably incurred in so doing.

Dangerous works

57

• (1) Where, in the opinion of the roads authority, works which a person is executing in, or excavations which he is making under, a road are causing, or are likely to cause, a danger the authority may by notice to him require him within such period as may be specified in the notice to take such steps as will ensure that such danger is brought to an end or as the case may be does not arise.

• (2) Notwithstanding any consent granted under section 56 ... of this Act and without prejudice to the generality of subsection (1) above, steps specified in the notice under that subsection may include the removal of the works or filling in of the excavations.

• (3) Subsections (1) and (2) above do not apply to works or excavations which are in contravention of section 56(1) ... of this Act.

• (4) Without prejudice to section 56 of this Act, but notwithstanding any consent granted under either of those sections, a person executing works, or making excavations—

• (a) which constitute a danger; or

• (b) who permits them to become a danger,

commits an offence.

• (5) This section does not apply to works or excavations to which the provisions of Part IV of the New Roads and Street Works Act 1991 apply.

• (6) A person upon whom a notice has been served under subsection (1)

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.

Occupation of parts of road for deposit of building materials etc.

58

• (1) Subject to subsection (7) below, a person who without, or otherwise than in accordance with, the written permission of the roads authority, in conducting operations for the construction, repair, maintenance or demolition of any building, occupies for the purpose of depositing materials or otherwise in connection with those operations, a part of a road, whether public or private, or erects staging or scaffolding which projects over a part of a road, commits an offence.

• (2) Such permission as is mentioned in subsection (1) above may be granted either unconditionally or subject to such conditions, including conditions as to the duration of the permission, as may be specified therein; and notwithstanding anything in any enactment or in any rule of law, a person who complies with the permission (including the conditions) does not by the occupation or erection in respect of which the permission is granted commit an offence:

• (3) Subject to subsection (7) below, where a person by such occupation as is mentioned in subsection (1) above commits an offence under that subsection, any other person who, in connection with the operations, either by himself or by his servant or agent, deposits materials on the part of the road so occupied commits an offence.

• (4) Where a person is charged with an offence under subsection (1) above it shall be a defence for him to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

• (5) Where a person is charged with an offence under subsection (3) above, it shall be a defence for him to prove that the offence—

• (a) took place on the instructions, or by the authority, of his employer or of the person conducting the operations, or

• (b) was due to a mistake, or

• (c) was due to reliance on information supplied to him,

and that he was unaware that he was depositing the materials otherwise than under and in accordance with a permission granted under subsection (1) above.

• (6) If in any case the defence provided by subsection (5) above involves the allegation that the offence took place on the instructions, or by the authority, of another person, or was due to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending seven days before the hearing, he has served on the prosecutor notice giving such information identifying or assisting in the identification of that other person as is then in his possession.

• (7) The occupation mentioned in the foregoing provisions of this section does not include occupation with a builder’s skip (within the meaning of section 85 of this Act).

Control of obstructions in roads

59

• (1) Subject to subsection (6) below, nothing shall be placed or deposited in a road so as to cause an obstruction except with the roads authority’s consent in writing and in accordance with any reasonable conditions which they think fit to attach to the consent.

• (2) A person who contravenes subsection (1) above commits an offence.

• (3) Without prejudice to subsection (2) above, a person who contravenes subsection (1) above may be required by the roads authority or by a constable in uniform to remove the obstruction forthwith, and commits an offence if he fails to do so.

• (4) Where—

• (a) a requirement under subsection (3) above is not complied with;

• (b) the person who placed or deposited the obstruction cannot be readily traced; or

• (c) the case is one of emergency,

the roads authority or a constable may remove the obstruction (or cause it to be removed) and recover such expenses as are reasonably incurred in so doing from the said person.

• (5) Subsections (8) and (9) of section 56 of this Act shall apply in relation to anything removed under subsection (4) above as they apply in relation to anything removed under subsection (7) of that section, except that where the removal is by a constable the said subsections (8) and (9) shall be read as if any reference therein to the roads authority were a reference to the Scottish Police Authority .

• (6) The foregoing provisions of this section do not apply—

• (a) where section 58, 85 or 86 of this Act or section 2 of the Refuse Disposal (Amenity) Act 1978 (penalty for unauthorised dumping of motor vehicles etc.) applies; or

• (b) to works to which the provisions of Part IV of the New Roads and Street Works Act 1991 apply.

Fencing and lighting of obstructions and excavations

60

• (1) Without prejudice to . . . sections 57 to 59 or section 85 of this Act, where any person (other than a roads authority) places or deposits anything on a road so as to cause an obstruction, or executes works in a road, he shall, whether or not the obstruction is, or works are, on or in the road with the consent of the roads authority—

• (a) cause the obstruction or works to be marked in such manner and with such materials as may, for the purpose of making it or them immediately visible to oncoming traffic, be specified;

• (b) provide such lighting of the obstruction or works during the hours of darkness as is necessary for preventing danger to traffic and for warning traffic of danger;

• (c) erect such fences, barriers and traffic signs for preventing danger to traffic, for regulating traffic, and for warning traffic of danger, as may be necessary and remove them as soon as they cease to be necessary therefor; and

• (d) in the case of an obstruction or works whose nature so requires, cause any building adjoining the road to be shored up or otherwise protected.

• (2) If the person referred to in subsection (1) above fails to fulfil a requirement imposed on him by that subsection, the roads authority may fulfil the requirement and recover the expenses reasonably incurred by them in so doing from that person.

• (3) A person who fails to fulfil a requirement imposed on him by subsection (1) above commits an offence.

• (3A) Where the roads authority places or deposits anything on a road so as to cause an obstruction, or executes works in a road, they must comply with the requirements in paragraphs (a) to (d) of subsection (1).

• (4) A person who, without lawful authority or reasonable excuse, takes down, alters or removes any fence, barrier, shoring or other support or protection, or any traffic sign erected in pursuance of subsection (1) , (2) or (3A) above, or removes, interferes with or extinguishes any light placed in pursuance of any of those subsections to indicate an obstruction or works on or in any road commits an offence.

• (5) In this section—

• “hours of darkness” means the time between half an hour after sunset and half an hour before sunrise; and

• “specified” means specified by the Secretary of State in regulations.

• (6) This section shall not apply to an undertaker executing road works, within the meaning of Part IV of the New Roads and Street Works Act 1991.

Granting of permission to place and maintain etc. apparatus under a road

61

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Control of traffic

Temporary prohibition or restriction of traffic etc. on roads for reasons of public safety or convenience

62

• (1) Where, as regards any road, an order can be made under neither section 14 nor section 16A of the Road Traffic Regulation Act 1984 (temporary prohibition or restriction of traffic and foot passage on roads in certain circumstances and in connection with certain events) but in the opinion of the roads authority considerations of public safety or convenience require, or make it desirable that there should be, a temporary restriction on, or temporary prohibition of, traffic or foot passage on the road, the authority may make an order imposing such restriction or prohibition and (where practicable) specifying an alternative route or alternative routes.

• (2) An order under subsection (1) above—

• (a) shall not have the effect of preventing at any time access for foot passengers to any premises situated on or adjacent to the road or to any other premises accessible for foot passengers only from the road;

• (b) may relate to vehicles, or persons, in general or to a class thereof; and

• (c) without prejudice to paragraph (a) above may be subject to such conditions or exceptions as are considered necessary by the roads authority.

• (3) In subsection (1) above “temporary” means for a period not exceeding seven days.

• (4) Notice of an order under subsection (1) above shall be given by the authority by advertisement in a newspaper circulating in the area to which the order relates; and the order shall not come into effect before the date of the advertisement.

• (5) A person who contravenes a restriction or prohibition imposed by virtue of subsection (1) above commits an offence.

Footpaths, footways and verges

New access over verges and footways

63

• (1) Where, in the opinion of the roads authority, vehicles when driven to or from premises adjacent to a public road are habitually being taken across that road’s verge or footway other than by way of a satisfactory vehicular crossing they may serve a notice on the owner or occupier of the premises requiring that—

• (a) by such date as is specified in the notice he shall have commenced; and

• (b) within such period thereafter as is, and to such detailed specifications as are, so specified he shall have completed,

the construction of such a crossing over the affected part of the verge or footway.

• (2) A vehicular crossing constructed under or by virtue of this section shall on completion be part of the public road.

• (3) A person upon whom a notice has been served under sub-section (1) 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.

Use of appliances etc. on footways, footpaths and cycle tracks

64

• (1) No enactment prohibiting or restricting the use of footways, footpaths or cycle tracks shall affect the use of appliances or vehicles—

• (a) for the construction, maintenance, improvement or cleansing of a road;

• (b) subject to subsection (2) below, by statutory undertakers for works on footways, footpaths or cycle tracks maintainable by a roads authority, in connection with apparatus belonging to the statutory undertakers.

• (2) Statutory undertakers may exercise rights enjoyed by them by virtue of subsection (1)(b) above only if they have obtained the consent of the roads authority; and such consent may be subject to such reasonable conditions as the authority think fit.

• (3) In this section “statutory undertakers” includes an authority responsible for sewerage.

Horse traffic etc.

Regulation of drivers of horsedrawn carts etc.

65

• (1) The driver of a drawn vehicle commits an offence if he conveys on it on any road anything which is not adequately secured and which, were it to fall off, might be expected to endanger other road users.

• (2) The owner of a drawn vehicle commits an offence if he permits a child of under—

• (a) 14 years of age to drive that vehicle on a road; or

• (b) 16 years of age (not being such child as is mentioned in paragraph (a) above) to drive that vehicle on a road other than under the immediate supervision of a person of 18 years of age or more.

• (3) In subsections (1) and (2) above, “drawn vehicle” means a vehicle pulled by one or more draught animals.

Miscellaneous

Maintenance of vaults and cellars etc.

66

• (1) As regards any road, the following things shall be kept in good condition and repair by their owners or occupiers or by occupiers of the premises to which the thing belong—

• (a) every vault, arch, cellar and tunnel under the road;

• (b) every opening into any such vault, arch, cellar or tunnel from the surface of the road;

• (c) every door or cover (whether fixed or removable) to any such opening;

• (d) every pavement light in the surface of the road; and

• (e) every wall or other structure supporting any such vault, arch, cellar, tunnel, door or cover.

• (2) Where an owner or occupier is in contravention of sub-section (1) above the roads authority may by notice to him require him within 28 days of the date of service of the notice to replace, repair or put into good condition the thing in respect of which the contravention arises.

• (3) A person upon whom a notice has been served under subsection (2) above may, within the 28 days mentioned in that subsection, refer the matter by summary application to the sheriff; and the decision of the sheriff on the matter shall be final.

• (4) A local roads authority may, if they think fit, pay the whole or any part of any expenditure incurred by a person in complying with subsection (1) or (2) above.

Power to direct that doors etc. should not open outward into road

67

Where a door, gate, window, window shutter or bar opens outward into a road so as to interfere with the safety or convenience of road users the roads authority may by notice to the owner or occupier of the premises to which the thing belongs require him within such period as may be specified in the notice to take such steps as will ensure that such interference no longer occurs.

Part VI — Access and Stopping Up

Power of roads authorities to stop up roads by order

68

• (1) Subject to section 71(1) and (2) of this Act, the roads authority may, either on their own initiative or at the request of any person, make an order stopping up any road which they consider—

• (a) has become dangerous to the public other than by reason of its crossing or entering the route of another road which is a public road or of its being affected by the construction or improvement of such other road; or

• (b) is or will become unnecessary.

• (2) Before making an order under—

• (a) subsection (1)(a) above; or

• (b) subsection (1)(b) above on the ground that the road is unnecessary,

the roads authority shall satisfy themselves that a suitable alternative road exists or that no alternative road is necessary.

• (3) An order under subsection (1)(b) above made only on the ground that a road will become unnecessary shall not come into operation until—

• (a) the road has become unnecessary; and

• (b) a suitable alternative road exists.

• (4) An order under subsection (1) above—

• (a) may provide for the stopping up of a road subject to the reservation of a means of passage along the road for pedestrians, cyclists or both; and

• (b) shall, except in a case to which section 132 of this Act applies, include provisions 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 road to which the order relates.

Stopping up of dangerous access from public road to land

69

• (1) Subject to section 71(1) and (2) of this Act, where the roads authority consider that a private means of access from a road or proposed road to land is likely to cause danger to, or to interfere unreasonably with, traffic on the road, they may make an order stopping up the access and may provide a new means of access to the land.

• (2) A private means of access shall not be stopped up under this section—

• (a) before all objections to the making of the order have been disposed of,

• (b) before the expiry of 6 weeks from the date of the first public notification of the proposal to make the order, and

• (c) in a case where a new means of access is to be provided by the roads authority, before it has been so provided.

Stopping up of access to land from certain roads being constructed

70

• (1) Without prejudice to section 69 of this Act, an order under section 9 or 12 of this Act may authorise the roads authority—

• (a) to stop up any private means of access to land adjoining or adjacent to land comprised in the route of the special, or as the case may be main, road, or forming the site of any works authorised by the order;

• (b) to provide a new means of access to any such land.

• (2) The references in subsection (1) above to a special road and to a main road shall be construed as including references to a proposed such road.

Provisions supplementary to sections 68 to 70

71

• (1) Subject to subsection (2) below, the Secretary of State may by regulations prescribe the procedure to be followed in making an order under section 68 or 69 of this Act; and such regulations may in particular make provision as to—

• (a) the content of the order; and

• (b) the means of public notification of the proposal to make such an order.

• (2) Where a roads authority propose to make an order under the said section 68 or 69, then, before the expiry of 28 days from the date of the first public notification, in accordance with regulations under subsection (1) above, of the proposal to make the order, any person may object to it to the authority, and—

• (a) where the roads authority is a local roads authority—

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

• (ii) 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;

• (b) where the roads authority is the Secretary of State, he shall not make the order without having considered any such objection.

• (3) Before stopping up the access to any land under section 69 or by virtue of section 70 of this Act, the roads authority shall satisfy themselves—

• (a) that no access to the land is reasonably required; or

• (b) that another reasonably convenient means of access to the land is available or will be provided in pursuance of an order made under the said section 69, or by virtue of the said section 70 as the case may be.

• (4) The roads authority may stop up a means of access under section 69 or by virtue of section 70 of this Act in any way which seems to them appropriate, but not so as to obstruct any public right of way on foot.

• (5) A person who uses a means of access which has been stopped up under section 69 or by virtue of section 70 of this Act, other than a person exercising a public right of way on foot, commits an offence.

• (6) Where access to any land has been stopped up under section 69 or by virtue of section 70 of this Act, or, as the case may be, is limited by virtue of the restrictions imposed under this Act on the use of a special road, and any person has suffered damage in consequence thereof by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land, he shall be entitled to recover from the roads authority compensation in respect of that damage; and in assessing such compensation regard shall be had to any new means of access provided by the roads authority.

Stopping up private access to land by agreement

72

• (1) Without prejudice to sections 69 and 70 of this Act, the roads authority may agree with the occupier of land and with any other person having an interest in the land that a private means of access from a public road, or proposed public road, to the land shall be stopped up by the authority; and such agreement may provide for the payment by the roads authority to the other party of compensation in respect of any damage suffered in consequence of the stopping up.

• (2) The roads authority may stop up a means of access by virtue of this section in any way which seems to them to be appropriate; but not so as to obstruct any public right of way on foot.

• (3) Without prejudice to subsection (4) below, the provisions of any agreement made under this section shall be binding on persons deriving title from the occupier or the other person; except that no provision shall be enforceable by virtue of this subsection against a third party who shall have in good faith and for value, acquired right (whether title has been completed or not) to land prior to the agreement being either registered in the Land Register of Scotland or as the case may be recorded in the Register of Sasines.

• (4) A person who uses a means of access which has been stopped up by virtue of this section, other than a person exercising a public right of way on foot, commits an offence.

Expenses incurred under section 69 or by virtue of section 70 or 72

73

Any expenses incurred under section 69, or by virtue of section 70 or 72, of this Act by a local roads authority shall be deemed for the purposes of section 3 of this Act to be incurred in road construction or improvement.

Temporary provision of substitute road

74

• (1) Where proposed works for the maintenance, repair or improvement of a road are such as, in the opinion of the roads authority, will require a complete temporary prohibition of a class, or classes, of or all traffic on the road the authority may, through any land adjoining the road, make a substitute road to accommodate the traffic so prohibited.

• (2) At least 28 days before a roads authority commence making a road under subsection (1) above, they shall serve on the owner and the occupier of the land concerned notice in that regard; and without prejudice to section 136 of this Act that notice shall contain a statement of when it is intended the works proposed in relation to the substitute road will commence and of the length of time for which the authority estimate that road will be required.

• (3) The roads authority shall, as soon as is practicable after the substitute road is no longer required, reinstate the land.

• (4) A person upon whom a notice has been served under subsection (2) 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.

• (5) A substitute road made under subsection (1) above—

• (a) shall be managed and maintained by the roads authority but shall not be entered by the authority in their list of public roads or, as the case may be, in the list of roads kept under section 2(2) of this Act; and

• (b) shall vest in the authority for the purposes of their functions as roads authority; but such vesting shall not confer on them any heritable right in relation to the substitute road.

• (6) Without prejudice to section 116(1) of this Act, from the commencement of the making of a road through land under subsection (1) above until reinstatement of the land under subsection (3) above, rent shall by the roads authority be payable for so much of the land as is taken for the road; and the amount of that rent, and the person or persons to whom it is so payable, shall, in the absence of agreement between the roads authority and each person on whom they have served notice under subsection (2) above as regards the road, be determined by the Lands Tribunal for Scotland, whose decision on the matter shall be final.

Part VII — Bridges, Tunnels and Diversion of Water

Bridges over and tunnels under navigable waters

75

• (1) Provision may be made by an order under section 5 of this Act or under this subsection for the construction of a bridge over or a tunnel under any specified navigable waters as part of a trunk road.

• (2) Provision may be made by a scheme under section 7 of this Act for the construction, as part of a special road, of a bridge over or a tunnel under any specified navigable waters.

• (3) Provision may be made by a scheme under this subsection—

• (a) made by a local roads authority and confirmed by the Secretary of State, or

• (b) where the Secretary of State is the roads authority, made by him.

for the construction, as part of a public road (other than a special road) of a bridge over or a tunnel under any specified navigable waters.

• (4) Parts I and III of Schedule 1 to this Act shall have effect as to the making of an order under subsection (1) above, Parts II and III of that Schedule shall have effect as to the making of a scheme under subsection (3) above and Schedule 2 to this Act shall have effect as to the validity and date of operation of any such order or scheme.

• (5) A scheme under subsection (3)(a) above 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 roads authority for the bridge or tunnel or any part of it, and may provide—

• (a) for the performance by that authority, in relation to the bridge or tunnel or that part of it, of any of the roads functions of any other authority who are party to the application, and

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

• (6) The reference in—

• (a) subsection (1) above to a trunk road;

• (b) subsection (2) above to a special road; or

• (c) subsection (3) above to a public road,

shall be construed as including a reference to a proposed trunk, special or public road as the case may be.

• (7) References in this section, in relation to any order or scheme, to “specified navigable waters” are references to such navigable waters (whether the sea, a river or other waters) as may be specified in the order or scheme.

• (8) References in section 76 of this Act to an order or scheme which provides for the construction of a bridge over or a tunnel under navigable waters are references to any order or scheme made under or, as the case may be, by virtue of subsection (1), (2) or (3) above.

• (9) Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) (which provides a procedure for certain cases where works involve the alteration of electronic communications apparatus) shall, subject to subsection (10) below, apply, for the purposes of any works authorised by a scheme made under subsection (3) above, to the roads authority.

• (10) Where the roads authority is the Secretary of State, paragraph 68 of the electronic communications code (offence) shall be omitted for the purposes of the application of Part 10 of the code to him by subsection (9) above.

Provisions supplementary to section 75

76

• (1) Before making or confirming an order or scheme which provides for the construction of a bridge over or a tunnel under navigable waters, the Secretary of State shall take into consideration the reasonable requirements of navigation in the waters affected by the order or scheme.

• (2) An order or scheme which provides for the construction of such a bridge shall include such plans and specifications as may be necessary to indicate the position, clearances for the passage of vessels and dimensions of the proposed bridge; and in the case of a swing bridge shall contain such provisions as the Secretary of State considers expedient for regulating its operation.

• (3) An order or scheme which provides for the construction of such a tunnel shall include such plans and specifications as may be necessary to indicate the position and dimensions of the proposed tunnel, including the depth thereof below the bed of the sea, river or other navigable waters, as the case may be.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discontinuation of operation of certain swing bridges

77

• (1) Subject to subsections (2) and (3) below, where, as regards navigable waters over which there is a swing bridge carrying a road, the Secretary of State is of the opinion that the number of ships using those waters and requiring the bridge to be opened has so declined over a period of years that the bridge ought no longer to be so operated, or ought to be so operated only in special circumstances, he may by order amend or repeal accordingly any enactment providing for such operation.

• (2) 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.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to divert waters when constructing or improving public road etc.

78

• (1) Subject to subsections (2) and (3) below, the roads authority may divert, or carry out works in relation to, inland waters (whether natural or artificial) or tidal waters where, in the opinion of the authority, such diversion is, or as the case may be works are, necessary for the construction, improvement or protection of a public road (or proposed public road) or of a site or facilities provided under section 55 of this Act.

• (2) Before proceeding under subsection (1) above, the roads authority shall—

• (a) serve on the owner and the occupier of any land affected, and on any navigation authority concerned with or having jurisdiction over the waters or over the area comprising those waters, notice of their intention so to proceed, describing the proposed diversion or works and informing them that they may object to the proposed diversion or works by notice to the authority within 28 days after service of the notice of intention on them; and

• (b) consult any local authority in whose area the waters are situated and any other body acting under statutory powers, being powers the exercise of which may, in the opinion of the roads authority, be affected by the works:

Provided that, as regards any diversion or works, consultation under paragraph (b) above shall not be required with an authority or body receiving notice under paragraph (a) above.

• (3) Where such objection as is provided for in subsection (2)(a) above is made in accordance with that subsection and is not withdrawn, then—

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

• (b) if the roads authority is a local roads authority, they shall not carry out the diversion or 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.

• (4) In subsection (2)(b) above the reference to a body acting under statutory powers includes a reference to the operator of an electronic communications code network (whether or not a body) acting in pursuance of any right conferred by or in accordance with the electronic communications code and a reference to the operator of a driver information system (whether or not a body) acting in pursuance of a right conferred by or in accordance with section 12 of the Road Traffic (Driver Licensing and Information Systems) Act 1989.

Powers of roads authorities and bridge owners to enter into agreements

79

• (1) Without prejudice to section 14(1) of this Act, the roads authority may agree with the owner of a bridge—

• (a) for the payment by the authority of contributions towards the cost of the maintenance, improvement or reconstruction of the bridge, or the road carried thereby, or the approaches thereto;

• (b) for the transfer to the authority of the responsibility for the maintenance and improvement of the road carried by the bridge or the approaches thereto;

• (c) that the bridge, or the road carried thereby, or the approaches to the bridge, shall heritably vest in the authority;

and it shall be lawful for the owner of the bridge, notwithstanding that the bridge was constructed under statutory powers, to enter into and carry into effect any such agreement.

• (2) Where any such agreement provides for the transfer to the roads authority of any rights or obligations attaching to a bridge, then, as from the date of the transfer, it shall be lawful for the authority to exercise the rights, and they shall, to the exclusion of the owner, be subject to the obligations so transferred.

Transfer to Secretary of State of privately maintainable bridges carrying trunk roads

80

• (1) Where, and on the date (“the transfer date”) that, a road comprising a bridge to which this section applies becomes a trunk road, the bridge by which that road is carried shall be transferred to the Secretary of State by virtue of this section.

• (2) Where a bridge is transferred to the Secretary of State by virtue of this section then, subject to subsection (3) below—

• (a) the bridge, including any building or structure comprised in it and the road carried by it shall by virtue of this section vest heritably in the Secretary of State, and

• (b) any statutory provision in force in relation to the bridge for the protection or benefit of statutory undertakers shall have effect, subject to any necessary modifications, as if for any reference therein to the owner of the bridge there were substituted a reference to the Secretary of State.

• (3) The Secretary of State and the owner may by agreement in writing made either before or after the transfer date agree that the provisions of subsection (2) above with respect to the transfer of property shall not apply, or as the case may be shall be deemed not to have applied, to such property comprised in the bridge as may be specified in the agreement.

• (4) Subject to section 119(1) of the Transport Act 1968 (ending of liability of certain Boards to make payments on being relieved of responsibility for bridges carrying trunk or special roads), in respect of any bridge which is transferred to the Secretary of State by virtue of this section, the owner shall pay to the Secretary of State such sum as may be agreed between the Secretary of State and the owner or, in default of agreement as to the sum, such sum as may be determined by arbitration to represent the value, to the owner, of the extinguishment of any liability of the owner for the maintenance or improvement of the bridge and the Secretary of State shall pay to the owner such sum as may be so agreed or determined to represent the value, to the owner, of the bridge as an asset productive of revenue. Any arbitration under the foregoing provisions of this subsection shall be by a single arbiter appointed, in default of agreement as to the appointment, by the Court of Session, or by the sheriff, on the application of either party.

• (5) For the purposes of subsection (4) above, a bridge shall not be treated as an asset productive of revenue unless at the time when the bridge is transferred by virtue of this section—

• (a) a contract is in force under which payments have been made or will accrue to the owner in respect of the use of the bridge; or

• (b) the bridge includes any building constructed or adapted for use by the owner for the purposes of his undertaking or for letting to any other person.

• (6) Where any bridge transferred to the Secretary of State by virtue of this section carries the road over any railway, canal, road or other works used for the purposes of any undertaking carried on by the owner, them, so long as those works are so used—

• (a) the Secretary of State shall, before entering on any land of the owner for the purpose of executing any works for the maintenance, improvement or alteration of the bridge, give notice to the owner specifying the general nature of the works proposed to be executed;

• (b) except with the consent of the owner, the Secretary of State shall not reduce the headway or any span of the bridge; and

• (c) if the headway of the bridge is reduced in consequence of subsidence due to mining operations, or of works carried out by the owner for the purpose of raising the railway, canal, road or other works to a level not higher than their level before the subsidence occurred, the Secretary of State shall, if so required by the owner, raise the bridge so far as may be necessary to give the same headway as before the subsidence occurred.

• (7) Any consent required for the execution of any works by the Secretary of State under subsection (6) above shall not be unreasonably withheld, and any question whether the withholding of such a consent is unreasonable shall be determined by such arbitration as is mentioned in subsection (4) above.

• (8) Any dispute between the Secretary of State and any person as to the property or liabilities transferred by virtue of this section, or as to the liability imposed on the Secretary of State by subsection (6)(c) above to carry out any works, shall be determined by such arbitration as is mentioned in subsection (4) above.

• (9) This section applies to all bridges which carry the road over any railway or road, over any canal, river, watercourse, marsh or other place where water flows or is collected, or over any ravine or other depression, other than—

• (a) swing bridges;

• (b) bridges which carry a railway as well as the road;

• (c) bridges to which a right to levy tolls is attached; or

• (d) bridges maintainable by a roads authority.

• (10) In the foregoing provisions of this section “owner” means the person who immediately before the transfer of the bridge to the Secretary of State was responsible for the maintenance and repair of it and includes any person who, in pursuance of any agreement with the person so responsible, was then discharging that responsibility on his behalf.

• (11) Where a road carried by a bridge transferred to the Secretary of State under this section ceases to be a trunk road, the Secretary of State may contribute towards the expenses incurred in the maintenance and repair of the bridge by the authority who become the local roads authority for the road.

Transfer to special road authority of privately maintainable bridges carrying special roads

81

• (1) Where the route prescribed by a scheme under section 7 of this Act authorising the provision of a special road by a local roads authority includes a road carried by a bridge which, if the special road were a trunk road, would be transferred to the Secretary of State by virtue of section 80 of this Act, any order under section 9 of this Act by which that road is appropriated or transferred to the special road authority may provide for the transfer of the bridge to that authority.

• (2) Where any bridge is so transferred subsections (2) to (8) of the said section 80 shall apply as they apply in relation to a bridge transferred under that section, and accordingly shall have effect as if for references therein to the Secretary of State and to the trunk road there were substituted references to the special road authority and the special road; and no order shall be made by virtue of section 113(1) of this Act in respect of liabilities of the owner of the bridge.

• (3) In this section “owner” has the same meaning as in section 80 of this Act.

Protection of bridges and railways

82

• (1) The roads authority shall not, in the exercise of functions conferred by those provisions of this act which relate to cattle-grids, carry out any work in—

• (a) so much of a road as passes over, or is comprised within the immediate approaches to, a bridge which is repairable by a person other than the authority;

• (b) so much of a road passing under such a bridge as is within three metres of any part of the bridge or of the foundations thereof; or

• (c) so much of a road passing above a tunnel provided for the purpose of a railway undertaking as is within three metres of any part of the tunnel,

except with the consent of the person liable to repair the bridge or the person carrying on the railway undertaking as the case may be.

• (2) Where the consent mentioned in subsection (1) above is withheld, then—

• (a) if the roads authority is the Secretary of State; or

• (b) if the roads authority is a local roads authority and they refer the matter to the Secretary of State,

he may, after affording the person whose consent is required an opportunity of being heard by a person appointed by the Secretary of State for the purpose, and after considering the report of any such hearing, direct that the work be carried out notwithstanding that the consent has been withheld but subject to compliance with any conditions which the Secretary of State may impose.

Part VIII — Interference and Damage

Obstruction of view

Prevention of obstruction of view at corners, bends and junctions

83

• (1) Where the roads authority are of the opinion that it is necessary, for the prevention of danger arising from obstruction of the view of road users, to impose restrictions with respect to land at or near a corner, bend or junction in a road they may serve a notice (in this section referred to as an “obstruction notice”)—

• (a) upon the owner or occupier of the land directing him, within such period (being not less than 28 days) as may be specified in the notice, to alter the height or character of any wall (not being a wall forming part of the structure of any other permanent building), fence, advertising hoarding, hedge, tree or shrub thereon so as to cause it to conform with any requirements specified in the notice;

• (b) upon the owner, occupier and any lessee of the land restraining him, either absolutely or subject to such conditions as may be specified in the notice, from permitting any building, wall, fence or advertising hoarding to be erected or hedge, tree or shrub to be planted, on the land:

Provided that an obstruction notice shall not inhibit reconstruction, or repair, which does not create any new obstruction of the view of road users.

• (2) In subsection (1) above “advertising hoarding” means a hoarding or similar structure used, or adapted for use, for the display of advertisements.

• (3) Restrictions imposed by an obstruction notice shall come into force upon its service and shall remain in force until it is withdrawn by the roads authority; and such restrictions shall, while in force, be binding upon any successor in title to the owner or occupier of the land to which they relate unless that successor proves that when he became the owner or occupier of the land he had, after making due inquiries, no reasonable cause to suspect that any such restrictions were in force.

• (4) A person may, within 28 days of the receipt of an obstruction notice, object in writing (specifying the grounds of objection) to the roads authority; and the question whether the notice shall be withdrawn as respects any requirement or restriction objected to shall then be determined in the manner provided by section 84 of this Act.

• (5) A person upon whom an obstruction notice is served shall have power, notwithstanding anything in any conveyance or in any lease or other agreement, to do all such things as may be necessary for complying with the requirements of the notice.

• (6) Without prejudice to section 141 of this Act, where an obstruction notice has been served upon a person the roads authority may, with the consent of that person, do on his behalf anything necessary for complying with the requirements of the notice.

• (7) Subject to subsections (4) and (6) above, and without prejudice to any other proceedings which may be instituted against him, a person who fails to comply with the requirements of, or acts in contravention of, an obstruction notice served on him commits an offence.

• (8) A person upon whom an obstruction notice is served shall be entitled to recover from the roads authority any expenses reasonably incurred by him in carrying out any directions contained in the notice; and a person sustaining loss in direct consequence of any requirement of such a notice or a person who proves that his property is injuriously affected by restrictions imposed by such a notice shall, if he makes a claim within six months after its service, be entitled to recover from the roads authority compensation for the injury sustained.

• (9) Nothing in this section shall authorise the service by a local roads authority of an obstruction notice with respect to—

• (a) any wall—

• (i) forming part of an ancient monument or other object of archaeological interest, except with the consent in writing of the Secretary of State; or

• (ii) forming part of, or necessary for the maintenance of, a railway, canal, inland waterway, dock or harbour;

• (b) a protected tree; or

• (c) a listed building.

• (10) In subsection (9) above—

• “protected tree” means a tree which is subject to a tree preservation order under section section 160(1) of the Town and Country Planning (Scotland) Act 1997; and

• “listed building” has the meaning assigned to it by section 52(7) of that Act.

Determination of questions arising out of section 83

84

• (1) A question as to whether—

• (a) a notice served under subsection (1) of section 83 of this Act shall be withdrawn as respects any requirement or restriction objected to under subsection (4) of that section; or

• (b) any expenses were reasonably incurred by any person in carrying out directions contained in a notice served under that section,

shall be decided—

• (i) if the parties so agree, by a single arbiter appointed by them; or

• (ii) in default of such agreement by the sheriff.

• (2) In determining any such question as is mentioned in paragraph (a) of subsection (1) above, the arbiter or sheriff shall have power to order that the requirement or restriction shall have effect subject to such modifications, if any, as he may direct.

General obstruction

Control of builders' skips on road

85

• (1) A builders’ skip shall not be deposited on a road without—

• (a) the written permission of the roads authority; and

• (b) its being clearly and indelibly marked with its owner’s name and with his telephone number or address.

• (2) Such permission as is mentioned is subsection (1)(a) above may be granted either unconditionally or subject to such conditions as may be specified in the permission; and the conditions may in particular relate to the siting and lighting of the skip, the care of the contents of the skip and the removal of the skip at the end of the period of permission.

• (3) An owner of a skip who uses it, or causes or permits it to be used, on a road in contravention of this section commits an offence.

• (4) In proceedings for an offence under subsection (3) above it shall be a defence, except in relation to a contravention of subsection (1)(b) above, to prove that some other person undertook the responsibility of complying with the permission or condition contravened, and that the offence was committed without the consent or connivance of the owner; and that other person may be charged with and convicted of the contravention as if he were the owner.

• (5) In this section and in section 86 of this Act, “builders’ skip” means a container designed to be carried on a road vehicle and to be placed on a road for the removal and disposal of builders’ materials, rubble, waste, household and other rubbish or earth.

Removal of builders' skips causing danger or obstruction

86

• (1) Notwithstanding that there is in force a permission granted under section 85 of this Act for the depositing of a builders’ skip on a road, a constable in uniform may require the removal or repositioning of, or himself cause to be removed or repositioned, any builders’ skip which, in his opinion, is causing, or is likely to cause, a danger or obstruction

• (2) The roads authority may require the removal or repositioning of a builders’ skip where there is a contravention of section 85 of this Act, and failing removal or repositioning within a reasonable period of time after so requiring, may remove or reposition it themselves.

• (3) Subsections (1) and (2) above are without prejudice to section 129(2) of this Act.

• (4) Any expenses reasonably incurred by the Scottish Police Authority under subsection (1), or the roads authority under subsection (2), above in the removal or repositioning of a builders’ skip may be recovered from its owner.

• (5) The Scottish Police Authority or, as the case may be, the roads authority shall, where practicable, notify the owner of the skip of its removal under subsection (1) or (2) above; but if the owner cannot be traced or if a reasonable period of time after his being so notified has elapsed and he has not recovered the skip, the Scottish Police Authority or roads authority may dispose of the skip and its contents.

• (6) Any proceeds of a disposal under subsection (5) above shall be used in the first place to meet the expenses reasonably incurred in the said removal and thereafter any surplus shall be given to the owner if he can be traced and if he cannot may be retained by the Scottish Police Authority , or roads authority, as the case may be.

Power to remove structures from roads

87

• (1) Without prejudice to sections 59 and 129(2) of this Act, where a structure has been erected, deposited or placed on a road otherwise than under or by virtue of an enactment the roads authority may, by notice, require that within such period as may be specified in the notice the person having control or possession of the structure—

• (a) shall remove it; and

• (b) if the authority consider reinstatement of the road to be requisite, shall carry out such reinstatement.

• (2) In subsection (1) above, “structure” includes any machine, pump, post or other object of such a nature as to be capable of causing obstruction; and a structure may be treated for the purposes of that subsection as having been erected notwithstanding that it is on wheels.

Removal of projections which impede or endanger road users

88

• (1) Without prejudice to section 129(8) of this Act, the roads authority may, after giving 28 days notice to the owner and occupier of any building, remove or alter any such projection therefrom as interferes with safe or convenient passage along a road and is specified in the notice.

• (2) Subject to subsection (3) below, the roads authority shall pay compensation to any person who sustains damage by reason of the removal or alteration of a projection in pursuance of subsection (1) above.

• (3) No compensation shall be payable under subsection (2) above in respect of a projection made without any consent which was, by or under any enactment, required for it.

Removal of accidental obstructions from roads

89

• (1) Where an object has fallen onto a road so as to cause an obstruction, the roads authority shall, where practicable, intimate to the owner of the object that he must remove it forthwith; and if the owner cannot be traced or if he fails to remove the object within a reasonable period of time after being so notified or if the case is one of emergency, the roads authority shall remove it themselves.

• (2) Pending the removal of such an object by the owner or by the roads authority, the authority may take all reasonable steps (including the placing of lights, signs and fences on the road) for the purpose of warning road users of the obstruction.

• (3) Any expenses reasonably incurred by the roads authority under this section may be recovered from the owner; but no such expenses shall be recoverable if the owner proves that he took reasonable care to secure that the object did not cause or contribute to an obstruction.

• (4) The roads authority shall, where practicable, give notice to the owner of an object of its removal by them under subsection (1) above; but if the owner cannot be traced or if after a reasonable period of time after being so notified he has not recovered the object, the roads authority may dispose of it.

• (5) Any proceeds of a disposal under subsection (4) above shall be used in the first place to meet the expenses reasonably incurred by the roads authority under this section and thereafter any surplus shall be given to the owner if he can be traced and if he cannot may be retained by the roads authority.

Restriction on placing bridges, beams, rails etc. over roads

90

• (1) No overhead bridge, beam, rail, pipe, cable, wire or other similar apparatus shall be fixed or placed over, along or across a road without the consent of the roads authority; and that authority may attach to their consent such reasonable terms and conditions as they think fit.

• (2) A person who contravenes subsection (1) above or the terms or conditions of any consent given thereunder commits an offence.

• (3) Subsection (1) above does not apply to any works or apparatus of statutory undertakers.

• (4) A person aggrieved by the refusal of a consent required by this section, or by any terms or conditions attached to any such consent, may, within 28 days of the refusal or consent, refer the matter by summary application to the sheriff; and the decision of the sheriff on the matter shall be final.

Prevention of danger to road from nearby vegetation and fences etc. or from retaining walls being inadequate

91

• (1) Where a hedge, tree or shrub overhangs a road so as to—

• (a) endanger or obstruct the passage of vehicles or pedestrians;

• (b) obstruct or interfere with—

• (i) road users’ view of the road;

• (ii) the light from a public lamp; or

• (iii) a traffic sign; or

• (c) increase the likelihood of obstruction of the road by drifting snow,