Waverley Railway (Scotland) Act 2006

1. Introductory Text

2. Part 1 Works, etc.

   1. Works

      1. 1. Authority to construct works

      2. 2. The railway works

      3. 3. The ancillary works

      4. 4. Permitted deviation within limits

      5. 5. Access to works

      6. 6. Construction and maintenance of new or altered roads

      7. 7. Vesting of private roads

      8. 8. Private crossings

      9. 9. Permanent stopping up of roads

   2. Supplemental powers

      1. 10. Temporary stopping up, alteration or diversion of roads

      2. 11. Discharge of water

      3. 12. Safeguarding works to buildings

3. Part 2 Land

   1. Powers of acquisition

      1. 13. Authority to acquire land

      2. 14. Acquisition of subsoil or rights

      3. 15. Purchase of specific new rights over land

      4. 16. Rights in roads or public places

      5. 17. Temporary use of land for construction of works

   2. Compensation

      1. 18. Disregard of certain interests and improvements

      2. 19. Set-off of betterment against compensation

      3. 20. No double recovery

   3. Supplementary

      1. 21. Acquisition of part of certain properties

      2. 22. Extinction or suspension of rights of way

      3. 23. Power to enter land for survey, etc.

      4. 24. Further powers of entry

      5. 25. Persons under disability may grant servitudes, etc.

      6. 26. Parliamentary plans and book of reference: adjustments agreed with landowners and correction of errors

      7. 27. Period for compulsory acquisition of land

      8. 28. Extension of time

      9. 29. Acquisition of land for Work No. 1B

      10. 30. Acquisition of land for Works Nos. 1C and 1E

4. Part 3 Miscellaneous and general

   1. 31. Power to fell, etc. trees or shrubs

   2. 32. Powers of disposal, agreements for operation, etc.

   3. 33. Statutory undertakers, etc.

   4. 34. Arbitration

   5. 35. Service of notices, etc.

   6. 36. Listed buildings and conservation areas

   7. 37. Saving for town and country planning

   8. 38. Interpretation of sections 39 and 40

   9. 39. Planning agreements

   10. 40. Application of developer contributions

   11. 41. Blighted land

   12. 42. Method of vesting land

   13. 43. Certification of plans, etc.

   14. 44. Registration of new rights

   15. 45. Mitigation of environmental impacts

   16. 46. Compliance with Code of Construction Practice and Noise and Vibration Policy

   17. 47. Works affecting the River Tweed Special Area of Conservation

   18. 48. Regulation of mitigation measures

   19. 49. Application of the Crichel Down Rules

   20. 50. Application of original enactments

   21. 51. Rights of the Scottish Ministers

5. Part 4 Supplementary

   1. 52. Incorporation of enactments

   2. 53. Interpretation

   3. 54. Short title

6. 1. SCHEDULE 1

      Railway works

      1. In the local government areas of Midlothian and Scottish Borders...

      2. In the local government area of Midlothian—

      3. Railway between the Millerhill Marshalling Yard and Old Dalkeith Road—...

      4. Railway between Old Dalkeith Road and the Butlerfield Industrial Estate—...

      5. Railway between Butlerfield Industrial Estate and Borthwick Mains Cottages— Work...

      6. In the local government areas of Midlothian and Scottish Borders—...

      7. Railway between Borthwick Mains Cottages and Cowbraehill— Work No. 4—A...

      8. Railway between Cowbraehill and Stagebank— Work No. 5—A railway (5,000...

      9. In the local government area of Scottish Borders— Work No....

      10. Railway between Stagebank and Hazelbank Quarry— Work No. 6—A railway...

      11. Railway between Hazelbank Quarry and Stow— Work No. 7—A railway...

      12. Railway between Stow and Bowland Bridge— Work No. 8—A railway...

      13. Railway between Bowland Bridge and Torwoodlee— Work No. 9—A railway...

      14. Railway between Torwoodlee and Tweedbank— Work No. 10—A railway (5,780...

   2. SCHEDULE 2

      Ancillary works

      1. 1. Stations, buildings, platforms, junctions and stopping places.

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

      3. 3. Junctions and communications with, and widening of, any road, path...

      4. 4. Works for the provision of apparatus, plant or machinery and...

      5. 5. Works for the strengthening, underpinning, protection, alteration or demolition of...

      6. 6. Works or operations to stabilise the condition of any land...

      7. 7. Works to alter the course of, or otherwise interfere with,...

      8. 8. Works to alter the position of any existing apparatus or...

      9. 9. Without prejudice to the generality of paragraph 8 above, works...

      10. 10. Landscaping, ecological and other works to mitigate any adverse effects...

      11. 11. Works for the benefit or protection of premises affected by...

      12. 12. The removal by the authorised undertaker of any works constructed...

      13. 13. Such other works (of whatever nature) as may be necessary...

   3. SCHEDULE 3

      Private crossings

      1. Part 1 Continuing private crossings

      2. Part 2 Private crossings to be stopped up and discontinued

   4. SCHEDULE 4

      Stopping up and diversion of roads

      1. Part 1 Roads to be permanently stopped up

      2. Part 2 Roads to be temporarily stopped up

   5. SCHEDULE 5

      Safeguarding works: procedure

      1. 1. Safeguarding works may be carried out— (a) at any time...

      2. 2. For the purpose of determining how the powers of section...

      3. 3. For the purpose of carrying out safeguarding works to a...

      4. 4. Before exercising— (a) a right under section 12 of this...

      5. 5. Where notice is served under paragraph 4(a), (c) or (d)...

      6. 6. The authorised undertaker shall compensate the owners and occupiers of...

      7. 7. Where— (a) safeguarding works to a building are carried out...

      8. 8. Nothing in this schedule shall relieve the authorised undertaker from...

      9. 9. Any compensation payable under paragraph 7 above or under the...

   6. SCHEDULE 6

      Acquisition of land, etc. outside limits of deviation

      1. Part 1 Acquisition of land

      2. Part 2 Acquisition of rights only

   7. SCHEDULE 7

      Land of which temporary possession may be taken

   8. SCHEDULE 8

      Statutory undertakers, etc.

      1. 1. Subject to the provisions of this schedule, sections 224 to...

      2. 2. All such other provisions of the 1997 Act as apply...

      3. 3. In the provisions of the 1997 Act, as applied by...

      4. 4. Where any apparatus of a utility undertaker or of a...

      5. 5. Paragraph 4 above shall not apply in the case of...

      6. 6. The provisions of the 1997 Act mentioned in paragraphs 1...

      7. 7. In this schedule— “gas transporter” has the meaning given by...

   9. SCHEDULE 9

      Listed buildings and conservation areas

      1. 1. (1) Subject to sub-paragraph (2) below, if a listed building...

      2. 2. Section 53 of the Listed Buildings Act (acts causing or...

      3. 3. In this schedule— “the Listed Buildings Act” means the Planning...

   10. SCHEDULE 10

       Code of construction practice

       1. 1. Before commencing construction of the authorised works located in the...

       2. 2. The local planning authority shall send a copy of every...

       3. 3. The authorised undertaker may with the approval of the local...

       4. 4. The provisions of the code of construction practice and any...

   11. SCHEDULE 11

       Works affecting the River Tweed Special Area of Conservation

       1. Part 1 Works requiring special measures

          1. 1. This Part of this schedule applies to the sites specified...

          2. 2. The authorised undertaker shall not undertake any works for the...

          3. 3. The location of any work for the protection of river...

          4. 4. Before commencing the construction of any works, or carrying out...

          5. 5. The authorised undertaker shall secure that the code of construction...

          6. 6. Where and to the extent that any measure required by...

          7. 7. Any provision amending the code of construction practice pursuant to...

       2. Part 2 Works not requiring special measures

   12. SCHEDULE 12

       Provisions of original enactments applied to authorised works