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Waverley Railway (Scotland) Act 2006

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This is the original version (as it was originally enacted).

10Temporary stopping up, alteration or diversion of roads

(1)During and for the purposes of the execution of the authorised works the authorised undertaker may temporarily stop up, alter or divert any road and may for any reasonable time—

(a)divert the traffic from the road; and

(b)subject to subsection (2) below, prevent all persons from passing along the road.

(2)The authorised undertaker shall provide reasonable access for pedestrians going to or from premises abutting on a road affected by the exercise of the powers conferred by this section if there would otherwise be no such access.

(3)Without prejudice to the generality of subsection (1) above, the authorised undertaker may temporarily stop up, alter or divert each of the roads specified in columns (1) and (2) of Part 2 of schedule 4 to this Act to the extent specified (by reference to the letters and numbers shown on the relevant Parliamentary plans) in column (3) of that Part, and may for any reasonable time—

(a)divert the traffic from the road; and

(b)subject to subsection (2) above, prevent all persons from passing along the road.

(4)The authorised undertaker shall not exercise the powers conferred by this section—

(a)in relation to any road specified as mentioned in subsection (3) above, without first consulting the road works authority; and

(b)in relation to any other road, without the consent of the road works authority.

(5)Consent under subsection (4)(b) above shall not be unreasonably withheld but may be given subject to such reasonable conditions as the road works authority may require.

(6)Any question whether—

(a)consent under subsection (4)(b) above has been unreasonably withheld; or

(b)a condition imposed under subsection (5) above is unreasonable,

shall be determined by arbitration.

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