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- Original (As enacted)
This is the original version (as it was originally enacted).
The authorised undertaker is hereby authorised to construct and maintain the authorised works, namely—
(a)the scheduled works referred to in section 2 (“the scheduled works”); and
(b)the ancillary works referred to in section 3 (“the ancillary works”).
The scheduled works are the works situated within the lateral limits of deviation shown on the Parliamentary plans, at the levels shown on the Parliamentary sections and specifically described in schedule 1 to this Act.
(1)The ancillary works are such works of the nature described in schedule 2 to this Act as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction of the scheduled works.
(2)Subject to subsection (3), subsection (1) only authorises the carrying out or maintenance of works—
(a)within the limits of deviation;
(b)on land specified in columns (1), (2) and (3) of schedules 5 and 6 for the purpose specified in relation to that land in column (4) of the relevant schedule (being land shown on the Parliamentary plans as lying within the limits of land to be acquired or used).
(3)The authorised undertaker may construct and maintain ancillary works identified in paragraphs 12 and 13 of schedule 2 anywhere within the Act limits.
In constructing or maintaining any of the authorised works the authorised undertaker may—
(a)deviate laterally from the lines or situations shown on the Parliamentary plans within the limits of deviation for that work shown on those plans; and
(b)deviate vertically from the levels shown on the Parliamentary sections—
(i)to any extent not exceeding 3 metres upwards; and
(ii)to any extent downwards as may be necessary or expedient.
(1)The authorised undertaker may, for or in connection with the authorised works, form and lay out means of access, or improve existing means of access to or from any public road—
(a)at the points shown on the Parliamentary plans; or
(b)in such location or locations within the limits of deviation or the limits of land to be acquired or used as may be approved by the roads authority.
(2)Approval of the roads authority under subsection (1)(b) shall not be unreasonably withheld and any question whether an approval has been unreasonably withheld shall, unless the parties otherwise agree, be determined by arbitration.
Where a road is altered under this Act, the altered part of the road shall when completed to the reasonable satisfaction of the roads authority, unless otherwise agreed, be maintained—
(a)by and at the expense of the authorised undertaker for a period of 12 months from its completion; and
(b)at the expiry of that period by and at the expense of the roads authority.
(1)Works to which subsection (2) applies shall be treated for the purposes of Part IV of the 1991 Act as major works for roads purposes if—
(a)they are of a description mentioned in any of paragraphs (a) to (d), (f) and (g) of section 145(3) of that Act (which defines what roads authority works are major works for roads purposes); or
(b)they are works which, had they been executed under the powers of the roads authority, might have been carried out in exercise of the powers conferred by section 27 (dual carriageways, roundabouts and refuges) or 63 (new access over verges and footways) of the Roads (Scotland) Act 1984 (c. 54).
(2)This subsection applies to any works executed under this Act in relation to a road which consists of or includes a carriageway other than those executed under power delegated to a roads authority by an agreement under section 8.
(3)In Part IV of the 1991 Act, references, in relation to major works for roads purposes, to the roads authority concerned shall, in relation to the works which are major works for roads purposes by virtue of subsection (1), be construed as references to the authorised undertaker.
(1)Where under this Act the authorised undertaker is authorised to interfere with an existing road or part of an existing road, it may enter into agreements with the persons having the charge, management or control of the road concerning the construction (or contribution towards the expense of the construction) of—
(a)any alteration of the existing road, and
(b)any other related matters.
(2)The authorised undertaker may, by agreement with any such persons, delegate to them the power to make any such alteration of an existing road, including any bridge over any railway, and, where the authorised undertaker is responsible for maintaining the altered road or bridge, the power to maintain it.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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