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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)Immediately upon the authorised undertaker completing title to all or any part of plots 76 and 83, it shall grant the servitude right and register it in the Land Register of Scotland or the General Register of Sasines.
(2)Such grant shall be made under declaration that the servitude right shall be capable of being exercised by the proprietors or proprietor for the time being of plots 75 and 78 at any time during which there are football pitches or a football pitch available for use on either or both of those plots.
(3)The servitude right shall be subject to such restrictions as the authorised undertaker may reasonably impose for the protection of the authorised works or their operation, including—
(a)the right to obstruct access across plots 76 and 83 temporarily for the purpose of maintaining the authorised works, and
(b)restrictions on the nature of vehicles permitted to pass under the authorised works.
(4)In the event of any such restrictions being imposed so as to obstruct access over plots 76 or 83, the authorised undertaker shall, if necessary to maintain continued vehicular and pedestrian access to and from and between plots 75 and 78, provide a suitable alternative right of pedestrian and vehicular access and egress to and from and between plots 76 and 83.
(5)The exercise of any of the powers conferred by this Act in relation to the access road shall be subject to continued rights of pedestrian and vehicular access being available to and from plots 75 and 78 to the proprietors or proprietor for the time being of plots 75 and 78 at any time during which there are football pitches or a football pitch available for use on either or both of those plots.
(6)In this section—
“the access road” means the access road comprised within plots 78a, 82, 82b, 83 and 84;
“the servitude right” means a servitude right of pedestrian and vehicular access over plots 76 and 83 in favour of the proprietor or proprietors for the time being of plots 75 and 78; and
any reference to a numbered plot is a reference to all or any part of the land shown identified by that number on sheets 3 or 4 of the Parliamentary plans.
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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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