Transport and Works (Scotland) Act 2007

Prospective

SCHEDULE 1SMatters within section 1

(introduced by section 2(1))

1The construction, alteration, repair and maintenance of railways, tramways, trolley vehicle systems and other transport systems within section 1(1)(a), waterways, roads, watercourses, tunnels, bridges, buildings and other structures.S

2The carrying out of demolition or any other civil engineering or other works.S

3The acquisition of land, whether compulsorily or by agreement.S

4The creation and extinguishment of rights over land (including rights of navigation over water and fishing rights), whether compulsorily or by agreement.S

5The abrogation and modification of agreements relating to land.S

6The conferring on persons providing transport services of rights to use systems belonging to others.S

7The protection of the property or interests of any person.S

8The imposition and exclusion of obligations or of liability in respect of any acts or omissions.S

9The making of agreements to secure the provision of police services.S

10The carrying out of surveys and the taking of soil samples.S

11The payment of compensation.S

12The charging of tolls, fares (including penalty fares) and other charges, and the creation of offences in connection with non-payment (or in connection with a person's failure to give a name and address in accordance with provisions relating to penalty fares).S

13The making of byelaws by any person and their enforcement, including the creation of offences.S

14The payment of rates.S

15The transfer, leasing, discontinuance and revival of undertakings.S

16The transfer of powers to construct or operate a transport system or inland waterway.S

17The submission of disputes to arbitration.S

18The imposition of requirements to obtain the consent of the Scottish Ministers or another person.S

SCHEDULE 2SModification of enactments

(introduced by section 29(1))

Roads (Scotland) Act 1984 (c. 54)S

1The Roads (Scotland) Act 1984 is amended as follows.S

2In section 7(9) (special roads)—S

(a)the words from “Part IV” to “1945; and” are repealed, and

(b)for the words “such schemes” substitute “ schemes under this section ”.

3In Schedule 1 (procedure on orders and schemes)—S

(a)in paragraph 5, for the words “paragraphs 6 and 19” substitute “ paragraph 6 ”, and

(b)in paragraph 11, for the words “paragraphs 12 and 19” substitute “ paragraph 12 ”.

New Roads and Street Works Act 1991 (c. 22)S

4In section 27(3) (toll orders) of the New Roads and Street Works Act 1991, for the words “, paragraphs 15 and 18 of Part III, and Part IV” substitute “ and paragraphs 15 and 18 of Part III ”.S

SCHEDULE 3SRepeals

(introduced by section 29(2))

EnactmentExtent of repeal
Harbours Act 1964 (c. 40)

In section 18(4), the words from “and a harbour” to “parliamentary procedure”

In section 44(1), the words from “(not being” to “of that Act)”

Section 47(3)

In Schedule 3, paragraph 23

Docks and Harbours Act 1966 (c. 28)Section 42(2)(a)
Roads (Scotland) Act 1984 (c. 54)

Sections 5(5), 7(8), 76(4) and 77(3)

In Schedule 1, in each of paragraphs 7(1), 13(1) and 14C the words “Subject to paragraph 19 below,”

In Schedule 1, paragraph 14D

In Schedule 1, in paragraph 18 the words “, but without prejudice to paragraph 19 below”

In Schedule 1, paragraph 19

In Schedule 2, paragraphs 5 and 6

Pilotage Act 1987 (c. 21)

Section 1(7) and (8)

In section 30(2), the words “to which subsection (8) of that section applies”

New Roads and Street Works Act 1991 (c. 22)In Schedule 8, paragraphs 96(3) and 97
Transport and Works Act 1992 (c. 42)In Schedule 3, paragraph 5(4)
Water Industry (Scotland) Act 2002 (asp 3)In schedule 7, paragraph 14(2) and (3)