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Forth Crossing Act 2011

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Forth Crossing Act 2011. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. The Act

  3. Accompanying Documents

  4. Structure of the Act

  5. Commentary on Sections

    1. Part 1 – Works

      1. Section 1 – Power to construct Forth Crossing

      2. Section 2 – Bridge proportions

      3. Section 3 – Maximum construction height

      4. Section 4 – Limits of deviation

      5. Section 5 – Bridge marking and lighting

      6. Section 6 – Interference with navigation

      7. Section 7 – Dredging

      8. Section 8 – Marine (Scotland) Act 2010

      9. Section 9 – Interference with railways

      10. Section 10 – Trees and shrubs

    2. Part 2 – Roads

      1. Section 11 – Special roads

      2. Section 12 – Trunk roads

      3. Section 13 – Roads to be transferred to local roads authorities

      4. Section 14 – Stopping up of roads

      5. Section 15 – Stopping up of means of access

      6. Section 16 – Extinction of rights of way

      7. Section 17 – Solum of stopped up road

      8. Section 18 – Works in roads where the Ministers are not the roads authority

      9. Section 19 – Access to public roads

      10. Section 20 – Application of the Roads (Scotland) Act 1984

    3.  Part 3 – Land

      1. Section 21 – Incorporation of enactments

      2. Section 22 – Compulsory acquisition of land

      3. Section 23 – Acquisition of land by agreement

      4. Section 24 – Acquisition of servitudes and other rights

      5. Section 25 – Extinction of real burdens and servitudes

      6. Section 26 – Persons under a disability may grant servitudes,

      7. Section 27 – Registration of servitudes and other rights

      8. Section 28 – Minerals

      9. Section 29 – Time limit for compulsory acquisition

    4. Part 4 – Taking Title to Land

      1. Section 30 – Service of a notice to treat

      2. Section 31 – Partial acquisitions using notice to treat procedure

      3. Section 32 – Severance disputes (notice to treat procedure): Lands Tribunal

      4. Section 33 – Severance of agricultural land

      5. Section 34 – Notice to treat: time limit

      6. Section 35 – General vesting declarations

      7. Section 36 – Duty to publicise general vesting declarations

    5. Part 5 – Powers to Enter and Use Land

      1. Section 37 – Temporary possession of land

      2. Section 38 – Power to enter land for other purposes

      3. Section 39 – Advance entry on land to be acquired

      4. Section 40 – Notice of entry

      5. Section 41 – Use of land

      6. Section 42 – Duty to remedy damage

      7. Section 43 – No power to enter homes

      8. Section 44 – Warrants authorising entry

      9. Section 45 – Obstruction

      10. Section 46 – Suspension of real burdens and servitudes

    6. Part 6 – Compensation

      1. Section 47 – Land Compensation (Scotland) Act 1963

      2. Section 48 – Matters to be considered when assessing compensation

      3. Section 49 – Matters to be ignored when assessing compensation

      4. Section 50 – Compensation: partial acquisition

      5. Section 51 – Compensation: servitudes and other rights

      6. Section 52 – Compensation: cutting down, lopping, or cutting back roots of, trees or shrubs

      7. Section 53 – Compensation: stopping up

      8. Section 54 – Compensation: entering and using land temporarily

      9. Section 55 – Compensation: advance entry

      10. Section 56 – Compensation where notice to treat becomes invalid

    7. Part 7 – Statutory Undertakers

      1. Section 57 – Apparatus affected by works

      2. Section 58 – Works for roads purposes

      3. Section 59 – Compensation for removal of water, gas, electricity or communications apparatus

      4. Section 60 – Compensation for removal of public sewer

      5. Section 61 – Apparatus in stopped up roads

    8. Part 8 – Planning Permission, Listed Buildings and Conservation Areas

      1. Section 62 – Planning permission

      2. Section 63 – Relaxation of listed building controls

      3. Section 64 – Demolition in conservation areas

      4. Section 65 – Interpretation of Part 8

    9. Part 9 – Environmental Matters

      1. Section 66 – Mitigation of environmental impact

      2. Section 67 – Compliance with code of construction practice and noise and vibration policy

      3. Section 68 – Amendment of code of construction practice and noise and vibration policy

      4. Section 69 – Protection of water environment

      5. Section 70 – Control of noise: Control of Pollution Act 1974

      6. Section 71 – Statutory nuisance: noise under the Environmental Protection Act 1990

    10. Part 10 – Miscellaneous

      1. Section 72 – Blighted land

      2. Section 73 – Certification of Parliamentary plans,

      3. Section 74 – Changes to Parliamentary plans or book of reference

      4. Section 75 – Provision of  information on the progress of the Forth Crossing works

      5. Section 76 - Formal communications

      6. Section 77 – Ancillary provision

      7. Section 78 – Crown application

      8. Section 79 – Interpretation

      9. Section 80 – Commencement

      10. Section 81 – Short title

  6. Schedules

    1. Schedule 1 – Principal works

    2. Schedule 2 – Ancillary works

    3. Schedule 3 – Special roads

    4. Schedule 4 – Proposed trunk roads

    5. Schedule 5 – Existing roads to become trunk roads on date determined by Ministers

    6. Schedule 6 – Roads to be transferred to local roads authorities

    7. Schedule 7 – Roads to be stopped up

    8. Schedule 8 – Means of access to be stopped up

    9. Schedule 9 – Land which may be acquired

    10. Schedule 10 – Temporary possession of land

    11. Schedule 11 – Listed buildings: authorised works

  7. Parliamentary History

  • Explanatory Notes Table of contents

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Explanatory Notes

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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