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(1)The Lands Clauses Acts are incorporated with this Act, except sections 15, 16, 18, 20 to 60, 62 to 66, 83 to 88, 90, 116, 120 to 124 and 142 and 143 of the 1845 Lands Act.
(2)Section 6, and sections 71 to 78 (as originally enacted), of the Railways Clauses Consolidation (Scotland) Act 1845 (c.33) are incorporated with this Act.
(3)Provisions incorporated by this section apply only in so far as they are not inconsistent with, or expressly varied by, any provision of this Act.
(4)In construing provisions incorporated by this section—
(a)this Act is deemed to be the special Act,
(b)Ministers are deemed to be the promoter of the undertaking or the company,
(c)the Forth Crossing works are deemed to be the works, the undertaking or the railway, and
(d)“land” has the same meaning as in this Act.
(5)The Lands Clauses Acts, by virtue of subsection (4)(d), accordingly apply (subject to any necessary modifications) to the compulsory acquisition of a servitude or other right in or over land under this Act (whether by acquiring existing rights or creating new rights).
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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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