- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Transport and Works (Scotland) Act 2007 (Access to Land on Application) Order 2008 No. 199
(This note is not part of the Order)
This Order makes provision as regards authorising prospective applicants for orders under section 1 of the Transport and Works (Scotland) Act 2007 (which relate to the authorisation of transport systems and inland waterways), to enter land to undertake inspections and surveys for purposes connected with construction, operation or works to which such an order would relate. This Order prescribes the manner in which an application should be made, the procedure for the making and consideration of representations in relation to an application and the procedure for enforcing access, where subsequent to authorisation, access is prevented.
Article 3 provides that if an authorisation is granted an applicant may enter land for such purposes as may be specified in the authorisation.
Article 4 provides the conditions that an applicant has to fulfil in order to make application for an authorisation to enter land.
Article 5 sets out how an application is to be made and the documentation which must be submitted in support of it.
Article 6 (with the Schedule) provides for the service by the applicant of notice, on specific persons, of the application and for a newspaper notice.
Article 7 makes provision relating to representations including the validity of representations.
Article 8 makes provision in relation to any hearing held to consider representations on an application.
Article 9 sets out provision regarding the determination of an application for entry to land, the noticing arrangements and in the case of access being authorised provision as to the date on which that authorisation shall have effect.
Article 10 sets out the procedures for an appeal to the Sheriff by any person aggrieved by an authorisation.
Article 11 sets out the circumstances where compensation can be recovered from the applicant. It also prescribes that any dispute shall be referred to and determined by the Lands Tribunal for Scotland.
Article 12 provides the circumstances in which the sheriff may grant a warrant and article 13 sets out the offence that a person commits in wilfully obstructing entry which has been authorised by virtue of a warrant.
A Regulatory Impact Assessment has been prepared in respect of this Order. A copy can be obtained from the Scottish Government Transport Directorate, Victoria Quay, Edinburgh EH6 6QQ.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Draft Executive Note sets out a brief statement of the purpose of a Draft Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: