Trunk Roads Act 1946

14 Application to Scotland

(1) The provisions of this section shall have effect for the purpose of the application of this Act to Scotland.

(2) For any reference to the Town and Country Planning Act, 1944, there shall be substituted a reference to the [8 & 9 Geo. 6. c. 33.] Town and Country Planning (Scotland) Act, 1945.

(3) For any reference to a county borough there shall be substituted a reference to a large burgh; for any reference to an easement there shall be substituted a reference to a servitude; and for references to the thirty-first day of March and to the first day of April there shall be respectively substituted references to the fifteenth and to the sixteenth day of May, or in any case concerning a local authority whose financial year ends on a day other than the fifteenth day of May, references to that other day and to the next day thereafter.

(4) Section two and section four shall have effect as if—

(i) in subsection (3) of section two and subsection (3) of section four for paragraphs (a) and (b) there were substituted the following paragraphs :—

“(a) where the road is situated in a large burgh or in the landward area of a county or in a small burgh the council whereof is not charged with the maintenance and management of any of the roads therein, the council of the large burgh or county in which the road or such small burgh is situated ;

(b) where the road is situated in a small burgh the council whereof is charged with the maintenance and management of the roads therein other than classified roads, the council of the county in which the burgh is situated or the council of the burgh according as the road is or is not designated by the order as a classified road;”and

(ii) subsection (4) of section two, and all the words after " trunk road' in subsection (4) of section four, were omitted.

(5) Section eight shall have effect as if (i) subsection (1) were omitted; and (ii) for the reference in subsection (3) to the Public Health Act, 1936, there were substituted a reference to sections eighty-four and eighty-five of the Act First and Second William the Fourth Chapter forty-three as incorporated with and extended and applied by the [41 & 42 Vict. c. 51.] Roads and Bridges (Scotland) Act, 1878.

(6) The Second Schedule shall have effect as if in paragraph 2 for the words from " county borough " to the end of the paragraph there were substituted the words " (inclusive of any small burgh therein) or large burgh in which any road to which the order relates is situated, and, in the case of a road situated in a small burgh with the maintenance and management of which the town council of that burgh is charged, oft the town council.

(7) Where an order is, in pursuance of this Act, subject to special parliamentary procedure—

(i) if notice has been published in accordance with paragraph 1 of the Second Schedule to this Act, the provisions of subsection (1) of section two as read with section ten of the [9 & 10 Geo. 6. c. 18.] Statutory Orders (Special Procedure) Act, 1945, with regard to advertisement of notice shall be deemed to have been complied with; and

(ii) paragraphs 4 and 5 of the Second Schedule to this Act shall not apply.

(8) Any question or dispute which is required by this Act or by the principal Act to be determined by arbitration shall be determined by a single arbiter appointed, in default of agreement, by the Court of Session or the sheriff on the application of either party to the question or dispute. At any stage of the proceedings in any such arbitration the arbiter may, and shall, if so directed by the Court of Session, state a case for the opinion of the Court of Session on any question of law arising in the arbitration.

(9) The expressions " large burgh " and " small burgh " have the meanings respectively assigned to them by the [19 & 20 Geo. 5. c. 25.] Local Government (Scotland) Act, 1929.