Town and Country Planning (Scotland) Act 1969

90 New powers to authorise stopping-up and diversion of highways

(1) If planning permission is granted under Part II of the Act of 1947 for constructing or improving, or the Secretary of State proposes to construct or improve, a highway (hereafter in this section referred to as " the main highway "), he may by order authorise the stopping-up or diversion of any other highway which crosses or enters the route of the main highway or which is, or will be, otherwise affected by the construction or improvement of the main highway, if it appears to him expedient to do so—

(a) in the interests of the safety of users of the main highway ; or

(b) to facilitate the movement of traffic on the main highway.

(2) Subsections (3) to (5) of section 22 of the Act of 1945, subsections (2) to (7) of section 46, subsections (2) to (4) of section 111 of the Act of 1947 and Schedule 6 to that Act (ancillary provisions, provisions as to compulsory acquisition of land in connection with highways and provisions as to telegraph lines) and section 89 above shall apply in relation to an order under this section as they apply in relation to an order under section 46(1) of the Act of 1947.

(3) In section 32(3) of the [1951 c. 60.] Mineral Workings Act 1951 (rights of statutory undertakers in respect of their apparatus where order made under section 46 of the Act of 1947), after the reference to the said section 46 there shall be inserted an alternative reference to this section.