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Local Government (Miscellaneous Provisions) (Scotland) Act 1981

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This is the original version (as it was originally enacted).

26In section 200 (Secretary of State may authorise the stopping up or diversion of highway crossing or entering route of proposed new highway)—

(a)in subsection (1), after the words " Secretary of State" where they occur for the second time there shall be inserted the words

or, subject to section 206 of this Act, the highway authority;

(b)after the words " Secretary of State " where they occur for the third time there shall be inserted the words

, or as the case may be to them,; and

(c)at the end there shall be added the following proviso— : Provided that a highway authority shall not, under this subsection, authorise the stopping up or diversion of—

(i)a trunk road such as is mentioned in paragraph

(a)of subsection (1) of section 198A of this Act; or

(ii)a special road such as is mentioned in paragraph

(b)of that subsection.;

(d)in subsection (2), after the word " section " where it occurs for the second time there shall be inserted the words

by the Secretary of State; and

(e)after subsection (2) there shall be added the following subsection—

(3)Subsections (2) to (4) of section 198A of this Act shall apply to an order under this section by the highway authority as those subsections apply to an order, as respects a highway, under that section by a planning authority..

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