Local Government (Miscellaneous Provisions) (Scotland) Act 1981

27 (1) In section 201 (power of Secretary of State to make order extinguishing right to use vehicles on a highway)—

(a) in subsection (2), for the words " The Secretary of State may, on an application made by a competent authority," there shall be substituted the words " Subject to section 206 of this Act and to subsection (9) of this section, the competent authority may ";

(b) in subsection (3), for the words " Secretary of State " there shall be substituted the words " competent authority ";

(c) in subsection (8)—

(i) for the words "Secretary of State may, on an application made by a competent authority," there shall be substituted the words " competent authority may, subject to section 206 of this Act and to subsection (9) of this section "; and

(ii) for the word " him " there shall be substituted the word " them ";

(d) in subsection (9), for the words from " before " to the end there shall be substituted the words “a competent authority shall not make an order under subsection (2) or (8) of this section—

(a) if they are not the authority exercising district planning functions, without consulting that authority ; and

(b) if they are not the highway authority, without obtaining the consent of that authority.”; and

(e) for subsection (10) there shall be substituted the following subsections—

“(10) An order under this section—

(a) may make such provision as appears to the competent authority to be necessary or expedient for the provision or improvement of any other highway (not being a trunk road such as is mentioned in paragraph (a), or a special road such as is mentioned in paragraph (b), of section 198A(1) of this Act), and may direct that any highway so provided or improved shall be maintained and managed by the highway authority;

(b) may contain such incidental and consequential provisions as appear to the competent authority to be necessary or expedient, including in particular—

(i) provision for authorising the competent authority, or requiring any other authority or person specified in the order, to make such payments, repayments or contributions as are mentioned in sub-paragraphs (i) and (ii) of paragraph (a) of subsection (3) of section 198 of this Act;

(ii) such provision as is mentioned in paragraph (b) of that subsection.

(11) The provisions of this section shall have effect without prejudice to—

(a) any power conferred on the competent authority by any other enactment to authorise the stopping up or diversion of a highway; or

(b) the provisions of section 203(1)(b) of this Act.”.

(2) Sub-paragraph (1) above has no effect as regards the operation of section 201 in relation to an extinguishment for which application was, before the coming into force of this paragraph, made to the Secretary of State, under subsection (2) of that section.