Search Legislation

Roads (Scotland) Act 1984

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Roads (Scotland) Act 1984, Part XII is up to date with all changes known to be in force on or before 29 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part XIIS Statutory Undertakers

132 Saving for operators of [F1electronic communications code networks] .S

(1)Subject to the provisions of this section, nothing in this Act or in any scheme or enactment under or by virtue of this Act—

(a)shall affect any rights conferred by or in accordance with [F2the electronic communications code] on the operator of [F3an electronic communications code network] or any duty of any such operator under that code; or

(b)applies to any [F4electronic communications apparatus] kept installed for the purposes of any such [F5network].

(2)Where in pursuance of an order under this Act (or under an Act repealed by this Act) a road is (or was) stopped up or diverted and, immediately before that order comes (or came) into force, there is (or was) under, in, upon, over, along or across the road any [F4electronic communications apparatus] kept installed for the purposes of [F3an electronic communications code network], the operator of that [F5network] shall have the same powers in respect of that apparatus as if the order had not come into force; but any person entitled to land over which the road subsisted may require the alteration of the apparatus.

(3)Where an order under this Act (or under an Act repealed by this Act) provides for the alteration of a road and, immediately before the date on which the order comes (or came) into force, there is (or was) under, in, upon, over, along, or across the road any [F4electronic communications apparatus] kept installed for the purposes of [F3an electronic communications code network], the roads authority shall be entitled to require the alteration of the apparatus. This subsection does not have effect so far as it relates to the alteration of any [F4electronic communications apparatus] for the purpose of authority’s works as defined in [F6Part IV of the New Roads and Street Works Act 1991].

(4)[F7Paragraph [F8108(2)] of Schedule 3A to the Communications Act 2003 (the electronic communications code)] (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of subsections (1) to (3) above as it applies for the purposes of that code.

(5)[F9 Part 6 of the electronic communications code (rights to require removal of electronic communications apparatus)] shall apply in relation to any right conferred by this section to require the alteration, moving or replacement of any [F4electronic communications apparatus] as it applies in relation to a right to require the removal of such apparatus.

Textual Amendments

F1Words in s. 132 heading substituted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 16(2); S.I. 2017/1286, reg. 2(d)

F10133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

134 Extinguishment of rights of statutory undertakers to apparatus etc. in connection with schemes under section 7 and orders under section 9.S

(1)F11. . . [F12section 224 of the Town and Country Planning (Scotland) Act 1997] (extinguishment of certain subsisting rights of statutory undertakers over land required under [F12Part VIII] of that Act) shall apply—

(a)in relation to land acquired or appropriated by a special road authority for the purpose of carrying out works in pursuance of a scheme under section 7 or an order under section 9 of this Act; and

(b)in relation to land forming the site of any part of an existing road which is appropriated or transferred to a special road authority under this Act,

as it applies in relation to land acquired under the said [F12Part VIII]; and [F12sections 227 to 231 of the said Act of 1997](which contain provisions consequential upon the extinguishment of any right under [F12the said section 224]) shall have effect accordingly.

(2)The provisions of [F13the said Act of 1997] mentioned in subsection (1) above shall have effect, as applied for the purposes of this section, with the substitution for references therein to the purchasing authority of references to the special road authority.

(3)Where apparatus of statutory undertakers supplying electricity, gas, hydraulic power or water is removed in pursuance of a notice or order given or made under [F14the said section 224] (as applied for the purpose of this section), any person who is the owner or occupier of premises to which a supply was given from that apparatus shall be entitled to recover from the special road authority expenditure for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given if that expenditure was reasonably incurred in consequence of the removal.

135 Restriction of powers of local authority in whom sewer is vested.S

(1)[F15Section 134] of this Act (including the provisions of the [F16the Town and Country Planning (Scotland) Act 1997] applied by subsection (1) of the said section 134), shall, so far as applicable, apply in relation to the sewers and sewage disposal works of [F17Scottish Water] as they apply in relation to the apparatus of statutory undertakers.

(2)In the said provisions of the [F18the said Act of 1997] applied for the purposes of this section, references to the appropriate Minister shall be construed, in relation to [F19Scottish Water], as references to the Secretary of State.

(3)Where a public sewer is removed in pursuance of a notice or order given or made under [F20section 224 of the said Act of 1997] as applied for the purposes of this section, a person who is the owner or occupier of premises the drains of which communicated with that sewer, or the owner of a private sewer which communicated with that sewer, shall be entitled to recover from the special road authority expenditure for the purpose of

(a)linking his drain or sewer with—

(i)any other public sewer; or

(ii)a private sewage disposal plant; or

(b)constructing a private sewage disposal plant and linking his drain or sewer to that plant,

if that expenditure was reasonably incurred in consequence of the removal.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources