Roads (Scotland) Act 1984

55 (1) The Pipe-lines Act 1962 shall be amended in accordance with this paragraph.

(2) In section 15 (power to place pipe-lines in streets)—

(a) in subsections (1) to (9), for the word " street", wherever it occurs, there shall be substituted the word " road " ;

(b) in subsection (4), in each of the paragraphs (c) to (d), for the word " highway " there shall be substituted the words " road over which there is a public right of passage " ;

(c) in subsection (7), for the words from " shall be determined " to the end there shall be substituted the words " shall be referred to the arbitration of a single arbiter appointed by agreement between the parties concerned or, in default of agreement, by the sheriff; and in any such arbitration the arbiter may, and, if so directed by the Court of Session, shall, state a case for the decision of that court on any question of law arising in the arbitration. " ; and

(d) for subsections (10) and (11) there shall be substituted the following subsection—

“(10) In this section, except where the context otherwise requires—

• " appropriate authority", in relation to a road, means—

  (a)

  where the road is a public road, the roads authority;

  (b)

  where the road is a prospective public road, the roads authority and the road managers ;

  (c)

  where the road is neither a public road nor a prospective public road, the road managers ;

• " carriageway" has the same meaning as in the Roads (Scotland) Act 1984 ;

• " prospective road " shall be construed in accordance with section 1(4)(b) of the Public Utilities Street Works Act 1950;

• " protected road " means—

  (a)

  a special road ;

  (b)

  a trunk road ; or

  (c)

  such other road as is for the time being classified by the Secretary of State under section 11(1) of the said Act of 1984 as a protected road for the purposes of this Act;

• " public road " has the same meaning as in the said Act of 1984;

• " road " and " road managers " have the same meanings as in the said Act of 1950 ; and

• " roads authority ", " special road " and " trunk road " have the same meanings as in the said Act of 1984.”.

(3) In section 16 (modification of street works code in application to pipe-line works)—

(a) in subsection (1)—

(i) for the word " street ” where it occurs for the first and fourth times, there shall in each case be substituted the word " roads " ;

(ii) for the words " street which is a maintainable highway or is prospectively a maintainable highway" there shall be substituted the words " road which is a public road or prospective public road " ;

(iii) for the word " street", where it occurs for the third time, there shall be substituted the word " road " ; and

(iv) for the word " arbitrator " there shall be substituted the word " arbiter " ; and

(b) in subsection (2)(b), for the word " arbitrator" there shall be substituted the word " arbiter " .

(4) In section 66(1) (interpretation), in the definition of " in ", for the word " street" there shall be substituted the word " road " .