Transport and Works (Scotland) Act 2007

SCHEDULE 1 Matters within section 1

(introduced by section 2(1))

1 The construction, alteration, repair and maintenance of railways, tramways, trolley vehicle systems and other transport systems within section 1(1)(a), waterways, roads, watercourses, tunnels, bridges, buildings and other structures.

2 The carrying out of demolition or any other civil engineering or other works.

3 The acquisition of land, whether compulsorily or by agreement.

4 The creation and extinguishment of rights over land (including rights of navigation over water and fishing rights), whether compulsorily or by agreement.

5 The abrogation and modification of agreements relating to land.

6 The conferring on persons providing transport services of rights to use systems belonging to others.

7 The protection of the property or interests of any person.

8 The imposition and exclusion of obligations or of liability in respect of any acts or omissions.

9 The making of agreements to secure the provision of police services.

10 The carrying out of surveys and the taking of soil samples.

11 The payment of compensation.

12 The charging of tolls, fares (including penalty fares) and other charges, and the creation of offences in connection with non-payment (or in connection with a person’s failure to give a name and address in accordance with provisions relating to penalty fares).

13 The making of byelaws by any person and their enforcement, including the creation of offences.

14 The payment of rates.

15 The transfer, leasing, discontinuance and revival of undertakings.

16 The transfer of powers to construct or operate a transport system or inland waterway.

17 The submission of disputes to arbitration.

18 The imposition of requirements to obtain the consent of the Scottish Ministers or another person.

SCHEDULE 2 Modification of enactments

(introduced by section 29(1))

Roads (Scotland) Act 1984 (c. 54)

1 The Roads (Scotland) Act 1984 is amended as follows.

2 In section 7(9) (special roads)—

(a) the words from “Part IV” to “1945; and” are repealed, and

(b) for the words “such schemes” substitute “schemes under this section”.

3 In Schedule 1 (procedure on orders and schemes)—

(a) in paragraph 5, for the words “paragraphs 6 and 19” substitute “paragraph 6”, and

(b) in paragraph 11, for the words “paragraphs 12 and 19” substitute “paragraph 12”.

New Roads and Street Works Act 1991 (c. 22)

4 In section 27(3) (toll orders) of the New Roads and Street Works Act 1991, for the words “, paragraphs 15 and 18 of Part III, and Part IV” substitute “and paragraphs 15 and 18 of Part III”.

SCHEDULE 3 Repeals

(introduced by section 29(2))

Enactment	Extent of repeal
Harbours Act 1964 (c. 40)	In section 18(4), the words from “and a harbour” to “parliamentary procedure”
	In section 44(1), the words from “(not being” to “of that Act)”
	Section 47(3)
	In Schedule 3, paragraph 23
Docks and Harbours Act 1966 (c. 28)	Section 42(2)(a)
Roads (Scotland) Act 1984 (c. 54)	Sections 5(5), 7(8), 76(4) and 77(3)
	In Schedule 1, in each of paragraphs 7(1), 13(1) and 14C the words “Subject to paragraph 19 below,”
	In Schedule 1, paragraph 14D
	In Schedule 1, in paragraph 18 the words “, but without prejudice to paragraph 19 below”
	In Schedule 1, paragraph 19
	In Schedule 2, paragraphs 5 and 6
Pilotage Act 1987 (c. 21)	Section 1(7) and (8)
	In section 30(2), the words “to which subsection (8) of that section applies”
New Roads and Street Works Act 1991 (c. 22)	In Schedule 8, paragraphs 96(3) and 97
Transport and Works Act 1992 (c. 42)	In Schedule 3, paragraph 5(4)
Water Industry (Scotland) Act 2002 (asp 3)	In schedule 7, paragraph 14(2) and (3)