Search Legislation

Transport and Works (Scotland) Act 2007

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 18

 Help about opening options

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Transport and Works (Scotland) Act 2007. Any changes that have already been made by the team 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):

18Access to landS

This section has no associated Explanatory Notes

(1)The Scottish Ministers may by order make provision as regards—

(a)authorising prospective applicants for orders under section 1 to enter land for purposes connected with construction, operation or works to which the order would relate, or

(b)entry by the Scottish Ministers to land for purposes connected with construction, operation or works to which an order made by virtue of section 6 would relate.

(2)Without prejudice to the generality of paragraphs (a) and (b) of subsection (1)—

(a)if provision is made under paragraph (a) of that subsection it may include provision as to—

(i)conditions that must be met before authorisation is applied for,

(ii)the manner of applying for authorisation,

(iii)intimation that authorisation has been applied for,

(iv)affording an opportunity to make representations as respects the authorisation applied for (and may include provision affording any person who has made such representations an opportunity to be heard),

(v)conditions that must be met before authorisation is granted,

(vi)the attaching of conditions and limitations to any authorisation granted,

(vii)a right of appeal to the sheriff in relation to an authorisation granted or in relation to any decision to attach, or decline to attach, conditions or limitations to an authorisation granted,

(viii)the recovery of compensation for, or the making good of, any damage done in entering, or in consequence of entering, land,

(ix)the resolution of any dispute as to compensation payable for damage done in entering, or in consequence of entering, land,

(x)a right of entry to land being conferred by the sheriff by warrant where entry to which a person is entitled by virtue of this section is refused or in such other circumstances as the Scottish Ministers consider appropriate, and

(xi)an offence of wilfully obstructing a person upon whom a right of entry has been so conferred,

(b)if provision is made under paragraph (b) of that subsection it may include provision as to—

(i)intimation that entry is proposed,

(ii)affording an opportunity to make representations as respects the proposed entry (and may include provision affording any person who has made such representations an opportunity to be heard),

(iii)conditions and limitations in relation to the proposed entry,

(iv)a right of appeal to the sheriff in relation to the proposed entry,

(v)the recovery of compensation for, or the making good of, any damage done in entering, or in consequence of entering, land,

(vi)the resolution of any dispute as to compensation payable for damage done in entering, or in consequence of entering, land,

(vii)a right of entry to land being conferred by the sheriff by warrant where entry to which a person is entitled by virtue of this section is refused or in such other circumstances as the Scottish Ministers consider appropriate, and

(viii)an offence of wilfully obstructing a person upon whom a right of entry has been so conferred, and

(c)the purposes mentioned in paragraphs (a) and (b) of that subsection may include inspecting or surveying land to be entered or any other land.

Modifications etc. (not altering text)

Commencement Information

I1S. 18 in force at 28.12.2007 by S.S.I. 2007/516, art. 2

Back to top

Options/Help

Print Options

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

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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