Part IINew Roads in Scotland

Toll Roads

30Extension toll orders

1

Where a toll order authorises the special road authority to assign their rights under the order to charge and collect tolls and—

a

the authority fail to do so;

b

such an assignation terminates or is terminated within the toll period; or

c

the authority wish to charge and collect tolls beyond the toll period,

a further order (an “extension toll order”) may be made to authorise the authority to charge and collect tolls for a new toll period.

2

An extension toll order shall not authorise the special road authority to assign their rights under it to charge and collect tolls.

3

An extension toll order relating to a special road for which the Secretary of State is roads authority shall be made by the Secretary of State; and an extension toll order relating to a road for which the roads authority is a local authority shall be made by that authority and confirmed by the Secretary of State.

4

Any extension toll order must be made so as to come into force not later than—

a

the end of the toll period under the previous toll order; or

b

where the assignation under section 28(1) terminates or is terminated before the end of that period, two years after the termination of the assignation,

whichever is the earlier.

5

The following provisions of this Act apply in relation to an extension toll order as in relation to a toll order under section 27(1)—

  • section 29(1) and (2) (the toll period)

  • section 31 (amount of tolls chargeable by special road authority),

  • section 33 (application of enactments relating to monopolies, etc.),

  • section 34 (variation and revocation of order),

  • sections 36 to 40 (further provisions with respect to tolls), and

  • section 41 (report by Secretary of State).

6

The power of the Secretary of State to make or confirm an extension toll order shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and the provisions of Schedules 1 and 2 to the [1984 c. 54.] Roads (Scotland) Act 1984 (procedure in connection with orders) shall not apply to an order under this section.