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Revised Statute from The UK Statute Law Database

Roads (Scotland) Act 1984 (c. 54)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2003, 2004, 2005, 2006, 2007, 2008 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Roads (Scotland) Act 1984

1984 CHAPTER 54

Contents

Go to Preamble

  1. Part I

    Public Roads

    1. General powers and duties of roads authorities

      1. 1. Powers and duties of local roads authorities

      2. 2. Powers and duties of Secretary of State as roads authority: management and maintenance

      3. 3. Power of Secretary of State to make advances to local roads authorities etc

      4. 4. Agreements between authorities

    2. Trunk roads

      1. 5. Trunk roads

      2. 6. Local and private Act functions with respect to trunk roads

    3. Special roads

      1. 7. General provision as to special roads

      2. 8. Further provision as regards classification of traffic for purposes of special roads

      3. 9. Supplementary orders relating to special roads

      4. 10. Certain special roads to be trunk roads

    4. Classification of roads

      1. 11. Classification of roads

    5. Supplementary

      1. 12. Powers as respects roads that cross or join public roads other than special roads

    6. Transitory provisions

      1. 12A. Transitional power of Secretary of State as respects existing roads

      2. 12B. Transitional power of Secretary of State as respects proposed roads

      3. 12C. Transitional power of Secretary of State as respects special road schemes

      4. 12D. Application of section 112 to orders under sections 12A, 12B, 12C and 12E

      5. 12E. Further power of Secretary of State as respects proposed roads and special road schemes

      6. 12F. Further provisions as to orders

  2. Part II

    Private Roads

    1. 13. Making up and maintenance of private roads

    2. 14. Power to contribute to, or carry out, work on private roads

    3. 15. Emergency work in relation to private roads

    4. 16. Application for private road to become public road

    5. 17. Security for private road works relating to housing

    6. 18. Power of local roads authority to take over footpaths associated with development

  3. Part III

    New Roads

    1. 19. Construction of new roads by Secretary of State as roads authority

    2. 20. Construction of new roads other than special roads by local roads authority; and entry of such new roads and of special roads in list of public roads

    3. 20A.Environmental assessment of certain road construction projects

    4. 20B. Projects with significant transboundary effects

    5. 21. Requirement of consent for new roads built other than by roads authority

    6. 22. Offences in relation to construction of new roads

    7. 23. Power to stop up or temporarily close new road where construction consent absent or not conformed with

  4. Part IV

    Improvements and Maintenance

    1. Levels

      1. 24. Alteration of levels of public roads

    2. Safety

      1. 25. Provision of footways

      2. 26. Pedestrian subways and footbridges

      3. 27. Dual carriageways, roundabouts and refuges

      4. 28. Fences etc. to safeguard persons using public roads

      5. 29. Further provision as to fences

    3. Natural dangers

      1. 30. Works for protecting roads against hazards of nature

      2. 31. Drainage of roads

      3. 32. Contributions to drainage works and flood prevention operations

      4. 33. Snow gates

      5. 34. Clearance of snow and ice

    4. Lighting

      1. 35. Provision of lighting by roads authorities

    5. Road humps

      1. 36. Construction of road humps by roads authority

      2. 37. Consultation and local inquiries as regards road humps

      3. 38. Regulations concerning construction and maintenance of road humps

      4. 39. Status of road humps

    6. Other traffic calming works

      1. 39A. Powers to carry out traffic calming works

      2. 39B. Prescribing of works

      3. 39C.

    7. Interpretation: Road humps and other traffic calming works

      1. 40. Interpretation of sections 36 to [39C]

    8. Cattle-grids

      1. 41. Provision of cattle-grids and by-passes

      2. 42. Removal of cattle-grids and discontinuance of by-passes

      3. 43. Maintenance of cattle-grids and by-passes

      4. 44. Exercise of powers in respect of cattle-grids etc. by agreement between neighbouring authorities

      5. 45. Supersession of gates by cattle-grids

      6. 46. Agreements for use of land for cattle-grids or by-passes

      7. 47. Contributions towards expenditure of roads authorities in connection with cattle-grids

    9. Miscellaneous improvements

      1. 48. Contributions towards expenditure on constructing or improving roads

      2. 49. Provision of bus shelters, etc. by local roads authorities

    10. Equipment for detection of traffic offences

      1. 49A. Power to install equipment for detection of traffic offences

      2. 50. Planting of trees, shrubs and grass or other plants by roads authority

      3. 51. Planting of trees, shrubs and grass or other plants by person other than roads authority

      4. 52. Power to execute works to mitigate adverse effect of constructing or improving etc. road

      5. 53. Agreements as to use of land near roads

      6. 54. Power to instal refuse or storage bins in roads

      7. 55. Provision of picnic sites for trunk roads etc

      8. 55A. Environmental assessment of certain road improvement projects

      9. 55B. Application of section 20B

  5. Part V

    Roads and Building Control

    1. Works and excavations

      1. 56. Control of works and excavations

      2. 57. Dangerous works

      3. 58. Occupation of parts of road for deposit of building materials etc

      4. 59. Control of obstructions in roads

      5. 60. Fencing and lighting of obstructions and excavations

      6. 61. Granting of permission to place and maintain etc. apparatus under a road

      7. 61A.Charge for occupation of road

    2. Control of traffic

      1. 62. Temporary prohibition or restriction of traffic etc. on roads for reasons of public safety or convenience

    3. Footpaths, footways and verges

      1. 63. New access over verges and footways

      2. 64. Use of appliances etc. on footways, footpaths and cycle tracks

    4. Horse traffic etc

      1. 65. Regulation of drivers of horsedrawn carts etc

    5. Miscellaneous

      1. 66. Maintenance of vaults and cellars etc

      2. 67. Power to direct that doors etc. should not open outward into road

  6. Part VI

    Access and Stopping Up

    1. 68. Power of roads authorities to stop up roads by order

    2. 69. Stopping up of dangerous access from public road to land

    3. 70. Stopping up of access to land from certain roads being constructed

    4. 71. Provisions supplementary to sections 68 to 70

    5. 72. Stopping up private access to land by agreement

    6. 73. Expenses incurred under section 69 or by virtue of section 70 or 72

    7. 74. Temporary provision of substitute road

  7. Part VII

    Bridges, Tunnels and Diversion of Water

    1. 75. Bridges over and tunnels under navigable waters

    2. 76. Provisions supplementary to section 75

    3. 77. Discontinuation of operation of certain swing bridges

    4. 78. Power to divert waters when constructing or improving public road etc

    5. 79. Powers of roads authorities and bridge owners to enter into agreements

    6. 80. Transfer to Secretary of State of privately maintainable bridges carrying trunk roads

    7. 81. Transfer to special road authority of privately maintainable bridges carrying special roads

    8. 81A. Roads authority for boundary bridges

    9. 82. Protection of bridges and railways

  8. Part VIII

    Interference and Damage

    1. Obstruction of view

      1. 83. Prevention of obstruction of view at corners, bends and junctions

      2. 84. Determination of questions arising out of section 83

    2. General obstruction

      1. 85. Control of builders’ skips on road

      2. 86. Removal of builders’ skips causing danger or obstruction

      3. 87. Power to remove structures from roads

      4. 88. Removal of projections which impede or endanger road users

      5. 89. Removal of accidental obstructions from roads

      6. 90. Restriction on placing bridges, beams, rails etc. over roads

      7. 91. Prevention of danger to road from nearby vegatation and fences etc. or from retaining walls being inadequate

      8. 92. Restriction on planting of trees etc. near carriageway

    3. Roadside dangers

      1. 93. Protection of road users from dangers near a road

      2. 94. Power to fill in roadside ditches etc

    4. Vehicles

      1. 95. Deposit of mud from vehicles on roads

      2. 96. Extraordinary expenses in repairing roads damaged by heavy vehicles etc

    5. Miscellaneous

      1. 97. Trading

      2. 98. Control of stray and other animals on roads

      3. 99. Prevention of flow of water etc. onto roads

    6. Offences

      1. 100. Damage to roads etc

      2. 101. Placing rope, wire or other apparatus in road without adequate warning

      3. 102. Ploughing of unenclosed land

  9. Part IX

    Acquisition, Transfer, Vesting and Compensation

    1. Acquisition

      1. 103. General provision as to acquisition of land

      2. 104. Acquisition of land for construction, improve-ment or protection of public roads etc

      3. 105. Further provision as regards acquisition of land for construction, improvement etc. of public roads

      4. 106. Acquisition of land for mitigating adverse effects of construction of road

      5. 107. Acquisition of land in connection with cattle-grids

      6. 108. Acquisition of land for provision of picnic site

      7. 109. Distance limits for purposes of compulsory acquisition

      8. 110. General provisions as to acquisition of land

      9. 111. Concurrent proceedings for special and trunk roads schemes and orders

    2. Vesting and transfer

      1. 112. Transfer of property and liabilities upon road becoming or ceasing to be a trunk road

      2. 113. Transfer of property and liabilities in connection with special roads etc

      3. 113A. Dissolution of certain bodies in consequence of order under section 9

      4. 114. Transfers of officers and property in connection with lighting and bus shelters, etc

      5. 115. Vesting of solum of stopped up road

    3. Compensation

      1. 116. Right to compensation for damage from works

      2. 117. Determination of disputes as to compensation

      3. 118. Compensation where interest in land subject to heritable security

      4. 119. Compensation for land acquired as service area for special road

  10. Part X

    Miscellaneous

    1. 120. Duty to have regard to needs of disabled and blind in executing works etc

    2. 121. Power to obtain road-making materials

    3. 122. Saving for Coast Protection Act 1949

    4. 123. Saving for obligation to obtain planning permission

    5. 124. Power to conduct experiments as regards roads construction etc

    6. 125. Extension of section 34 of Road Traffic Regulation Act 1984

    7. 126. Restricted roads: amendment of Road Traffic Regulation Act 1984

    8. 127.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    9. 128. Saving for, and extension of section 80 of, Health and Safety at Work etc. Act 1974

  11. Part XI

    Offences

    1. 129. Miscellaneous summary offences

    2. 130. Offences by bodies corporate

    3. 131. Penalties and mode of trial

  12. Part XII

    Statutory Undertakers

    1. 132. Saving for operators of telecommunications code systems

    2. 133.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

  13. Part XIII

    General

    1. Notices

      1. 136. Contents of notices

      2. 137. Service of notices

      3. 138. Time for enforcing certain notices

    2. Inquiries

      1. 139. Holding of inquiries

    3. Powers of entry etc

      1. 140. Powers of entry

      2. 141. Power of roads authority to execute works etc. on default of person required to do so

      3. 142. Power to require occupier to permit work to be executed by owner

    4. Regulations, orders and schemes

      1. 143. Regulations, orders and schemes

      2. 144. Regulations for procedure in schemes and orders for special roads and trunk roads

      3. 145. Revocation and variation of certain schemes and orders

    5. Crown application

      1. 146. Application of Act to Crown land

    6. Financial provisions

      1. 147. Recovery of costs of certain orders

      2. 148. Exemption from stamp duty

      3. 149. Interest on expenses

      4. 150. Expenses

    7. Interpretation

      1. 151. Interpretation

      2. 152. Further provision as to interpretation and certain ancillary powers

    8. Supplementary

      1. 153. Consequential provision

      2. 154. Local enactments

      3. 155. General adaptation of subordinate legislation etc

      4. 156. Amendments, transitional provisions and repeals

      5. 157. Short title, commencement and extent

  14. SCHEDULE 1

    Procedures for Making or Confirming Certain Orders and Schemes

  15. SCHEDULE 2

    Validity and Date of Operation of Certain Orders and Schemes

  16. SCHEDULE 3

    Classes of Traffic for Purposes of Special Roads

  17. SCHEDULE 4

    Procedure for Determination by Roads Authority of Certain Questions in Connection with Cattle-Grids

  18. SCHEDULE 5

    Distance Limits from Public Road for Purposes of Compulsory Acquisition

  19. SCHEDULE 6

    Special Transitional Provisions for Trunk Roads

  20. SCHEDULE 7

    Restricted Roads

  21. SCHEDULE 8

    Penalties for Offences

  22. SCHEDULE 9

    Minor and Consequential Amendments

  23. SCHEDULE 10

    Transitional Provisions and Savings

  24. SCHEDULE 11

    Repeals

An Act to make provision as regards roads in Scotland; and for connected purposes.

[31st October 1984]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Modifications etc. (not altering text)

C1Act extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1), Sch. 7 para. 2(1)(xlvi), Sch. 8 para. 33 and Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 2(7)(b), Sch. 17 para. 35(1)

Act extended (1.3.1996) by 1995 c. 45 s. 16(1), Sch. 4, para. 2(1)(xxxiv); S.I. 1996/218 art. 2

C2Act modified by S.I. 1986/509, art. 7(2)

C3Act definitions of "roads authority", "local roads authority", "special road authority" and "special road" applied (21.10.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 47(1) (with savings s. 47(4), 167(2)); S.I. 1991/2286, art. 2(1), Sch. 1

C4Act definitions of "carriageway" and "footway" applied (14.7.1992) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 164(1); S.I. 1992/1671, art. 2, Sch.

C5Act definitions of "carriageway" and "main road" applied (1.1.1993) by Pipelines Act 1962 (c. 58, SIF 102), s. 15(10) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 101(3); S.I. 1992/2990, art. 2(2), Sch. 2

C6Act definitions of "footpath" and "cycle track" applied (1.7.1992) by s. 15 of Road Traffic Regulation Act 1984 (c. 27, SIF 107:1) as substituted (1.7.1992) by Road Traffic (Temporary Restrictions) Act 1991 (c. 26, 107:1) s. 1(1), Sch. 1; S.I. 1992/1218, art. 2

C7Act definition of "public road" applied (30.11.1991) by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), s. 9(2)(a)(ii) (with saving s. 37(4), Sch. 7); S.I. 1991/2508, art. 2

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