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Part 6 Supplementary

80 Incorporation of enactments

(1) The Lands Clauses Acts, except sections 120 to 125 of the 1845 Act, so far as they are applicable for the purposes of, and are not varied by or inconsistent with, the provisions of this Act, are incorporated with this Act.

(2) Section 6 of the Railway Clauses Consolidation (Scotland) Act 1845 is incorporated with this Act to the extent that it applies to compensation payable in respect of diminution in value to properties caused by construction works, and for the avoidance of doubt no other provisions of the Railway Clauses Consolidation (Scotland) Act 1845 are incorporated with this Act.

(3) In construing the enactments incorporated with this Act—

(a) this Act shall be deemed to be the special Act;

(b) the authorised undertaker shall be deemed to be the promoters of the undertaking or the company; and

(c) the authorised works shall be deemed to be the works or the undertaking.

81 Interpretation

In this Act, unless the context otherwise requires—

  • “the 1845 Act” means the Lands Clauses Consolidation (Scotland) Act 1845 (c. 19);

  • “the 1963 Act” means the Land Compensation (Scotland) Act 1963 (c. 51);

  • “the 1984 Act” means the Road Traffic Regulation Act 1984 (c. 27);

  • “the 1991 Act” means the New Roads and Street Works Act 1991 (c. 22);

  • “the 1997 Act” means the Town and Country Planning (Scotland) Act 1997 (c. 8);

  • “authorised road tramway” means any road tramway authorised by this Act;

  • “the authorised tramway” means the tram system (consisting of the authorised road tramways and the authorised tramroads) authorised by this Act or any part of that system;

  • “authorised tramroad” means any tramroad authorised by this Act;

  • “the authorised undertaker” means the Council, or any other person who by virtue of an agreement made under section 68 (Powers of disposal, agreements for operation, etc.) may exercise any power conferred by this Act;

  • “the authorised works” means the scheduled works and any other works authorised by this Act;

  • “the book of reference” means the book of reference submitted to the Parliament as an accompanying document with the Bill for this Act together with the amendments made to it to delete the following plots, 42-59 (including plots 50a and 51a), 223, 226-238 (including 232a), 240, 241, 243-249, 251, 253, 256, 258, 260 and 261 and to insert the following plots, 477-524;

  • “the Council” means the City of Edinburgh Council;

  • “limits of deviation” mean the limits so described on the Parliamentary plans;

  • “limits of land to be acquired or used” mean the limits so described on the Parliamentary plans;

  • “maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;

  • “Network Rail” means Network Rail Limited or its successor;

  • “the Parliament” means the Scottish Parliament;

  • “the Parliamentary plans” means the plans submitted to the Parliament as accompanying documents with the Bill for this Act together with amendments made to sheet i, ii, 3, 4, 6, 7, 13, 14, 15, 16, 17, 19, 20, 21 and 23;

  • “the Parliamentary sections” means the sections submitted to the Parliament as accompanying documents with the Bill for this Act together with amendments made to sheet 28;

  • “road” and “roads authority” have the same meaning as in the Roads (Scotland) Act 1984 (c. 54);

  • “road tramway” means any tramway which is situated in the carriageway of a road, or in a reserved area of a road which vehicles other than trams are deterred or prevented from using, or in any other place to which the public has access (including a place to which the public has access only on making a payment);

  • “the road works authority” has the same meaning as in Part IV of the 1991 Act;

  • “the scheduled works” means the works specified in schedule 1 to this Act or any part of them;

  • “the sheriff” means the sheriff principal of, or any sheriff appointed to, the sheriffdom of Lothian and Borders;

  • “tram” means any vehicle (whether or not used for the carriage of passengers) carried on flanged wheels along the rails of a tramway;

  • “tramroad” means any part of a tramway that is not a road tramway;

  • “tramway” means a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails which provide support and guidance for vehicles carried on flanged wheels;

  • “tramway premises” means premises of the authorised undertaker used for or in connection with the operation of the authorised tramway including any tunnel, depot or building and any tram; and

  • “the tribunal” means the Lands Tribunal for Scotland.

82 Orders

(1) Any power of Scottish Ministers to make orders under this Act shall be exercisable by statutory instrument.

(2) Any such power includes power to make—

(a) such incidental, consequential, supplementary or transitional provision as Scottish Ministers think necessary or expedient; and

(b) different provision for different cases and different classes of case.

(3) A statutory instrument containing an order made under this Act shall be subject to annulment in pursuance of a resolution of the Parliament.

83 Short title

This Act may be cited as the Edinburgh Tram (Line Two) Act 2006.

SCHEDULE 1 Scheduled works

(introduced by section 1)

In the local government area of the City of Edinburgh—

  • Work No. 1—A road tramway 463 metres in length (single line) extending from its junction with the termination of Work No. 3 at a point on Princes Street near the Sir Walter Scott Monument, along Princes Street, South St. Andrew Street, the east side of St. Andrew Square, North St. Andrew Street to a point on North St. Andrew Street south of the junction with Queen Street.

  • Work No. 2—A road tramway 495 metres in length (single line) extending from its junction with the termination of Work No. 3 at a point on Princes Street near the Sir Walter Scott Monument, along South St. David Street, the west side of St. Andrew Square, North St. David Street, Queen Street and North St. Andrew Street to its junction with the termination of Work No. 1 on North St. Andrew Street.

  • Work No. 3—A road tramway 1724 metres in length (double line) extending from its junction with the termination of Work No. 4, along Haymarket Terrace, Clifton Terrace, West Maitland Street, Shandwick Place, Rutland Place and Princes Street to its junction with the commencement of Work No. 1 at a point near the Sir Walter Scott Monument.

  • Work No. 4—A tramroad 670 metres in length (double line, with additional layover siding of approximately 100 metres in length) and associated retaining wall structures extending from a point close to 57 Balbirnie Place along the reserved public transport corridor between Balbirnie Place, CA House, Elgin House and the railway, on-road along Haymarket Yards, before running off-road to the north of Rosebery House to a point on the south side of Haymarket Terrace near Haymarket Station.

  • Work No. 5—A tramroad 1650 metres in length (double line) extending from its junction with the commencement of Work No. 4, crossing Russell Road by bridge, crossing Roseburn Street by bridge, crossing the Water of Leith by viaduct and crossing Balgreen Road by bridge, to a point close to the Jenners Depository, including construction of a viaduct along the north side of the main railway line.

  • Work No. 5A—A path and cycleway 300 metres in length extending from a junction with Russell Road south across the disused railway lines to a junction with Balbirnie Place near 46 Balbirnie Place.

  • Work No. 5B—A tramroad 105 metres in length (double line) extending from a point on Work No. 5 to the east of Russell Road, crossing Russell Road by bridge, to a point on the disused railway lines near 46 Balbirnie Place.

  • Work No. 5C—An access road 142 metres in length extending from a junction with Russell Road near 20 Russell Road, crossing Work No. 5 on the level, to a point near the main railway line sidings.

  • Work No. 5D—An access road 66 metres in length extending from a junction with Roseburn Street near the entrance to Murrayfield Stadium, under Work No. 5, to a point near the main railway sidings.

  • Work No. 5E—An access road 30 metres in length extending from a junction with Roseburn Street north of the junction with West Approach Road, under Work No. 5, to a point near Murrayfield Stadium.

  • Work No. 5F—An access road 116 metres in length extending from a junction with Balgreen Road near the junction with Whitson Road, along Pansy Walk and northeast to a point near the main railway line.

  • Work No. 5G—An access road 305 metres in length extending from a point near where the main railway line crosses Leith Water to a point near where the main railway line crosses Balgreen Road, including a junction with the termination of Work No. 5F.

  • Work No. 5H—An access road 172 metres in length extending from a junction with Balgreen Road south of the junction with Baird Drive, crossing Work No. 5 on the level, to a point close to the Jenners Depository.

  • Work No. 6—A tramroad 1188 metres in length (double line) extending from its junction with the termination of Work No. 5, crossing the main railway lines by bridge, to Saughton Mains Street.

  • Work No. 6A—Diversion of Carrick Knowe footpath 42 metres in length extending from a junction with Stenhouse Drive, crossing Work No. 6 on the level, to a point on the existing Carrick Knowe footpath.

  • Work No. 7—A tramroad 3150 metres in length (double line) extending from its junction with the termination of Work No. 6, crossing Saughton Road by bridge, crossing Broomhouse Road by bridge, crossing South Gyle Access by bridge and crossing the main railway line by viaduct, to a point near Lochside Way, including provision of a footpath and cycleway.

  • Work No. 7A—An access road 251 metres in length extending from a junction with Cultins Road to a junction with the roundabout at Hermiston Gait.

  • Work No. 8—A tramroad 950 metres in length (double line) extending from its junction with the termination of Work No. 7, crossing Lochside Avenue on the level, crossing South Gyle Broadway on the level and terminating at a point between South Gyle Broadway and the car park of the Gyle Shopping Centre.

  • Work No. 9—A tramroad 4099 metres in length (double line) extending from its junction with the termination of Work No. 8, under the A8 Glasgow Road, crossing the access road to Meadowfield Farm on the level, crossing the access road to Gogar Castle on the level, crossing the access road to Gogar Farm on the level, crossing Gogar Burn by bridge, crossing Gogar Mains Farm Road on the level, past the Ingliston Park and Ride, crossing the access road to Edinburgh Airport on the level and terminating at a point to the south of the Edinburgh Airport terminal building, including construction of a depot north of the A8 Glasgow Road and construction of a car park for the Ingliston Park and Ride.

  • Work No. 9A—An access road 585 metres in length extending from a junction with the access road to Meadowfield Farm along the access road to Castle Gogar to a junction with the A8 Glasgow Road.

  • Work No. 10—A tramroad 530 metres in length (double line) extending from its junction with Work No. 9 at the Ingliston Park and Ride, crossing Eastfield Road on the level, to a point near the A8 Glasgow Road north of No. 4 Ingliston, including construction of a car park for the Ingliston Park and Ride.

  • Work No. 11—A road tramway 890 metres in length (double line) extending from its junction with the termination of Work No. 10, crossing Ingliston Road on the level, along the A8 Glasgow Road to a point south of the junction with Hallyards Road.

  • Work No. 12—A tramroad 950 metres in length (double line) extending from its junction with the termination of Work No. 11, crossing Station Road on the level, to Harvest Road.

  • Work No. 12A—A path 84 metres in length, crossing work No. 12 on the level.

  • Work No. 13—A road tramway 1817 metres in length (double line) extending from its junction with the termination of Work No. 12, along Harvest Road, under the M9 motorway, along Cliftonhall Road, along Newbridge Industrial Estate Road and terminating at a point west of the Newbridge Roundabout.

  • Work No. 13A—A revision to the road layout 154 metres in length of the Newbridge Industrial Estate Access Road at the termination of Work No. 13.

  • Work No. 13B—A revision to the road layout 386 metres in length of the B7030 near Newbridge Industrial Estate and the Newbridge Roundabout at the termination of Work No. 13.