Part 1 Works

Principal works powers

1 Power to construct works

(1) The authorised undertaker may construct and maintain the scheduled works or any part of them, as specified in schedule 1.

(2) Subject to section 2 (Power to deviate), the scheduled works may only be constructed in the lines or situations shown on the Parliamentary plans and in accordance with the levels shown on the Parliamentary sections.

(3) Subject to subsection (7), the authorised undertaker may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of, the scheduled works, namely—

(a) stopping places;

(b) works required for, or in connection with, the control of any vehicular and pedestrian traffic on the authorised tramway;

(c) works required for the strengthening, improvement, repair or reconstruction of any road;

(d) works for the strengthening, alteration or demolition of any building or structure;

(e) works to alter the position of any road furniture or apparatus, including mains, sewers, drains and cables and lights;

(f) works to alter the course of, or otherwise interfere with, rivers, streams or watercourses;

(g) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works; and

(h) facilities and works for the benefit or protection of land or premises affected by the authorised works.

(4) Subject to subsection (7), the authorised undertaker may carry out and maintain such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works.

(5) The authorised undertaker may remove any works constructed by it pursuant to this Act which have been constructed as temporary works or which it no longer requires.

(6) Where the authorised undertaker lays down conduits for the accommodation of cables or other apparatus for the purposes of the authorised works or associated traffic control, it may provide in, or in connection with, such conduits accommodation for the apparatus of any other person, and manholes and other facilities for access to such accommodation, and may permit the use of such conduits and facilities on such terms and conditions as may be agreed between it and such other person.

(7) Subsections (3) and (4) shall only authorise the carrying out or maintenance of works—

(a) within the limits of deviation shown on the Parliamentary plans for the scheduled works; or

(b) on land specified in columns (1) and (2) of schedule 6 for the purpose specified in relation to that land in column (3) of that schedule (being land shown on the Parliamentary plans as lying within the limits of land to be acquired or used).

2 Power to deviate

(1) In constructing or maintaining any of the scheduled works, the authorised undertaker may—

(a) deviate laterally from the lines or situations shown on the Parliamentary plans within the limits of deviation for that work shown on those plans, and

(b) deviate vertically from the levels shown on the Parliamentary sections—

(i) to any extent not exceeding 3 metres upwards, and

(ii) to any extent downwards.

(2) The authorised undertaker may in constructing or maintaining any of the authorised tramroads or authorised road tramways lay down—

(a) double lines of rails instead of single lines,

(b) single lines of rails instead of double lines,

(c) interlacing lines of rails instead of double or single lines, or

(d) double or single lines of rails instead of interlacing lines.

(3) The power in subsection (2) shall not be exercised in the case of any authorised road tramway without the consent of the road works authority, but such consent shall not be unreasonably withheld.

(4) The authorised undertaker may in constructing and maintaining any of the authorised tramroads provide within the limits of deviation for those tramroads such number of lines of rails and sidings as may be necessary or expedient.

3 Power to alter the layout of roads

(1) The authorised undertaker may alter the layout of any road specified in columns (1) and (2) of schedule 2 in the manner specified in relation to that road in column (3) of that schedule.

(2) Without prejudice to the specific power conferred by subsection (1) but subject to subsection (3), the authorised undertaker may for the purpose of constructing, maintaining or using any authorised road tramway alter the layout of the road along which the tramway is laid; and, without prejudice to the generality of the foregoing, the authorised undertaker may—

(a) increase the width of the carriageway of the road by reducing the width of any kerb, footpath, footway, cycle track or verge within the road,

(b) alter the level or reduce the width of any such kerb, footpath, footway, cycle track or verge,

(c) reduce the width of the carriageway of the road by forming a reserved area in the road as a stopping place for trams or by carrying out other works for that purpose,

(d) carry out works to the carriageway of the road for the purpose of deterring or preventing vehicles other than trams from passing along the tramway,

(e) carry out works for the provision or alteration of parking places and bus lay-bys, and

(f) make and maintain crossovers, sidings or passing places.

(3) The powers in subsection (2) shall not be exercised without the consent of the roads authority, but such consent shall not be unreasonably withheld.

(4) The alteration of the layout of a road under this section shall be deemed to be a determination of the right of passage along that road under section 1(1) (Powers and duties of local roads authorities) of the Roads (Scotland) Act 1984 (c. 54).

4 Power to keep apparatus in roads

(1) The authorised undertaker may, for the purposes of or in connection with the construction, maintenance and use of any authorised road tramway, place and maintain in any road along which the tramway is laid any work, equipment or apparatus including, without prejudice to the generality of the foregoing, foundations, platforms, road islands, substations, electric lines and any electrical or other apparatus.

(2) In this section—

(a) “apparatus” has the same meaning as in Part IV of the 1991 Act;

(b) “electric line” has the meaning given by section 64(1) (Interpretation etc. of Part I) of the Electricity Act 1989 (c. 29); and

(c) the reference to any work, equipment or apparatus in a road includes a reference to any work, equipment or apparatus under, over, along or upon the road.

5 Power to execute road works

(1) The authorised undertaker may, for the purposes of exercising the powers conferred by section 4 (Power to keep apparatus in roads) and the other provisions of this Act, enter upon so much of any road in which tramways are or are to be laid and any road having a junction with such a road and may—

(a) break up or open the road, or any sewer drain or tunnel under it, or tunnel or bore under the road;

(b) remove and use the soil or other materials in or under the road;

(c) place apparatus in the road;

(d) maintain or change the position of apparatus in the road; and

(e) execute any works required for or incidental to the exercise of those powers.

(2) This section is subject to paragraph 3 of schedule 9.

6 Permanent stopping up of roads

(1) Subject to the provisions of this section, the authorised undertaker may, in connection with the construction of the authorised works, permanently stop up each of the roads specified in column (1) and (2) of Parts 1 and 3 of schedule 3 and stop up each of the roads mentioned in columns (1) and (2) of Part 2 of that schedule to vehicular rights of access and egress, to the extent specified, by reference to the letters and numbers shown on the Parliamentary plans, in column (3) of Parts 1, 2 and 3 of that schedule.

(2) No road specified in columns (1) and (2) of Part 1 of schedule 3 (being a road to be stopped up for which a substitute is to be provided) shall be wholly or partly stopped up under this section until either—

(a) the new road to be substituted for it, and which is specified in relation to it by reference to the letters and numbers shown on the Parliamentary plans in column (4) of that Part of that schedule, has been completed to the reasonable satisfaction of the roads authority and is open for use; or

(b) a temporary alternative route is first provided and thereafter maintained by the authorised undertaker to the reasonable satisfaction of the roads authority between the commencement and termination points of the road to be stopped up until completion and opening of the new road in accordance with paragraph (a).

(3) No road specified in columns (1) to (3) of Part 3 of schedule 3 (being a road to be stopped up for which no substitute is to be provided) shall be wholly or partly stopped up under this section unless a condition specified in subsection (4) is satisfied in relation to all the relevant land; and for this purpose “relevant land” means any land which abuts on either side of the road to be stopped up.

(4) The condition referred to in subsection (3) is that—

(a) the authorised undertaker is in possession of the land,

(b) there is no right of access to the land from the road concerned,

(c) there is reasonably convenient access to the land otherwise than from the road concerned, or

(d) the owners and occupiers of the land have agreed to the stopping up.

(5) Where a road has been stopped up under this section—

(a) all rights of way (or in the case of a road specified in Part 2 of schedule 3 all vehicular rights of way) over or along it shall be extinguished, and

(b) the authorised undertaker may appropriate and use for the purposes of its undertaking so much of the site of the road as is bounded on both sides by land owned by the authorised undertaker.

(6) Any person who suffers loss by the extinguishment or suspension of any private right of way under this section shall be entitled to compensation to be determined, in case of dispute, under the 1963 Act.

(7) This section is subject to paragraph 2 of schedule 9.

Supplemental powers

7 Temporary stopping up of roads

(1) The authorised undertaker, during and for the purposes of the execution of the authorised works, may temporarily stop up, alter or divert any road and may for any reasonable time—

(a) divert the traffic from the road, and

(b) subject to subsection (3), prevent all persons from passing along the road.

(2) Without prejudice to the generality of subsection (1), the authorised undertaker may use any road stopped up under the powers conferred by this section as a temporary working site.

(3) The authorised undertaker shall provide reasonable access for pedestrians going to or from premises abutting on a road affected by the exercise of the powers conferred by this section if there would otherwise be no such access.

(4) Without prejudice to the generality of subsection (1), the authorised undertaker may exercise the powers conferred by this section in relation to the roads specified in columns (1) and (2) of schedule 4 to the extent specified, by reference to the letters and numbers shown on the Parliamentary plans, in column (3) of that schedule.

(5) The authorised undertaker shall not exercise the powers conferred by this section—

(a) in relation to any road specified as mentioned in subsection (4) without first consulting the road works authority, and

(b) in relation to any other road without the consent of the road works authority, but such consent shall not be unreasonably withheld.

(6) The provisions of the 1991 Act mentioned in subsection (7) and any regulations made, or code of practice issued or approved under, those provisions shall apply (with the necessary modifications) in relation to the stopping up, alteration or diversion of a road by the authorised undertaker under the powers conferred by this section even where no road works are executed in that road.

(7) The provisions of the 1991 Act referred to in subsection (6) are—

(a) section 113 (Advance notice of certain works);

(b) section 114 (Notice of starting of works);

(c) section 118 (General duty of road works authority to co-ordinate works);

(d) section 128 (Works likely to affect other apparatus in the road);

(e) section 135 (Liability for cost of temporary traffic regulation);

(f) section 136 (Liability for cost of use of alternative route); and

(g) all other such provisions as apply for the purposes of the provisions mentioned above.

(8) Any person who suffers loss by the suspension of any private right of way under this section shall be entitled to compensation to be determined, in the case of dispute, under the 1963 Act.

8 Access to works

The authorised undertaker may, for the purposes of the authorised works, form and lay out means of access or improve existing means of access in such location or locations within the limits of deviation for those works shown on the Parliamentary plans as may be approved by the roads authority, but such approval shall not be unreasonably withheld.

9 Construction and maintenance of new or altered roads

(1) Any public road to be constructed under this Act shall be completed to the reasonable satisfaction of the roads authority and shall, unless otherwise agreed, be maintained by and at the expense of the authorised undertaker for a period of 12 months from its completion and at the expiry of that period by and at the expense of the roads authority.

(2) Where a road is altered or diverted under this Act, the altered or diverted part of the road shall when completed to the reasonable satisfaction of the roads authority, unless otherwise agreed, be maintained by and at the expense of the authorised undertaker for a period of 24 months from its completion and at the expiry of that period by and at the expense of the road works authority.

(3) Subsections (1) and (2) do not apply in relation to the structure of any bridge or tunnel carrying a road over or under any tramroad of the authorised undertaker.

(4) Nothing in this section shall prejudice the operation of section 146 (Prospective public roads) of the 1991 Act; and the authorised undertaker shall not by reason of any duty under this section to maintain a road be taken to be the road works authority in relation to that road for the purposes of Part IV of that Act.

(5) Nothing in this section shall have effect in relation to road works as respects which the provisions of Part IV of the 1991 Act apply.

10 Construction of bridges and tunnels

Any bridge or tunnel to be constructed under this Act for carrying a road over or under a tramroad shall be constructed in accordance with plans and specifications approved by the roads authority, but such approval shall not be unreasonably withheld.

11 Restoration of roads if tramway discontinued

If the authorised undertaker permanently ceases to operate any of the authorised road tramways (“the discontinued tramway”), it shall as soon as reasonably practicable and unless otherwise agreed with the road works authority—

(a) remove from the road in which the discontinued tramway is laid the rails and any other works, equipment and apparatus that have become redundant, and

(b) restore, to the reasonable satisfaction of the road works authority, the portion of the road along which the discontinued tramway was laid.

12 Agreements with roads and road works authorities

(1) An authorised undertaker may enter into agreements with the roads authority or the road works authority with respect to—

(a) the construction of any new road (including any structure carrying the road over or under a tramroad) under the powers conferred by this Act,

(b) the maintenance of the structure of any bridge or tunnel carrying a road over or under a tramroad,

(c) any stopping up, alteration or diversion of a road under the powers conferred by this Act, or

(d) the execution in the road of any of the works referred to in section 5(1) (Power to execute road works).

(2) Such an agreement may, without prejudice to the generality of subsection (1)—

(a) delegate to the roads authority or the road works authority any function under this Act which relates to the road in question, and

(b) contain such terms as to payment and otherwise as the parties consider appropriate.

13 Agreements with Network Rail and BRB (Residuary) Limited

(1) The authorised undertaker may enter into agreements with Network Rail or BRB (Residuary) Limited for the transfer to the authorised undertaker of any or any part of the disused railways within or adjoining the limits of deviation of the authorised works, together with all lands, works and other property held in connection with those railways and all rights and obligations of Network Rail or BRB (Residuary) Limited in relation to those railways.

(2) Where an agreement is made for the transfer to the authorised undertaker of any disused railway belonging to Network Rail or BRB (Residuary) Limited under subsection (1), or the authorised undertaker otherwise purchases any such railway or sufficient rights therein, the authorised undertaker may adapt for use (including, where required, duplication of existing rails), maintain, use and work that railway as part of the tram system.

14 Transfer of obligations arising from previous enactments

(1) Except as may be otherwise provided in this Act, as from the coming into force of this Act, the authorised undertaker shall—

(a) be subject to all statutory provisions applicable to the former railway (but only insofar as the same are still subsisting and capable of having effect);

(b) to the exclusion of all other parties be entitled to the benefit of and to exercise all rights, powers and privileges relating to the former railway insofar as the same are still subsisting and capable of taking effect; and

(c) be subject to all statutory obligations relating to the former railway insofar as the same are still subsisting and capable of taking effect, with the intent that all other parties shall be released from all such obligations.

(2) In this section “former railway” means so much of any former railway as is situated within the limits of deviation and is in existence on the date of the coming into force of this Act.

15 Level crossings

(1) The authorised undertaker may construct the authorised tramways so as to carry them on the level across the roads specified in schedule 5.

(2) The authorised undertaker may provide, maintain and operate at or near any new level crossing such barriers or other protective equipment as Scottish Ministers may in writing approve.

(3) Any traffic sign placed pursuant to this section on or near a road to which the public has access shall be treated for the purposes of section 64(4) (General provision as to traffic signs) of the 1984 Act as having been placed as provided by that Act.

(4) Without prejudice to the generality of section 3 (Power to alter the layout of roads), the authorised undertaker may in the exercise of the powers conferred by this section alter the level of any road specified in schedule 5.

(5) The roads authority may enter into agreements with the authorised undertaker with respect to the construction and maintenance of any new level crossing; and such an agreement may contain such terms as to payment or otherwise as the parties consider appropriate.

(6) In this section—

• “barrier” includes gate;

• “new level crossing” means the place at which an authorised tramroad crosses a road on the level under the powers conferred by this section; and

• “protective equipment” includes lights, traffic signs (within the meaning of section 64(1) of the 1984 Act), manual, mechanical, automatic, electrical or telephonic equipment or other devices.

16 Attachment of equipment to buildings for purposes of works

(1) Subject to the provisions of section 73 (Listed buildings and conservation areas) and the following provisions of this section, the authorised undertaker may affix to any building any brackets, cables, wires, insulators and other apparatus required in connection with the authorised works.

(2) The authorised undertaker shall not affix any apparatus to a building without the written consent of the owner; and such consent may be given subject to reasonable conditions but shall not be unreasonably withheld.

(3) But where—

(a) the authorised undertaker serves on the owner a notice requesting the owner’s consent to the affixing of specified apparatus to the building, and

(b) the owner does not within a period of 28 days beginning with the date upon which the notice is served give consent unconditionally or give it subject to conditions or refuse it,

consent shall be deemed to have been given without any conditions.

(4) Where, in the opinion of the authorised undertaker, consent required under this section for the affixing of specified apparatus is unreasonably withheld or given subject to unreasonable conditions, it may refer the matter by summary application to the sheriff and the decision of the sheriff on the matter shall be final.

(5) Where apparatus is affixed to a building under this section—

(a) the owner shall be entitled, where the removal of the apparatus is reasonably necessary during any reconstruction or repair of the building, on giving the authorised undertaker no less than 28 days' notice, to require the authorised undertaker, at the authorised undertaker’s cost, to temporarily remove the apparatus, and

(b) the authorised undertaker shall have the right as against any person having an interest in the building to maintain the apparatus.

(6) The authorised undertaker shall pay compensation to the owners and occupiers of the building for any loss or damage sustained by them by reason of the exercise of the powers conferred by subsections (1) and (5)(b); and any dispute as to a person’s entitlement to compensation, or as to the amount of the compensation, shall be determined according to the 1963 Act.

(7) In this section—

• “building” includes any structure and a bridge or aqueduct; and

• “owner” means the heritable proprietor of the building.

17 Discharge of water

(1) The authorised undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised works and for that purpose may—

(a) lay down, take up and alter pipes, or

(b) make openings into, and connections with, the watercourse, sewer or drain,

on any land within the limits of deviation or limits of land to be acquired or used.

(2) The authorised undertaker shall not discharge any water into any public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as the person may reasonably impose but shall not be unreasonably withheld.

(3) The authorised undertaker shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the person to whom the sewer or drain belongs, but such approval shall not be unreasonably withheld.

(4) The authorised undertaker shall take such steps as are reasonably practicable to secure that any water discharged under the powers conferred by this section is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.

(5) In this section—

• “public sewer or drain” means a sewer or drain which belongs to Scottish Water or a private provider who has made an agreement with Scottish Water under section 1(2)(b) (Duty of local authority to provide sewerage for their area) of the Sewerage (Scotland) Act 1968 (c. 47), and

• “watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain.

18 Safeguarding works to buildings

(1) Subject to the following provisions of this section the authorised undertaker may at its own expense and from time to time carry out such safeguarding works to any building lying within the limits of deviation as the authorised undertaker considers to be necessary or expedient.

(2) Safeguarding works may be carried out—

(a) at any time before or during the construction in the vicinity of the building of any part of the authorised works, or

(b) after the completion of the construction of that part of the authorised works, at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised works is first opened for use.

(3) For the purpose of determining how the functions under this section are to be exercised, the authorised undertaker may enter and survey any building falling within subsection (1) and any land belonging to it.

(4) For the purpose of carrying out safeguarding works under this section to a building the authorised undertaker may (subject to subsections (5) and (6))—

(a) enter the building and any land belonging to it, and

(b) where the works cannot be carried out reasonably conveniently without entering land adjacent to the building, enter the adjacent land (but not any building erected on it).

(5) Before exercising—

(a) a right under subsection (1) to carry out safeguarding works to a building,

(b) a right under subsection (3) to enter a building,

(c) a right under subsection (4)(a) to enter a building or land, or

(d) a right under subsection (4)(b) to enter land,

the authorised undertaker shall, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days' notice of its intention to exercise that right and in a case falling within paragraph (a) or (c), specifying the safeguarding works proposed to be carried out.

(6) Where notice is served under subsection (5)(a), (c) or (d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the safeguarding works or to enter the building or land to be referred to arbitration under section 80 (Arbitration).

(7) The authorised undertaker shall compensate the owners and occupiers of any building or land in relation to which the powers conferred by this section have been exercised for any loss or damage arising to them by reason of the exercise of those powers.

(8) Where—

(a) safeguarding works are carried out under this section to a building, and

(b) within the period of 5 years beginning with the day on which the part of the authorised works constructed within the vicinity of the building is first opened for use, it appears that the safeguarding works are inadequate to protect the building against damage caused by the construction or operation of that part of the works,

the authorised undertaker shall compensate the owners and occupiers of the building for any damage sustained by them.

(9) Nothing in this section shall relieve the authorised undertaker from any liability to pay compensation under Schedule 3 to the 1963 Act.

(10) Any compensation payable under subsection (7) or (8) shall be determined, in case of dispute, under Part II of the 1963 Act.

(11) In this section—

• “building” includes any structure or erection or any part of a building, structure or erection, and

• “safeguarding works”, in relation to a building, means—

  (a)

  underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the construction, maintenance or operation of the authorised works; and

  (b)

  any works the purpose of which is to remedy any damage which has been caused to the building by the construction, maintenance or operation of the authorised works.

19 Power to construct temporary tramways

(1) The authorised undertaker may, if it considers it necessary in consequence of any road works executed or proposed to be executed in a road along which an authorised road tramway is constructed—

(a) remove or discontinue the operation of the authorised road tramway, and

(b) lay, maintain and operate in or near to that road a temporary tramway instead of the authorised road tramway.

(2) The powers conferred by this section may only be exercised with the consent of the roads authority but such consent shall not be unreasonably withheld.

(3) The provisions of section 58 (Traffic signs and priority) shall apply in relation to temporary tramways laid under this section as they apply in relation to authorised road tramways.

(4) In this section “road works” has the same meaning as in Part IV of the 1991 Act.

20 Power to survey and investigate land

(1) The authorised undertaker may for the purposes of this Act—

(a) survey or investigate any land within the limits of deviation or within the limits of land to be acquired or used;

(b) without prejudice to the generality of paragraph (a), make trial holes in such positions as the authorised undertaker thinks fit on the land to investigate the nature of the surface layer and subsoil and remove soil samples;

(c) without prejudice to the generality of paragraph (a), carry out archaeological investigations on the land;

(d) take steps to protect or remove any flora or fauna on the land where the flora or fauna may be affected by the carrying out of the works;

(e) place on, leave on and remove from the land apparatus for use in connection with exercise of any of the powers conferred by paragraphs (a) to (c); and

(f) enter on the land for the purpose of exercising the powers conferred by paragraphs (a) to (e).

(2) No land may be entered, or equipment placed or left on or removed from the land under subsection (1), unless—

(a) on the first occasion at least 7 days' notice, and

(b) on subsequent occasions at least 3 days' notice,

has been served on every owner and occupier of the land.

(3) Any person entering land under this section on behalf of the authorised undertaker—

(a) shall, if so required, before or after entering the land produce written evidence of the authority to do so, and

(b) may bring such vehicles and equipment as are necessary to carry out the survey or investigation or to make trial holes.

(4) No trial holes shall be made under this section in a carriageway or footway without the consent of the road works authority, but such consent shall not be unreasonably withheld.

(5) The authorised undertaker shall make compensation for any damage occasioned by the exercise of the powers conferred by this section to the owners and occupiers of the land, in case of dispute such compensation to be determined under the 1963 Act.

21 Mode of construction and operation of tramway

(1) The authorised tramway shall be operated by electricity or, in an emergency or for the purposes of maintenance, by diesel power or other means.

(2) The authorised road tramway and authorised tramroad shall be constructed on a nominal gauge of 1435 millimetres.

22 Obstruction of construction of tramway

Any person who, without reasonable excuse, obstructs another person from constructing any of the authorised works under the powers conferred by this Act shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Part 2 Land

Principal acquisition powers

23 Power to acquire land

(1) The authorised undertaker may acquire compulsorily—

(a) so much of the land shown on the Parliamentary plans within the limits of deviation for the authorised works shown on those plans and described in the book of reference as may be required for the purposes of the authorised works, and

(b) so much of the land specified in columns (1) and (2) of schedule 6 (being land shown on the Parliamentary plans and described in the book of reference) as may be required for the purpose specified in relation to that land in column (3) of that schedule;

and may use any land so acquired for those purposes or for any other purposes connected with or ancillary to its tramway undertaking.

(2) This section is subject to sections 40 (Time limit for exercise of powers of acquisition), 24 (Powers to acquire new rights) and 26 (Temporary use of land for construction of works).

24 Powers to acquire new rights

(1) Subject to section 40 (Time limit for exercise of powers of acquisition), the authorised undertaker may compulsorily acquire such servitudes or other heritable or moveable rights over any land referred to in section 23(1)(a) or (b) (Power to acquire land) as may be required for any purpose for which that land may be acquired under that provision.

(2) Servitudes and other rights may be acquired by creating them as well as by acquiring servitudes and other rights already in existence in accordance with subsection (1).

(3) Where the authorised undertaker acquires any rights over land under this section, it shall not be required to acquire a greater interest in the land or an interest in any other part of it.

(4) Section 90 (Parties not to be required to sell part of a house) of the 1845 Act shall not apply to any compulsory acquisition under this section.

(5) The provisions of the Lands Clauses Acts shall apply to rights over land acquired under this section as if they were lands within the meaning of those Acts.

25 Rights under or over roads

(1) The authorised undertaker may enter upon and appropriate so much of the subsoil of, or air-space over, any road shown on the Parliamentary plans and described in the book of reference as may be required for the purposes of the authorised works and may use the subsoil and air-space for those purposes or any other purpose connected with or ancillary to its tramway undertaking.

(2) The power under subsection (1) may be exercised in relation to a road without the authorised undertaker being required to acquire any part of the road or any servitude or other right in it.

(3) The authorised undertaker shall not be required to pay compensation for the exercise of the powers conferred by subsection (1) where the road is a public road; but where the road is not a public road, any person suffering loss by the exercise of that power shall be entitled to compensation.

(4) Subsections (2) and (3) shall not apply in relation to—

(a) any subway or underground building, or

(b) any cellar, vault, arch or other construction in or on a road which forms part of a building fronting onto the road.

(5) For the purposes of section 28 (Interpretation) of the Land Registration (Scotland) Act 1979 (c. 33), the powers conferred by this section shall constitute a real right and shall be an overriding interest.

26 Temporary use of land for construction of works

(1) The authorised undertaker may, in connection with the carrying out of the authorised works—

(a) enter upon and take temporary possession of the land specified in columns (1) and (2) of schedule 7 (Land of which temporary possession may be taken) for the purpose specified in relation to that land in column (3) of that schedule relating to the authorised works specified in column (4) of that schedule,

(b) remove any buildings and vegetation from that land, and

(c) construct temporary works (including the provision of means of access) and buildings on the land.

(2) Not less than 28 days before entering upon and taking possession of land under this section, the authorised undertaker shall serve notice of the intended entry on the owners and occupiers of the land.

(3) The authorised undertaker may not, without the agreement of the owners of the land, remain in possession of any land under this section after the end of the period of one year beginning with the date of completion of the work or works specified in relation to that land in column (4) of schedule 7.

(4) Before giving up possession of land of which temporary possession has been taken under this section, the authorised undertaker shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the authorised undertaker shall not be required to replace a building removed under this section.

(5) The authorised undertaker shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this section for any loss or damage arising from the exercise in relation to the land of the powers conferred by this section.

(6) Any dispute as to a person’s entitlement to compensation under subsection (5), or as to the amount of compensation, shall be determined under the 1963 Act.

(7) Nothing in this section shall affect any liability to pay compensation in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under subsection (5).

(8) Where the authorised undertaker takes possession of land under this section, it shall not be required to acquire the land or any interest in it.

(9) In this section “building” includes any structure or any other erection.

27 Temporary use of land for maintenance of works

(1) The authorised undertaker may—

(a) enter upon and take temporary possession of any land within 20 metres of any of the authorised works if such possession is reasonably required for the purpose of, or in connection with, maintaining the work or any ancillary works connected with it or securing the safe operation of that work,

(b) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

(2) Subsection (1) shall not authorise the authorised undertaker to take temporary possession of—

(a) any house or garden belonging to a house, or

(b) any building (other than a house) if it is for the time being occupied.

(3) Not less than 28 days before entering upon and taking temporary possession of land under this section, the authorised undertaker shall serve notice of the intended entry on the owners and occupiers of the land.

(4) The authorised undertaker may only remain in possession of land under this section for so long as may be reasonably necessary to carry out the maintenance works for which possession of the land was taken.

(5) Before giving up possession of land of which temporary possession has been taken under this section, the authorised undertaker shall remove all works and restore the land to the reasonable satisfaction of the owners of the land.

(6) The authorised undertaker shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this section for any loss or damage arising from the exercise in relation to the land of the powers conferred by this section.

(7) Any dispute as to a person’s entitlement to compensation under subsection (6), or as to the amount of compensation, shall be determined under the 1963 Act.

(8) Nothing in this section shall affect any liability to pay compensation in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under subsection (6).

(9) Where the authorised undertaker takes possession of any land under this section, it shall not be required to acquire the land or any interest in it.

(10) In this section—

• “building” includes structure or other erection, and

• any reference to land within a specified distance of a work includes, in the case of a work under the surface of the ground, a reference to land within the specified distance of the point on the surface below which the work is situated.

28 Power as to acquisition and use of additional lands

(1) In addition to the lands which the authorised undertaker is authorised to acquire by section 23 (Power to acquire land) of this Act, the authorised undertaker may acquire, by agreement, any lands required for the following purposes—

(a) providing for the relocation of population or industry from any lands within the limits of deviation;

(b) providing recreational land or allotments in substitution for any lands within the limits of deviation;

(c) forming junctions between the works or any part of them and a road or other way; and

(d) executing, improving or maintaining the works.

(2) The authorised undertaker may be authorised by Scottish Ministers to purchase compulsorily any lands for the purposes mentioned in subsection (1) and the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) shall apply in relation to any such compulsory purchase as if this section had been contained in a public general Act in force immediately before the commencement of that Act.

(3) The authorised undertaker may use any lands acquired by it in pursuance of the provisions of subsection (1) or (2), or any other land vested in it, for such purposes and for the purposes of section 1(3) (Power to construct works).

29 Power to retain, sell, etc., lands

Notwithstanding anything to the contrary contained in the 1845 Act, the authorised undertaker may retain, hold and use for such time as it thinks fit, or may from time to time sell, lease, excamb or otherwise dispose of any lands vested in or belonging to it for the purpose of the works, or that may be acquired under the provisions of this Act, on such terms, conditions, reservations and restrictions as regards its use (not inconsistent with any condition, restriction or obligation binding on the authorised undertaker and their successors in title) as the authorised undertaker may see fit.

30 Application of the Crichel Down Rules

In the event that the authorised undertaker compulsorily acquires land as authorised by section 23 (Power to acquire land) and that land is subsequently declared by the authorised undertaker to be surplus to the authorised undertaker’s requirements, the authorised undertaker shall apply the rules set out in Scottish Development Department Circular 38 of 1992 (“Disposal of Surplus Government Land – The Crichel Down Rules”) as may be amended or superseded from time to time.

Compensation

31 Disregard of certain interests and improvements

(1) In assessing the compensation (if any) payable on the acquisition from any person of any land under this Act, the tribunal shall not take into account—

(a) any interest in land; or

(b) any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,

if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

(2) In subsection (1) “relevant land” means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.

32 Compensation in respect of depreciation in value of interest in land subject to a standard security

(1) Where an interest in land is subject to a standard security—

(a) any compensation which is payable under this Act in respect of the depreciation in value of that interest shall be calculated as if the interest were not subject to the standard security;

(b) a claim for the payment of any such compensation may be made by the heritable creditor under a standard security granted before the happening of the event giving rise to the compensation, but without prejudice to the making of a claim by any other person; and

(c) any such compensation payable in respect of the interest in land subject to the standard security shall be paid to the heritable creditor or where there is more than one heritable creditor, to the first ranking heritable creditor, and shall in either case be treated by the heritable creditor as if it were received as proceeds of sale and applied in the order of priority specified in section 27 (Application of proceeds of sale) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35).

(2) In this section “standard security” includes a bond and disposition in security and any other real right in the nature of a security.

33 Set-off against betterment

(1) In determining the amount of compensation or purchase money payable to any person in respect of an interest in land—

(a) acquired under this Act in a case where—

(i) the person has an interest in any other land contiguous with or adjacent to the land so acquired; and

(ii) the value of that person’s interest in any such contiguous or adjacent land is enhanced by reason of the works authorised by this Act or any of them; or

(b) injuriously affected by construction works authorised by this Act where the value of that land is also enhanced by reason of the works authorised by this Act or any of them,

then the amount of the enhancement in value shall be set off against the compensation or purchase money.