Statutory Instrument 1995 No. 1476 (S.107)

The Roads (Transitional Powers) (Scotland) Order 1995

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© Crown Copyright 1995

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1995 No. 1476 (S.107)

ROADS AND BRIDGES, SCOTLAND

SPECIAL ROADS

The Roads (Transitional Powers) (Scotland) Order 1995

The Secretary of State, in exercise of the powers conferred on him by sections 12A, 12B, 12C and 143(1) of the Roads (Scotland) Act 1984^[1] and of all other powers enabling him in that behalf, having considered it necessary or expedient as a result of, or in connection with, the establishment of new local government areas on 1st April 1996, hereby makes the following Order:

Citation and commencement
    1.    This Order may be cited as the Roads (Transitional Powers) (Scotland) Order 1995 and shall come into force on 1st April 1996.

Interpretation
    2.    In this Order—

"the 1984 Act" means the Roads (Scotland) Act 1984;

"classification" means the identification of a road by reference to a letter and number combination at the date of making of this Order;

"list of public roads" shall have the meaning ascribed to that expression in section 1(1) of the 1984 Act;

"slip road" means as the case may be—
 (a) a road which provides access to or from a special road and which is restricted to traffic authorised to use that special road; or
 (b) a road which provides access to or from a road and which has the same classification as that road; and
"specified date" means 1st April 1996.

Existing Roads
    3.—(1)  It is directed that as from the specified date the roads listed in Part I of Schedule 1 to this Order shall become trunk roads and the roads listed in Part II of that Schedule shall cease to be trunk roads.

    (2)  In respect of any road ceasing to be a trunk road in terms of paragraph (1) above it is directed that as from the specified date the local roads authority^[2] for the area listed opposite the road in question in Part II of Schedule 1 shall become the roads authority for that road and on that date shall enter that road in their list of public roads.

Proposed Roads
    4.—(1)  It is directed that as from the specified date the proposed roads listed in Part I of Schedule 2 to this Order shall become trunk roads and the proposed roads listed in Part II of that Schedule shall not become trunk roads.

    (2)  In respect of any proposed road which in terms of paragraph (1) above is not to become a trunk road it is directed that as from the specified date the local roads authority for the area listed opposite the proposed road in question in Part II of Schedule 2 shall become the roads authority for that proposed road and shall enter that road in their list of public roads on the date when the proposed road is open for through traffic.

    (3)  This article applies to proposed roads falling within the definition of that expression contained in section 151(1) of the 1984 Act on the date of the making of this Order.

Special Road Schemes
    5.    It is directed that as from the specified date the Secretary of State is authorised to provide the special roads referred to in the schemes listed in Schedule 3 to this Order.

James Douglas-Hamilton

Parliamentary Under Secretary of State,
Scottish Office
St Andrew's House, Edinburgh

8th June 1995

[1] 1984 c. 54; sections 12A, 12B and 12C, were inserted by the Local Government etc. (Scotland) Act 1994 (c. 39), section 38(2). back

[2] "local roads authority" is defined in the Roads (Scotland) Act 1984 (c. 54) section 151(1) by reference to the expression "roads authority". back

Explanatory Note