Acts of the Scottish Parliament

2004 asp 10

(a) the railway works referred to in section 2 below ("the railway works");

(b) the major road works referred to in section 3 below ("the major road works"); and

(c) the ancillary works referred to in section 4 below ("the ancillary works").

(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 as may be necessary or expedient.

(a) at the points shown on the Parliamentary plans, or

(b) in such location or locations within the limits of deviation or the limits of land to be acquired or used as may be approved by the roads authority.

(a) for a period of 12 months from their completion, by and at the expense of the authorised undertaker; and

(b) at the expiry of that period, by and at the expense of the roads authority.

(a) for a period of 12 months from their completion, by and at the expense of the authorised undertaker; and

(b) at the expiry of that period, by and at the expense of the roads authority.

(a) construct or refurbish; and

(b) maintain,

(a) in relation to the crossing at Grange Road, Abbey Craig, until Work No. 1B is open to the public and the authorised undertaker has completed the refurbishment of Waterside level crossing;

(b) in relation to the level crossing at Grange Road, Alloa, until Work No. 1C is open to pedestrians; and

(c) in relation to the level crossing at Hilton Road, Alloa, until such time as the authorised undertaker requires possession of the crossing for the purpose of constructing Work No. 1G.

(a) constructed or refurbished under subsection (1) above; or

(b) stopped up and discontinued under subsection (5) above,

(a) land to which there is no right of access directly from the road or part to be stopped up;

(b) land to which there is reasonably convenient access otherwise than directly from the road or part to be stopped up;

(c) land as respects which the owners and occupiers have agreed to the stopping up of the road or part; and

(d) land of which the authorised undertaker has taken possession under section 24(1) below.

(a) all rights of way over or along the stopped up part of the road shall be extinguished; and

(b) the authorised undertaker may, without making any payment, appropriate and use for the purposes of the authorised works so much of the site of the road as is bounded on both sides by land within the limits of deviation of the authorised works.

(a) divert the traffic from the road; and

(b) subject to subsection (2) below, prevent all persons from passing along the road.

(a) divert the traffic from the road; and

(b) subject to subsection (2) above, prevent all persons from passing along the road.

(a) in relation to any road specified as mentioned in subsection (3) above, without first consulting the road works authority; and

(b) in relation to any other road, without the consent of the road works authority.

(a) consent under subsection (4)(b) above has been unreasonably withheld; or

(b) a condition imposed under subsection (5) above is unreasonable,

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

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

(a) such of the land shown on the Parliamentary plans within the limits of deviation for the authorised works as-

(i) is described in the book of reference; and

(ii) may be required by the authorised undertaker for the purposes of the authorised works; and

(b) such of the land so shown within the limits of land to be acquired or used and so described as-

(i) is specified in columns (1), (2) and (3) of Part 1 of schedule 7 to this Act; and

(ii) may be required for the purposes specified in relation to that land in column (4) of that Part.

(a) so much of the subsoil of the land; or

(b) such servitudes or other rights over the land,

(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 or place.

(a) enter upon and take temporary possession of any of the land specified in columns (1), (2) and (3) of schedule 8 to this Act for the purpose specified in relation to that land in column (4) of that schedule relating to the authorised works specified in column (5) 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.

(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,

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

(b) the value of the 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,

(a) a notice to treat is served on a person ("the owner") under that Act (as so applied) in respect of land forming only part of a house, building or factory or of land consisting of a house with a park or garden ("the land subject to the notice to treat"); and

(b) a copy of this section is served on the owner with the notice to treat.

(a) without material detriment to the remainder of the land subject to the counter-notice; or

(b) in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity or convenience of the house,

(a) without material detriment to the remainder of the land subject to the counter-notice; or

(b) in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity or convenience of the house,

(a) the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice; but

(b) the material detriment is confined to a part of the land subject to the counter-notice,

(a) none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity or convenience of the house; and

(b) that the material detriment is not confined to a part of the land subject to the counter-notice,

(a) as from the acquisition of the land by the authorised undertaker, whether compulsorily or by agreement; or

(b) on the entry on the land by the authorised undertaker under section 24 below,

(a) in the case of a determination under subsection (6) above, for the period of 28 days after the sooner of the events specified in paragraphs (a) and (b) of subsection (1) above; and

(b) in the case of a determination under subsection (7) above, throughout the period that the authorised undertaker remains in possession of the land.

(a) survey or investigate the land;

(b) without prejudice to the generality of paragraph (a) above, 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 water and soil samples;

(c) without prejudice to the generality of paragraph (a) above, 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 the exercise of any power conferred by paragraphs (a) to (d) above; and

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

(a) on the first occasion at least seven days'; and

(b) on subsequent occasions not less than three days',

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

(b) may enter with such vehicles and equipment as are necessary for the purpose of exercising any of the powers conferred by subsection (1) above.

(a) from obstructing or interfering with the construction, maintenance or operation of the authorised works or any apparatus used for the purposes of the authorised works; or

(b) from constituting a danger to persons using the authorised works.

(a) an order under section 198(1) of the 1997 Act (tree preservation orders); and

(b) section 211(1) of that Act (which prohibits the doing in a conservation area of any act which might be prohibited by a tree preservation order),

(a) vest the railway works in; or

(b) transfer the powers of this Act relating to the railway works to,

(a) vest the major road works in; or

(b) transfer the powers of this Act relating to the major road works to,

"functions" includes powers, duties and obligations;

"transferee" means a person to whom all or any of the property or functions of the authorised undertaker have been transferred by virtue of a transfer agreement; and

"transfer agreement" means an agreement entered into under subsection (2), (3) or (4) above.

(a) by delivering it to that person;

(b) by leaving it at that person's proper address; or

(c) by sending it by post to that person at that address.

(a) in the case of a body corporate if it is served on the secretary or clerk of that body; and

(b) in the case of a firm, if it is served on a partner of that firm.

(a) a body corporate, if addressed to the body at its registered or principal office;

(b) a firm, if addressed to the firm at its principal office; or

(c) any other person, if addressed to the person at that person's last known address.

(a) addressing it to the person by name or by the description of "owner", or as the case may be "occupier", of the land (describing it); and

(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(a) the existing enactments (so far as relating to railways); and

(b) all other statutory and other provisions applicable to the existing railways, or any part of them, at that date (insofar as such provisions are still subsisting and capable of having effect).

(a) be subject to all statutory and other provisions applicable to the existing railways (but only insofar as such provisions are still subsisting and capable of having an effect); and

(b) to the exclusion of all other parties, be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations (in both cases whether statutory or otherwise) relating to the existing railways insofar as the same are still subsisting and capable of having effect, to the intent that such other parties shall be released from all such obligations.

(a) the Lands Clauses Acts, except sections 120 to 124 and section 127 of the 1845 Lands Act;

(b) the 1845 Act, except sections 1, 7, 8, 9, 17, 19, 20, 22 and 23; and

(c) in the Railways Clauses Act 1863 (c.92), Part I (relating to construction of a railway) except sections 13, 14 and 19.

"the 1845 Act" means the Railways Clauses Consolidation (Scotland) Act 1845 (c.33);

"the 1845 Lands Act" means the Lands Clauses Consolidation (Scotland) Act 1845 (c.19);

"the 1963 Act" means the Land Compensation (Scotland) Act 1963 (c.51);

"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);

"the ancillary works" has the meaning given by section 4 above;

"the authorised undertaker" means, at any time, Clackmannanshire Council or such other person or persons in whom are vested at that time some or all of the functions conferred by this Act concerning the authorised works;

"the authorised works" means the works authorised by this Act;

"book of reference" means the book of reference submitted to the Parliament as an accompanying document with the Bill for this Act;

"construction" includes execution, placing, alteration and reconstruction and demolition; and "construct" and "constructed" have corresponding meanings;

"the continuing level crossings" has the meaning given by section 8(1) above;

"the continuing private crossings" has the meaning given by section 9(1) above;

"enactment" includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;

"the existing enactments" means any enactment by which any part of the existing railways was authorised;

"the existing railways" means so much of any railway or 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;

"the limits of deviation" means the limits so described on the Parliamentary plans;

"the limits of land to be acquired or used" means the limits so described on the Parliamentary plans;

"the major road works" has the meaning given by section 3 above;

"Network Rail" means Network Rail Infrastructure Ltd (Company No. 2904587 (England)) whose registered office is at 40 Melton Street, London NW1 2EE and any other of the Network Rail group of companies which holds property for railway purposes;

"Parliamentary plans" means the plans submitted to the Parliament as accompanying documents with the Bill for this Act;

"Parliamentary sections" means the sections submitted to the Parliament as accompanying documents with the Bill for this Act;

"the railway works" has the meaning given by section 2 above;

"road" has the meaning given by section 107 of the 1991 Act;

"the road works authority" has the meaning given by section 108 of the 1991 Act;

"the roads authority" has the meaning given by section 151(1) of the Roads (Scotland) Act 1984 (c.54); and

"the tribunal" means the Lands Tribunal for Scotland.

Work No. 1- A railway (17,835 metres in length), at a point commencing by a junction with the existing railway between Stirling and the Forth Viaduct 5 metres south-west of Lovers' Walk, passing north-eastwards along the course of the railway and former railway between Stirling and Kincardine and terminating by a junction with the existing railway from Kincardine to Longannet, at a point 14 metres south of the bridge carrying Hawkhill Road over the railway. Work No. 1 includes the strengthening of the eastern viaduct carrying the intended railway over the river Forth; the raising of the deck of Erskine Street bridge and alterations in the levels of the bridge approaches; the reconstruction of Helensfield bridge carrying the intended railway over the A907 Clackmannan Road; and the reconstruction of the bridge carrying the intended railway over Black Devon Burn 205 metres north-west of the bridge carrying Mill Road over the intended railway.

Work No. 1A- A road forming an access to land, together with a new access to Waterside Cottage, commencing at a point on Ladysneuk Road 50 metres south of Waterside level crossing and terminating at a point 33 metres west of its commencement.
Work No. 1B- A road, commencing at a point on Ladysneuk Road 225 metres south-west of Abbeycraig level crossing and terminating by a junction with Grange Road, Stirling at a point 35 metres south of that level crossing.

Work No. 1C- A footbridge over Work No. 1 between the A907 Stirling Road and Grange Road, Alloa.
Work No. ID- A road forming a new access to No. 25 Stirling Road, Alloa commencing at a point on Stirling Road 37 metres east of its junction with Grange Road, Alloa and terminating at a point 28 metres south-east of its commencement.
Work No. 1E- A railway (487 metres in length), comprising a siding at the intended Alloa Station, commencing by a junction with Work No. 1 at chainage 9,813 metres, passing eastwards and terminating at a point 110 metres west of the bridge carrying Work No. 1 over Whins Road.
Work No. 1F- A road forming an access to the intended Alloa Station to the north and an access to premises to the south, commencing at a point 117 metres south-east of the junction of Erskine Street and Izatt Street and terminating at a point 115 metres south of its commencement.
Work No. 1G- A footbridge over Work No. 1 adjacent to Hilton Road, Alloa.

Work No. 2- A road, commencing at a point 230 metres south-west of Hilton Farm level crossing, passing north-westwards over Work No. 1 and terminating by a junction with Whins Road, Alloa at a point 5 metres south-west of the junction of that road and Hilton Road, Alloa. Work No. 2 includes the construction of a bridge over Work No. 1.
Work No. 2A- A road, 30 metres in length, commencing by a junction with Hilton Road, Alloa at a point 92 metres south of the junction of Whins Road, Alloa and Hilton Road, Alloa and terminating by a junction with Work No. 2 at a point 30 metres north-east of its commencement.
Work No. 2B- A road, 97 metres in length, forming an access to Jellyholme Farm, Alloa between the existing access to the said farm and Work No. 2.
Work No. 2C- A road, 197 metres in length, forming an access to Hilton Farm, Alloa between the existing access to the said farm and Work No. 2.
Work No. 2D- A realignment of the A907 Clackmannan Road, commencing at a point 65 metres north-east of the junction of the said A907 and Hiltonhawk Road, Alloa and terminating at a point on the A907 150 metres east of Hilton Farm, Alloa level crossing.

(a) references to the purpose of carrying out any development with a view to which land was acquired or appropriated are references to the purpose of carrying out the authorised works; and

(b) references to land acquired or appropriated as mentioned in section 224(1) of the 1997 Act are references to land acquired, appropriated or used as mentioned in paragraph 1 above.

(a) the owner or occupier of premises the drains of which communicated with that sewer; or

(b) the owner of a private sewer which communicated with that sewer,

"public gas transporter" has the meaning given by section 7(1) of the Gas Act 1986 (c.44);

"electronic communications code network" means an electronic communications network within the meaning of the Communications Act 2003 (c.21) to which the electronic communications code applies;

"electronic communications code" means the code set out in schedule 2 to the Telecommunications Act 1984 (c.12); and

"utility undertaker" means a person who is-

(a) authorised by any enactment to carry on an undertaking for the supply of water;

(b) a public gas transporter; or

(c) the holder of a licence under section 6 of the Electricity Act 1989 (c.29),

and who is, or is deemed to be, a statutory undertaker within the meaning of section 214 of the 1997 Act.

(a) section 6 of the Listed Buildings Act (restriction on works affecting listed buildings) shall not apply to works carried out in relation to the building in exercise of the powers conferred by Part 1 of this Act;

(b) to the extent that a notice issued in relation to the building under section 34(1) of that Act (enforcement) requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Part of this Act, it shall not have effect or, as the case may be, shall cease to have effect;

(c) no steps may be taken in relation to the building under section 38(1) of that Act (execution of works specified in notice under section 34(1)) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above; and

(d) no works may be executed for the preservation of the building under section 49 of that Act (urgent works to preserve unoccupied listed buildings) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above.

(a) was not included in a conservation area immediately before 1st December 2002; or

(b) was included in such an area immediately before that date and is specified in columns (1), (2) and (3) of the following table,

"the Listed Buildings Act" means the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c.9); and

"building" and "listed building" have the same meanings as in the Listed Buildings Act.