Roads (Scotland) Act 1984

Section 112(10).

SCHEDULE 6Special Transitional Provisions for Trunk Roads

PART I

1All orders and regulations made, and all directions, consents and notices given, with respect to a road which becomes a trunk road, by the former roads authority for the purpose of their functions with respect to that road shall, if they were in force immediately before the road became a trunk road, have effect with respect to the trunk road as if made or given by the Secretary of State; but nothing in this paragraph shall be taken as transferring to the Secretary of State any liability not transferred to him by or under section 112 of this Act.

2All contracts, deeds, bonds or agreements entered into or made by the former roads authority for a road which becomes a trunk road, being contracts, deeds, bonds or agreements subsisting on the day on which it so becomes, shall, in so far as they relate to property and liabilities transferred to the Secretary of State in respect of that road, have effect with the substitution of the Secretary of State for the authority and may be enforced by or against the Secretary of State accordingly.

3The provisions of this Schedule shall apply in a case where a road ceases to be a trunk road in like manner as they apply where a road becomes a trunk road, with the substitution for the references to the former roads authority, and to any local authority, of references to the Secretary of State, and for references to the Secretary of State of references to the authority which becomes the local roads authority for the road.

PART II

4Section 6 of this Act applies to a road which at the commencement of this Act is a trunk road as it applies to a road which becomes a trunk road after the said commencement.

5An order under section 1(3) of the [1 Edw. 8 & 1 Geo. 6 c. 5.] Trunk Roads Act 1936 (power to provide that a road superseding part of a trunk road should itself become a trunk road) continued in force by the proviso to section 12(3) of the [9 & 10 Geo. 6 c. 30.] Trunk Roads Act 1946 and section 14(7) of the [12 & 13 Geo. 6. c. 32.] Special Roads Act 1949, and still in force (whether or not varied under those provisions) immediately before the commencement of this Act, shall continue in force and may be varied or revoked by a subsequent order made in the like manner subject to the like provisions.

6An order under section 4 of the Trunk Roads Act 1946 (certain powers relating to side roads connected with trunk roads) continued in force by section 14(6) of the Special Roads Act 1949 and still in force (whether or not varied under the said section 14(6)) immediately before the commencement of this Act, shall continue in force and the provisions of the said section 4 shall continue to apply to any such order as if that section had not been repealed.