Stirling-Alloa-Kincardine Railway and Linked Improvements (Scotland) Act 2004
| Jurisdiction | Scotland |
| Citation | 2004 asp 10 |
the railway works referred to in section 2 below (“the railway works”) ;the major road works referred to in section 3 below (“the major road works”) ; andthe ancillary works referred to in section 4 below (“the ancillary works”) .(2) The extent of the works for which authority given by this section is subject to section 5 below (which permits deviation within limits from the lines and levels shown on the Parliamentary plans and sections) .The railway works are the works situated within the lateral limits of deviation shown on the Parliamentary plans, at the levels shown on the Parliamentary sections and specifically described in schedule 1 to this Act. The major road works are the works situated within the lateral limits of deviation shown on the Parliamentary plans, at the levels shown on the Parliamentary sections and specifically described in schedule 2 to this Act. (1) The ancillary works are such works of the nature described in schedule 3 to this Act as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the railway works or the major road works.(2) Where the authorised undertaker lays down works for the accommodation of cables or other apparatus for the purposes of the authorised works, the ancillary works may include, in or in connection with such works, accommodation for the apparatus of any other person and facilities for access to such accommodation, and may do so notwithstanding that such conduits and facilities may be for the exclusive use of that other person.(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; andto any extent not exceeding 3 metres upwards; andto any extent downwards as may be necessary or expedient.at the points shown on the Parliamentary plans, orin 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.(2) Approval of the roads authority under subsection (1) (b) above shall not be unreasonably withheld.for a period of 12 months from their completion, by and at the expense of the authorised undertaker; andat the expiry of that period, by and at the expense of the roads authority.for a period of 12 months from their completion, by and at the expense of the authorised undertaker; andat the expiry of that period, by and at the expense of the roads authority.construct or refurbish; andmaintain,(2) In the exercise of the powers conferred by subsection (1) above the authorised undertaker may alter or interfere with the level of any road mentioned in Part 1 of schedule 4 to this Act.(3) Subject to subsection (4) below, the authorised undertaker may at or near the continuing level crossings provide, maintain and operate such automatic or other barriers, lights and automatic or other equipment or devices as may be necessary for the maintenance of railway safety.(4) Nothing in subsection (3) above enables the authorised undertaker to provide any equipment otherwise than in accordance with any
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