Transport and Works (Scotland) Act 2007
| Jurisdiction | Scotland |
| Citation | 2007 asp 8 |
a railway which starts, ends and remains in Scotland,a tramway,any system (other than a railway or tramway) using a mode of guided transport,a trolley vehicle system, orthe construction or operation of an inland waterway.(2) The Scottish Ministers shall not make an order under paragraph (b) of subsection (1) if in their opinion the primary object of the order could be achieved by means of an order under the Harbours Act 1964 (c. 40) .(1) Without prejudice to the generality of section 1, the matters as to which provision may be made by an order under that section include those set out in schedule 1.(2) An order under section 1 may make provision in relation to more than one scheme, system or mode of transport.apply, modify or exclude any enactment which relates to any matter as to which an order could be made under that section,make such amendments, repeals and revocations of enactments of local application as appear to the Scottish Ministers to be necessary or expedient in consequence of any provision of the order or otherwise in connection with the order.any other provision of the order,any provision of an earlier order under that section, oran Act passed before the time when this Part of this Act is first wholly in force, oran instrument made under an Act before that time,as to the issuing of a fixed penalty notice in respect of an offence created by the order,as to the enforcement of a fixed penalty under such a notice,authorising byelaws made by virtue of the order to include provision of the nature referred to in paragraph (a) or (b) in respect of an offence created by the byelaws.(6) In subsection (5) (a) , “fixed penalty notice” means a notice offering the opportunity, by paying a fixed penalty, to discharge any liability to be convicted of the offence to which the notice relates.that an alternative right of way has been or will be provided, orthat the provision of an alternative right of way is not required.a relevant interest may be acquired compulsorily by virtue of an order under section 1,any provision of this Act or of such an order (other than a provision by virtue of which an interest in land is compulsorily acquired) may apply in relation to a Crown interest, andany provision of an order under section 18 may apply in relation to a relevant interest.(2) In subsection (1) , a relevant interest is an interest (not being itself a Crown interest) which subsists in land in which there is a Crown interest.belonging to Her Majesty in right of the Crown or in right of Her private estates,belonging to an office-holder in the Scottish Administration or to a government department,held in trust for Her Majesty for the purposes of the Scottish Administration by such an office-holder, orheld in trust for Her Majesty for the purposes of a government department.land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners,other land belonging to Her Majesty in right of the Crown, means the office-holder in the Scottish Administration who, or as the case may be the government department which, has management of the land F23or the relevant person,land belonging to Her Majesty in right of Her private estates, means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers,land belonging to, or held in trust for Her Majesty for the purposes of the Scottish Administration by, such an office-holder, means that office-holder,land belonging to, or held in trust for Her Majesty for the purposes of, a government department, means that government department.
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