{
  "url": "https://openlegislation.uk/draft-transport-and-works-scotland-act-2007-access-to-land-on-application-order-2008/article-5",
  "json_url": "https://openlegislation.uk/draft-transport-and-works-scotland-act-2007-access-to-land-on-application-order-2008/article-5.json",
  "legislation": "sdsi/2008/9780110816128",
  "legislation_title": "The Transport and Works (Scotland) Act 2007 (Access to Land on Application) Order 2008",
  "legislation_url": "https://openlegislation.uk/draft-transport-and-works-scotland-act-2007-access-to-land-on-application-order-2008",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": "Application",
  "text": "(1) An application for authorisation to enter relevant land shall be made in writing, dated and shall be addressed to the Scottish Ministers.\n(2) A separate application shall be made by the applicant for each area of relevant land in separate ownership or which would likely be in separate ownership if an owner could be traced.\n(3) In the application the applicant shall give the name and the address to which any request for further information, notice or other document to be given to the applicant are to be sent.\n(4) Where an application is made by an agent on behalf of the applicant details of the agent’s authorisation must be appended to the application.\n(5) The applicant shall submit with the application 2 copies of each of the following documents–\n(a) a certificate of liability insurance specifying the level, and period, of cover, the matters for which cover is given and details of the person who is underwriting that cover or an explanation why such a certificate is not available;\n(b) a report describing the construction, operation or works in respect of which the applicant will be proposing to make an application for an order under section 1 of the Act and the state of development of that proposal;\n(c) a report of the attempt to seek entry by agreement with the owner and (where their agreement is also required) any tenant or occupier of the relevant land to which the application relates together with any reasons given if entry is refused;\n(d) a plan of that relevant land and a schedule listing the names and addresses of the owner and every tenant and occupier of that relevant land and identifying with which of those persons the applicant has obtained an agreement regarding entry to that relevant land;\n(e) a report of the reasons as to why entry to that relevant land is required and why that cannot be achieved without such entry;\n(f) a report of each activity the applicant wishes to undertake in and on that relevant land including the type of activity, the impact on that relevant land, the duration required for entry, the preferred times and dates of entry and the number of persons, and details of any vehicles, plant, materials and apparatus, that will be required;\n(g) a list of other consents, permissions or licences required under other enactments in connection with the proposed entry to that relevant land, which at the date of the application are being sought or which have been obtained or refused, specifying for each such consent, permission or licence–\n(i) from whom the consent, permission or licence is or was required;\n(ii) the date of the application for, or of the grant or refusal of, the consent, permission or licence (as the case may be); and\n(iii) the reference number (if any) of the application; and\n(h) a memorandum providing details of proposed arrangements or processes for reinstatement of that relevant land.\n(6) The applicant may combine the reports, schedule, list and memorandum referred to in paragraph (5)(b) to (h) into a single document.\n(7) The Scottish Ministers may dispense with the requirement for the applicant to provide the document in paragraph (5)(a) in any case where they consider it appropriate to do so.\n(8) The applicant may provide the Scottish Ministers with any other material the applicant considers relevant in support of an application.\n(9) The Scottish Ministers may direct the applicant to provide any other information that the Scottish Ministers may require in connection with an application.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2008/9780110816128/article/5",
    "retrieved_at": "2026-10-30T15:38:44.092641+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}