OpenLegislation

Section 45 Power of local authorities to recover cost of various orders.C1

Scotland

After section 210 of the 1972 Act there shall be inserted the following section—

“ Recovery of costs of making orders relating to roads, paths etc.

210A
(1)

Where, after the coming into force of this section, a person requests a local authority to make an order to which this subsection applies, the local authority may require him, as a condition of their compliance with the request, to make such provision as they consider reasonable as regards any costs to be incurred by them in so complying.

(2)

The orders to which subsection (1) above applies are orders under any of the following enactments—

(a)

section 98A of this Act (orders authorising the stopping up or diversion of certain highways) ;

(b)

section 199 of this Act (orders authorising the stopping up or diversion of footpaths or bridleways) ;

(c)

section 200 of this Act (orders authorising the stopping up or diversion of certain highways crossing or entering the route of a proposed new highway) ;

(d)

section 201 of this Act (orders extinguishing the right to use vehicles on a highway) ;

(e)

section 12 of the Roads (Scotland) Act 1970 (orders stopping up an unnecessary road or one dangerous to the public) ;

(f)

section 34 of the Countryside (Scotland) Act 1967 (orders as regards the closure of public paths) ; and (g) section 35 of the said Act of 1967 (orders as regards the diversion of public paths).”.

Annotations

Modifications

C1

The text of s. 5(1), 6, 7, 9(2), 10–13, 20, 21, 22(a)–(c) 23, 31, 36–50, 56–59, 60(1)(a)(b)(2), 66, Sch. 1 Pt. II, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Notes on Part III

Textual amendments

F1

Pt. III (ss. 36-48) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)