Section 36 Application to Scotland.

England, Wales and Scotland

1)—(11)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(12)

Any inquiry in relation to an order under the Sixth Schedule to this Act shall, if the Secretary of State so directs, be held by Commissioners under the M1Private Legislation Procedure (Scotland) Act 1936; and any direction so given shall be deemed to have been given under section two as read with section ten of the M2Statutory Orders (Special Procedure) Act 1945, and the provisions of that Act with regard to the publication of notices in the Edinburgh Gazette shall, notwithstanding anything contained in the said Act, not apply to any order under the said Schedule which is subject to special parliamentary procedure.

(13)

Where no direction is given under the last preceding subsection, F2subsections (2) to (8) of section 210 of the M3Local Government (Scotland) Act 1973 (which relate to procedure for holding local inquiries) shall apply in relation to a local inquiry held under the Sixth Schedule to this Act as they apply in relation to inquiries held under that section.

(14)

A F3local authorityregional or islands council shall not be liable for any loss, injury or damage arising from the execution of any undertakers’ works in any F4streetroad.

Annotations

Textual amendments

F1: S. 36(1)–(11) repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11
F2: Words substituted by virtue of Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), s. 237(2)
F3: Words “regional or islands council” substituted (S.) for words “local authority” by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 14 para. 51(c)
F4: Word “road” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(29)

Marginal citations

M1: 1936 c. 52(89).
M2: 1945 c. 18(89).
M3: 1973 c. 65(81:2).

Notes on the whole Act

Textual amendments

F1: Act repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch. 9 (with savings in ss. 103(5), 161(2), 162(5)); (E.W.) S.I. 1992/2984, art. 2(2), Sch.2; (S.) S.I. 1992/2990, art. 2(2), Sch.2.
F2: Act repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch.9 (with savings in ss. 103(5), 161(2), 162(5)); (E.W.) S.I. 1992/2984, art. 2(2), Sch.2; (S.) S.I. 1992/2990, art. 2(2), Sch.2.