Section 39 Definitions.

In this Act, except where the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—

• “apparatus” includes any structure constructed for the lodging therein of apparatus;

• .. . . F1

• “authority or managers concerned” has the meaning assigned to it by section two of this Act;

• “bridge authority or managers” means the authority, body or person in whom a bridge is vested;

• F2“carriageway” has the same meaning as in the M1Roads (Scotland) Act 1984;

• F3C1“classified road” means a road classified by the Minister under the M2Ministry of Transport Act 1919;

• “classified road” means a road classified under section 11(1) of the M3Roads (Scotland) Act 1984;

• “code-regulated works” has the meaning assigned to it by section one of this Act;

• “controlled land” has the meaning assigned to it by the First Schedule to this Act;

• F4“county council” means the council of an administrative county;

• “cycle track” has the same meaning as in the M4Roads (Scotland) Act 1984;

• C2C3C4C5“emergency works” means works whose execution at the time when they are executed is requisite in order to put an end to, or to prevent the arising of, circumstances then existing or imminent which are calculated to cause danger to persons or property, interruption of a supply or service afforded by undertakers or by a transport authority, or substantial loss to undertakers or to such an authority, or in order to enable undertakers to satisfy an obligation created by an enactment to afford a supply or service within a time fixed by or under the enactment; and, in relation to works comprising items whereof some fall within the preceding definition and others do not, includes only such of them as fall within it and such others of them as cannot reasonably be severed therefrom;

• “enactment” includes a provision of an order, scheme, regulations or other instrument, made under or confirmed by an Act;

• F5“footpath” and “footway” have the same meanings as in the M5Roads (Scotland) Act 1984;

• “general legislation” means a public general enactment, including such an enactment as incorporated in, or applied by, a special enactment, if incorporated or applied without modification; F6F7“highway authority” and “local highway authority” have the same meanings as in F8the M6Highways Act 1980;

• “in”, in a context referring to works, apparatus or other property in a F9streetroad, controlled land or other place, includes a reference to works, apparatus or other property under, over, across, along or upon it, and, in a context referring to a sewer, drain or tunnel in a streetroad, includes a reference to one thereunder;

• F10“local roads authority” has the same meaning as in the M7Roads (Scotland) Act 1984;

• F11“maintainable highway” has the meaning assigned to it by subsection (4) of section one of this Act, and references to a street that is prospectively a maintainable highway shall be construed as mentioned in that subsection;

• “the Minister” means F12the Secretary of State;

• F13“private road” has the same meaning as in the M8Roads (Scotland) Act 1984;

• “public general enactment” means an enactment in an Act treated as a public general Act under the system of division of Acts adopted in the regnal year 38 George 3, other than an Act for confirming a provisional order;

• F14“public sewer” has the meaning assigned to it by the M9Public Health Act 1936, and “sewer authority” means the authority in whom a public sewer is vested;

• “public road” has the meaning assigned to it by paragraph (a) of subsection (4) of section 1 of this Act; and references to a “prospective public road” shall be construed as mentioned in paragraph (b) of that subsection;

• “railway” includes a light railway other than one which is of the nature of a tramway, that is to say, laid mainly or exclusively along a F15highwayroad and used mainly or exclusively for the carriage of passengers;

• “reinstatement and making good” includes interim restoration as defined in the Third Schedule to this Act;

• F16“road” has (without prejudice to section 38(1) of this Act) the meaning assigned to it by section 1(3) of this Act;

• “roads authority” has the meaning assigned to it by section 2(4) of this Act;

• “road managers” has the meaning assigned to it by section 2(5) of this Act;

• “road purposes” means the maintenance of a road, any purpose falling within the definition of improvement F17in section 329(1) of the M10Highways Act 1980F18in section 151(1) of the M11Roads (Scotland) Act 1984 and the construction of a crossing for vehicles across a footway F19or grass verge or the strengthening or adaptation of a footway for use as a crossing for vehicles;

• “service pipe” and “service line” have the meanings assigned to them respectively by the last preceding section;

• F20“sewer authority” means F21the local authority in whom the sewer is vested;

• “special enactment” means any enactment other than a public general enactment;

• “special legislation” means a special enactment, and a public general enactment as incorporated in, or applied by, a special enactment, if incorporated or applied with any modification;

• “statutory power” means a power conferred by any enactment, other than an enactment in this Act, whether being a public general enactment or a special enactment, and whether passed, made or coming into operation before or after the passing of this Act, so however that works executed by a statutory corporation shall not be treated as executed in exercise of a statutory power by reason only of the corporation’s having statutory authorisation in that behalf for the purposes of the law relating to the capacity of such corporations, and references in this Act to a statutory power to execute works shall be construed accordingly;

• F22“street” has (without prejudice to the provisions of subsection (1) of the last preceding section) the meaning assigned to it by section one of this Act;

• “street authority” and “street managers” have the meanings assigned to them respectively by section two of this Act;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

• “tramway” includes a light railway being one which is of the nature of a tramway, that is to say, laid mainly or exclusively along a F24highwayroad and used mainly or exclusively for the carriage of passengers, and includes a trolley vehicle system;

• “transport undertaking” means a railway, dock, harbour, pier, canal or inland navigation undertaking, being an undertaking the activities of which, or some of the activities of which, are carried on under authorisation conferred by an enactment, and “transport authority” means the authority, body or person having the control or management of a transport undertaking, in the capacity in which they have the control or management thereof;

• F25“trunk road” has the same meaning as in the M12Roads (Scotland) Act 1984;

• “undertakers” means the authority, body or person by whom a statutory power to execute undertakers’ works is exercisable, in the capacity in which that power is vested in them;

• “undertakers’ works” has the meaning assigned to it by section one of this Act.

Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including an enactment in this Act.