# Railways Clauses Consolidation (Scotland) Act 1845, Section 49: Period for restoration of roads interfered with.


If the road so interfered with can be restored compatibly with the formation and use of the railway, the same shall be restored to as good a condition as the same was in at the time when the same was first interfered with by the company, or as near thereto as may be; and if such road cannot be restored compatibly with the formation and use of the railway, the company shall cause the new or substituted road, or some other sufficient substituted road, to be put into a permanently substantial condition, equally convenient as the former road, or as near thereto as circumstances will allow; and the former road shall be restored, or the substituted road put into such condition as aforesaid, as the case may be, within the following periods after the first operation on the former road shall have been commenced, unless the roads authority for the public road to be restored consent, or as the case may be the owner of the private road to be restored consents, in writing, to an extension of the period, and in such case within such extended period; (that is to say,) if the road be a public road, within six months, and if the road be a private road, within twelve months.

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Source: https://www.legislation.gov.uk/ukpga/Vict/8-9/33/section/49 (the official version)
Page: https://openlegislation.uk/railways-clauses-consolidation-scotland-act-1845/section-49
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.