OpenLegislation

Section 109 Distance limits for purposes of compulsory acquisition.C1

(1)

Subject to subsection (3) below, a roads authority shall not, in the exercise of a power to acquire land under any of the provisions of this Act specified in column 1 of Part I of Schedule 5 to this Act, acquire compulsorily land lying beyond the limit specified in relation to that power in column 2 of that Part of that Schedule.

(2)

Part II of that Schedule shall have effect with respect to limits specified in Part I of that Schedule.

(3)

Nothing in this section applies to land required for purposes connected with the drainage or protection of a public road.

(4)

In subsection (3) above and in Schedule 5 to this Act, references to a road and to a public road shall be construed, respectively, as including references to a proposed road and to a proposed public road.

Annotations

Modifications

C1

Ss. 103-111 excluded (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 20(4), 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, sch.