Section 23 Power to stop up or temporarily close new road where construction consent absent or not conformed with.

(1)

The local roads authority may stop up or temporarily close any new road which another person (other than a roads authority) has constructed—

(a)

without construction consent; or

(b)

in contravention of, or non-compliance with, a condition imposed by a construction consent.

(2)

Stopping up or temporary closure under subsection (1) above may take place whether or not proceedings are pending under section 22 of this Act but shall be ended if, in any such proceedings, it is found—

(a)

in a case where the stopping up or closure took place on the basis that there was no construction consent, that there was such consent; or

(b)

in any other case, that there was no contravention of, or failure to comply with, the construction consent condition to which the proceedings relate.

Notes on Part III

Textual amendments

F1: Ss. 22A, 22B inserted (16.5.2017) by The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017 (S.S.I. 2017/137), regs. 1, 6

Modifications

C1: Pt. III excluded (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 20(2), 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, sch.