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Waverley Railway (Scotland) Act 2006

2006 asp 13 · Enacted 24 July 2006 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 8 December 2014.

An Act of the Scottish Parliament to authorise the reconstruction of a railway from a point in Midlothian immediately south of Newcraighall in the City of Edinburgh to Tweedbank in Scottish Borders, including stations at Shawfair, Eskbank, Newtongrange, Gorebridge, Stow, Galashiels and Tweedbank; to make provision concerning planning agreements and developer contributions relating to the railway; and for connected purposes.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 14th June 2006 and received Royal Assent on 24th July 2006

Contents

  1. Part 1: Works, etc.
  2. Works
  3. 1Authority to construct works
  4. 2The railway works
  5. 3The ancillary works
  6. 4Permitted deviation within limits
  7. 5Access to works
  8. 6Construction and maintenance of new or altered roads
  9. 7Vesting of private roads
  10. 8Private crossings
  11. 9Permanent stopping up of roads
  12. Supplemental powers
  13. 10Temporary stopping up, alteration or diversion of roads
  14. 11Discharge of water
  15. 12Safeguarding works to buildings
  16. Part 2: Land
  17. Powers of acquisition
  18. 13Authority to acquire land
  19. 14Acquisition of subsoil or rights
  20. 15Purchase of specific new rights over land
  21. 16Rights in roads or public places
  22. 17Temporary use of land for construction of works
  23. Compensation
  24. 18Disregard of certain interests and improvements
  25. 19Set-off of betterment against compensation
  26. 20No double recovery
  27. Supplementary
  28. 21Acquisition of part of certain properties
  29. 22Extinction or suspension of rights of way
  30. 23Power to enter land for survey, etc.
  31. 24Further powers of entry
  32. 25Persons under disability may grant servitudes, etc.
  33. 26Parliamentary plans and book of reference: adjustments agreed with landowners and correction of errors
  34. 27Period for compulsory acquisition of land
  35. 28Extension of time
  36. 29Acquisition of land for Work No. 1B
  37. 30Acquisition of land for Works Nos. 1C and 1E
  38. Part 3: Miscellaneous and general
  39. 31Power to fell, etc. trees or shrubs
  40. 32Powers of disposal, agreements for operation, etc.
  41. 33Statutory undertakers, etc.
  42. 34Arbitration
  43. 35Service of notices, etc.
  44. 36Listed buildings and conservation areas
  45. 37Saving for town and country planning
  46. 38Interpretation of sections 39 and 40
  47. 39Planning agreements
  48. 40Application of developer contributions
  49. 41Blighted land
  50. 42Method of vesting land
  51. 43Certification of plans, etc.
  52. 44Registration of new rights
  53. 45Mitigation of environmental impacts
  54. 46Compliance with Code of Construction Practice and Noise and Vibration Policy
  55. 47Works affecting the River Tweed Special Area of Conservation
  56. 48Regulation of mitigation measures
  57. 49Application of the Crichel Down Rules
  58. 50Application of original enactments
  59. 51Rights of the Scottish Ministers
  60. Part 4: Supplementary
  61. 52Incorporation of enactments
  62. 53Interpretation
  63. 54Short title
  64. Schedule 1: Railway works
  65. Paragraph
  66. Paragraph
  67. Paragraph
  68. Paragraph
  69. Paragraph
  70. Paragraph
  71. Paragraph
  72. Paragraph
  73. Paragraph
  74. Paragraph
  75. Paragraph
  76. Paragraph
  77. Paragraph
  78. Paragraph
  79. Schedule 2: Ancillary works
  80. 1Paragraph 1
  81. 2Paragraph 2
  82. 3Paragraph 3
  83. 4Paragraph 4
  84. 5Paragraph 5
  85. 6Paragraph 6
  86. 7Paragraph 7
  87. 8Paragraph 8
  88. 9Paragraph 9
  89. 10Paragraph 10
  90. 11Paragraph 11
  91. 12Paragraph 12
  92. 13Paragraph 13
  93. Schedule 3: Private crossings
  94. 1Continuing private crossings
  95. 2Private crossings to be stopped up and discontinued
  96. Schedule 4: Stopping up and diversion of roads
  97. 1Roads to be permanently stopped up
  98. 2Roads to be temporarily stopped up
  99. Schedule 5: Safeguarding works: procedure
  100. 1Paragraph 1
  101. 2Paragraph 2
  102. 3Paragraph 3
  103. 4Paragraph 4
  104. 5Paragraph 5
  105. 6Paragraph 6
  106. 7Paragraph 7
  107. 8Paragraph 8
  108. 9Paragraph 9
  109. Schedule 6: Acquisition of land, etc. outside limits of deviation
  110. 1Acquisition of land
  111. 2Acquisition of rights only
  112. Schedule 7Land of which temporary possession may be taken
  113. Schedule 8: Statutory undertakers, etc.
  114. 1Paragraph 1
  115. 2Paragraph 2
  116. 3Paragraph 3
  117. 4Paragraph 4
  118. 5Paragraph 5
  119. 6Paragraph 6
  120. 7Paragraph 7
  121. Schedule 9: Listed buildings and conservation areas
  122. 1Paragraph 1
  123. 2Paragraph 2
  124. 3Paragraph 3
  125. Schedule 10: Code of construction practice
  126. 1Paragraph 1
  127. 2Paragraph 2
  128. 3Paragraph 3
  129. 4Paragraph 4
  130. Schedule 11: Works affecting the River Tweed Special Area of Conservation
  131. Part 1: Works requiring special measures
  132. 1Paragraph 1
  133. 2Paragraph 2
  134. 3Paragraph 3
  135. 4Paragraph 4
  136. 5Paragraph 5
  137. 6Paragraph 6
  138. 7Paragraph 7
  139. 2Works not requiring special measures
  140. Schedule 12Provisions of original enactments applied to authorised works