{
  "url": "https://openlegislation.uk/waverley-railway-scotland-act-2006/schedule-9/paragraph-1",
  "json_url": "https://openlegislation.uk/waverley-railway-scotland-act-2006/schedule-9/paragraph-1.json",
  "legislation": "asp/2006/13",
  "legislation_title": "Waverley Railway (Scotland) Act 2006",
  "legislation_url": "https://openlegislation.uk/waverley-railway-scotland-act-2006",
  "path": "schedule/9/paragraph/1",
  "kind": "paragraph",
  "number": "1",
  "heading": null,
  "text": "(1) Subject to sub-paragraph (2) below, if a listed building was such a building immediately before 21 March 2003 and is specified in columns (1), (2) and (3) of the following table—\n(a) section 6 of the Listed Buildings Act (restriction on works affecting listed buildings) shall not apply to works carried out in relation to the building in exercise of the powers conferred by Part 1 of this Act;\n(b) to the extent that a notice issued in relation to the building under section 34(1) of that Act (enforcement) requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by Part 1 of this Act, it shall not have effect or, as the case may be, shall cease to have effect;\n(c) no steps may be taken in relation to the building under section 38(1) of that Act (execution of works specified in notice under section 34(1)) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above; and\n(d) no works may be executed for the preservation of the building under section 49 of that Act (urgent works to preserve unoccupied listed buildings) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above.\n(2) In the case of any building specified in columns (1), (2) and (3) of the following table in relation to which any description of works is specified in column (4) of that table, sub-paragraph (1) above shall have effect as if the references to works carried out in exercise of the powers conferred by Part 1 of this Act were, so far as concerns works of demolition or alteration (as opposed to extension), to works so carried out which are of a description specified in relation to it in that column.\n(3) Paragraphs (a) to (d) of sub-paragraph (1) above shall also apply in relation to a listed building which was not such a building immediately before 21 March 2003.\n(4) If a building included in a conservation area and not a listed building—\n(a) was not included in a conservation area immediately before 21 March 2003; or\n(b) was included in such an area immediately before that date and is specified in columns (1), (2) and (3) of the following table,\nsection 66 of the Listed Buildings Act (control of demolition in conservation areas) shall not apply to the demolition of the building in exercise of the powers conferred by Part 1 of this Act.\n(5) Anything which, by virtue of section 1(4) of the Listed Buildings Act (objects or structures fixed to, or within the curtilage of, a building), is treated as part of a building for the purposes of that Act shall be treated as part of the building for the purposes of this paragraph.\nTable\nBuildings authorised to be demolished or altered\nLocal government area\nSheet of Parliamentary plans\nBuildings authorised to be demolished or altered\nLimit of authorised demolition or alteration\n(1)\n(2)\n(3)\n(4)\nMidlothian\n7\nGlenesk Viaduct, Dalkeith\nStructural repairs to the spandrels and wingwalls.\nProvision of cantilevered walkway.\nMidlothian\n8\nFormer Eskbank and Dalkeith Station platforms\nRe-pointing and masonry repairs.\nMidlothian\n8\nMelville Road Bridge, Eskbank (Overbridge 13)\nRepairs and re-pointing to masonry and brickwork.\nWaterproofing works to bridge arch.\nMidlothian\n8\nLasswade Road Bridge, Eskbank (Overbridge 14)\nRe-pointing of bridge arch ring.\nMidlothian\n8\nBonnyrigg Road, Eskbank (Overbridge 15)\nRe-pointing.\nReplacement of damaged stonework.\nMidlothian\n11\nDalhousie Mains Bridge, Lothian Bridge (Underbridge 17)\nRe-pointing and repairs to abutments and wingwalls.\nReconstruction of spandrel wall on east side of bridge.\nReplacement of handrails.\nCleaning and repainting of cantilever supports.\nMidlothian\n11, 12\nNewbattle Viaduct, Lothian Bridge\nRe-pointing, repairs and replacement of bricks.\nMidlothian\n13\nMurderdean Road Bridge, Newtongrange (Overbridge 19)\nRepairs and re-pointing to masonry.\nRemoval of infill material.\nMidlothian\n15\nRedhaugh Farm Bridge, Redhaugh (Overbridge 21)\nRepairs and re-pointing to abutments and wingwalls.\nShot blast cleaning and painting bridge girders.\nConstruction of parapets to replace existing handrails.\nMidlothian\n16\nPovert Road Bridge, Redhaugh(Overbridge 22)\nRepairs and re-pointing.\nWaterproofing works to bridge arch.\nMidlothian\n21\nExisting Footbridge, Fushiebridge (Footbridge 28)\nRemoval of bridge superstructure.\nMidlothian\n21\nFormer Fushiebridge Station Bridge, Fushiebridge (Overbridge 29)\nRepairs and re-pointing.\nWaterproofing works to bridge arch.\nMidlothian\n22\nCatcune Farm Bridge, Catcune (Overbridge 30)\nDemolition and replacement of bridge.\nMidlothian\n22\nCatcune Farm Accommodation Bridge, Catcune (Underbridge 31)\nRe-pointing and repairs.\nWaterproofing works to bridge arch.\nRemoval and replacement of wrought iron handrail.\nMidlothian\n24\nCastle Road Bridge, Borthwick Mains (Overbridge 32)\nRepairs and re-pointing.\nMidlothian\n24\nBorthwick Mains Bridge, Borthwick (Underbridge 33)\nRepairs to masonry.\nRemoval and replacement of wrought iron handrail.\nMidlothian\n25\nHalflaw Kiln Bridge, Birky Side (Overbridge 34)\nDemolition and replacement of bridge superstructure.\nRepairs and re-pointing to bridge.\nMidlothian\n26\nHalflaw Bow's, Maggie Bowies Glen (Overbridge 35)\nDemolition and replacement of bridge deck and parapets.\nRepairs to masonry.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2006/13/schedule/9/paragraph/1",
    "retrieved_at": "2026-10-29T20:16:10.184396+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}