Waverley Railway (Scotland) Act 2006
Part 1Works, etc.
Works
1Authority to construct works
2The railway works
3The ancillary works
4Permitted deviation within limits
5Access to works
6Construction and maintenance of new or altered roads
7Vesting of private roads
8Private crossings
9Permanent stopping up of roads
Supplemental powers
10Temporary stopping up, alteration or diversion of roads
11Discharge of water
12Safeguarding works to buildings
Part 2Land
Powers of acquisition
13Authority to acquire land
14Acquisition of subsoil or rights
15Purchase of specific new rights over land
16Rights in roads or public places
17Temporary use of land for construction of works
Compensation
18Disregard of certain interests and improvements
19Set-off of betterment against compensation
20No double recovery
Supplementary
21Acquisition of part of certain properties
22Extinction or suspension of rights of way
23Power to enter land for survey, etc.
24Further powers of entry
25Persons under disability may grant servitudes, etc.
26Parliamentary plans and book of reference: adjustments agreed with landowners and correction of errors
27Period for compulsory acquisition of land
28Extension of time
29Acquisition of land for Work No. 1B
30Acquisition of land for Works Nos. 1C and 1E
Part 3Miscellaneous and general
31Power to fell, etc. trees or shrubs
32Powers of disposal, agreements for operation, etc.
33Statutory undertakers, etc.
34Arbitration
35Service of notices, etc.
36Listed buildings and conservation areas
37Saving for town and country planning
38Interpretation of sections 39 and 40
39Planning agreements
40Application of developer contributions
41Blighted land
42Method of vesting land
43Certification of plans, etc.
44Registration of new rights
45Mitigation of environmental impacts
46Compliance with Code of Construction Practice and Noise and Vibration Policy
47Works affecting the River Tweed Special Area of Conservation
48Regulation of mitigation measures
49Application of the Crichel Down Rules
50Application of original enactments
51Rights of the Scottish Ministers
Part 4Supplementary
52Incorporation of enactments
53Interpretation
54Short title
SCHEDULE 1Railway works
In the local government areas of Midlothian and Scottish Borders...
In the local government area of Midlothian—
Railway between the Millerhill Marshalling Yard and Old Dalkeith Road—...
Railway between Old Dalkeith Road and the Butlerfield Industrial Estate—...
Railway between Butlerfield Industrial Estate and Borthwick Mains Cottages— Work...
In the local government areas of Midlothian and Scottish Borders—...
Railway between Borthwick Mains Cottages and Cowbraehill— Work No. 4—A...
Railway between Cowbraehill and Stagebank— Work No. 5—A railway (5,000...
In the local government area of Scottish Borders— Work No....
Railway between Stagebank and Hazelbank Quarry— Work No. 6—A railway...
Railway between Hazelbank Quarry and Stow— Work No. 7—A railway...
Railway between Stow and Bowland Bridge— Work No. 8—A railway...
Railway between Bowland Bridge and Torwoodlee— Work No. 9—A railway...
Railway between Torwoodlee and Tweedbank— Work No. 10—A railway (5,780...
SCHEDULE 2Ancillary works
1Stations, buildings, platforms, junctions and stopping places.
2Bridges, subways, stairs, lifts, escalators, roundabouts and means of access....
3Junctions and communications with, and widening of, any road, path...
4Works for the provision of apparatus, plant or machinery and...
5Works for the strengthening, underpinning, protection, alteration or demolition of...
6Works or operations to stabilise the condition of any land...
7Works to alter the course of, or otherwise interfere with,...
8Works to alter the position of any existing apparatus or...
9Without prejudice to the generality of paragraph 8 above, works...
10Landscaping, ecological and other works to mitigate any adverse effects...
11Works for the benefit or protection of premises affected by...
12The removal by the authorised undertaker of any works constructed...
13Such other works (of whatever nature) as may be necessary...
SCHEDULE 3Private crossings
Part 1Continuing private crossings
Part 2Private crossings to be stopped up and discontinued
SCHEDULE 4Stopping up and diversion of roads
Part 1Roads to be permanently stopped up
Part 2Roads to be temporarily stopped up
SCHEDULE 5Safeguarding works: procedure
1Safeguarding works may be carried out— (a) at any time...
2For the purpose of determining how the powers of section...
3For the purpose of carrying out safeguarding works to a...
4Before exercising— (a) a right under section 12 of this...
5Where notice is served under paragraph 4(a), (c) or (d)...
6The authorised undertaker shall compensate the owners and occupiers of...
7Where— (a) safeguarding works to a building are carried out...
8Nothing in this schedule shall relieve the authorised undertaker from...
9Any compensation payable under paragraph 7 above or under the...
SCHEDULE 6Acquisition of land, etc. outside limits of deviation
Part 1Acquisition of land
Part 2Acquisition of rights only
SCHEDULE 7Land of which temporary possession may be taken
SCHEDULE 8Statutory undertakers, etc.
1Subject to the provisions of this schedule, sections 224 to...
2All such other provisions of the 1997 Act as apply...
3In the provisions of the 1997 Act, as applied by...
4Where any apparatus of a utility undertaker or of a...
5Paragraph 4 above shall not apply in the case of...
6The provisions of the 1997 Act mentioned in paragraphs 1...
7In this schedule— “gas transporter” has the meaning given by...
SCHEDULE 9Listed buildings and conservation areas
1(1) Subject to sub-paragraph (2) below, if a listed building...
2Section 53 of the Listed Buildings Act (acts causing or...
3In this schedule— “the Listed Buildings Act” means the Planning...
SCHEDULE 10Code of construction practice
1Before commencing construction of the authorised works located in the...
2The local planning authority shall send a copy of every...
3The authorised undertaker may with the approval of the local...
4The provisions of the code of construction practice and any...
SCHEDULE 11Works affecting the River Tweed Special Area of Conservation
Part 1Works requiring special measures
1This Part of this schedule applies to the sites specified...
2The authorised undertaker shall not undertake any works for the...
3The location of any work for the protection of river...
4Before commencing the construction of any works, or carrying out...
5The authorised undertaker shall secure that the code of construction...
6Where and to the extent that any measure required by...
7Any provision amending the code of construction practice pursuant to...
Part 2Works not requiring special measures
SCHEDULE 12Provisions of original enactments applied to authorised works

Waverley Railway (Scotland) Act 2006

2006 asp 13

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.