Acts of the Scottish Parliament

2006 asp 6

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 22nd March 2006 and received Royal Assent on 27th April 2006

An Act of the Scottish Parliament to authorise the construction and operation of a tram line in Edinburgh following a western course from St Andrew Square, via Princes Street, Haymarket, Murrayfield and South Gyle to Edinburgh Airport and Newbridge; and for connected purposes.

(a) stopping places;

(b) works required for, or in connection with, the control of any vehicular and pedestrian traffic on the authorised tramway;

(c) works required for the strengthening, improvement, repair or reconstruction of any road;

(d) works for the strengthening, alteration or demolition of any building or structure;

(e) works to alter the position of any road furniture or apparatus, including mains, sewers, drains and cables and lights;

(f) works to alter the course of, or otherwise interfere with, rivers, streams or watercourses;

(g) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works; and

(h) facilities and works for the benefit or protection of land or premises affected by the authorised works.

(a) within the limits of deviation shown on the Parliamentary plans for the scheduled works; or

(b) on land specified in columns (1) and (2) of Parts 1 and 2 of schedule 6 for the purpose specified in relation to that land in column (3) of those Parts of that schedule (being land shown on the Parliamentary plans as lying within the limits of land to be acquired or used).

(a) deviate laterally from the lines or situations shown on the Parliamentary plans within the limits of deviation for that work shown on those plans, and

(b) deviate vertically from the levels shown on the Parliamentary sections-

(i) to any extent not exceeding 3 metres upwards, and

(ii) to any extent downwards.

(a) double lines of rails instead of single lines,

(b) single lines of rails instead of double lines,

(c) interlacing lines of rails instead of double or single lines, or

(d) double or single lines of rails instead of interlacing lines.

(a) increase the width of the carriageway of the road by reducing the width of any kerb, footpath, footway, cycle track or verge within the road,

(b) alter the level or reduce the width of any such kerb, footpath, footway, cycle track or verge,

(c) reduce the width of the carriageway of the road by forming a reserved area in the road as a stopping place for trams or by carrying out other works for that purpose,

(d) carry out works to the carriageway of the road for the purpose of deterring or preventing vehicles other than trams from passing along the tramway,

(e) carry out works for the provision or alteration of parking places and bus lay-bys, and

(f) make and maintain crossovers, sidings or passing places.

(a) "apparatus" has the same meaning as in Part IV of the 1991 Act;

(b) "electric line" has the meaning given by section 64(1) (Interpretation etc. of Part I) of the Electricity Act 1989 (c.29); and

(c) the reference to any work, equipment or apparatus in a road includes a reference to any work, equipment or apparatus under, over, along or upon the road.

(a) break up or open the road, or any sewer drain or tunnel under it, or tunnel or bore under the road;

(b) remove and use the soil or other materials in or under the road;

(c) place apparatus in the road;

(d) maintain or change the position of apparatus in the road; and

(e) execute any works required for or incidental to the exercise of those powers.

(a) the new road to be substituted for it, and which is specified in relation to it by reference to the letters and numbers shown on the Parliamentary plans in column (4) of that Part of that schedule, has been completed to the reasonable satisfaction of the roads authority and is open for use; or

(b) a temporary alternative route is first provided and thereafter maintained by the authorised undertaker to the reasonable satisfaction of the roads authority between the commencement and termination points of the road to be stopped up until completion and opening of the new road in accordance with paragraph (a).

(a) the authorised undertaker is in possession of the land,

(b) there is no right of access to the land from the road concerned,

(c) there is reasonably convenient access to the land otherwise than from the road concerned, or

(d) the owners and occupiers of the land have agreed to the stopping up.

(a) all rights of way (or in the case of a road specified in Part 2 of schedule 3 all vehicular rights of way) over or along it shall be extinguished, and

(b) the authorised undertaker may appropriate and use for the purposes of its undertaking so much of the site of the road as is bounded on both sides by land owned by the authorised undertaker.

(a) divert the traffic from the road, and

(b) subject to subsection (3), prevent all persons from passing along the road.

(a) in relation to any road specified as mentioned in subsection (4) without first consulting the road works authority, and

(b) in relation to any other road without the consent of the road works authority, but such consent shall not be unreasonably withheld.

(a) section 113 (Advance notice of certain works);

(b) section 114 (Notice of starting of works);

(c) section 118 (General duty of road works authority to co-ordinate works);

(d) section 128 (Works likely to affect other apparatus in the road);

(e) section 135 (Liability for cost of temporary traffic regulation);

(f) section 136 (Liability for cost of use of alternative route); and

(g) all other such provisions as apply for the purposes of the provisions mentioned above.

(a) remove from the road in which the discontinued tramway is laid the rails and any other works, equipment and apparatus that have become redundant, and

(b) restore, to the reasonable satisfaction of the road works authority, the portion of the road along which the discontinued tramway was laid.

(a) the construction of any new road (including any structure carrying the road over or under a tramroad) under the powers conferred by this Act,

(b) the maintenance of the structure of any bridge or tunnel carrying a road over or under a tramroad,

(c) any stopping up, alteration or diversion of a road under the powers conferred by this Act, or

(d) the execution in the road of any of the works referred to in section 5(1) (Power to execute road works).

(a) delegate to the roads authority or the road works authority any function under this Act which relates to the road in question, and

(b) contain such terms as to payment and otherwise as the parties consider appropriate.

(a) be subject to all statutory provisions applicable to the former railway (but only insofar as the same are still subsisting and capable of having effect);

(b) to the exclusion of all other parties be entitled to the benefit of and to exercise all rights, powers and privileges relating to the former railway insofar as the same are still subsisting and capable of taking effect; and

(c) be subject to all statutory obligations relating to the former railway insofar as the same are still subsisting and capable of taking effect, with the intent that all other parties shall be released from all such obligations.

"barrier" includes gate;

"new level crossing" means the place at which an authorised tramroad crosses a road on the level under the powers conferred by this section; and

"protective equipment" includes lights, traffic signs (within the meaning of section 64(1) of the 1984 Act), manual, mechanical, automatic, electrical or telephonic equipment or other devices.

(a) the authorised undertaker serves on the owner a notice requesting the owner's consent to the affixing of specified apparatus to the building, and

(b) the owner does not within a period of 28 days beginning with the date upon which the notice is served give consent unconditionally or give it subject to conditions or refuse it,

(a) the owner shall be entitled, where the removal of the apparatus is reasonably necessary during any reconstruction or repair of the building, on giving the authorised undertaker no less than 28 days' notice, to require the authorised undertaker, at the authorised undertaker's cost, to temporarily remove the apparatus,

(b) the authorised undertaker shall have the right as against any person having an interest in the building to maintain the apparatus.

"building" includes any structure and a bridge or aqueduct; and

"owner" means the heritable proprietor of the building.

(a) lay down, take up and alter pipes, or

(b) make openings into, and connections with, the watercourse, sewer or drain,

"public sewer or drain" means a sewer or drain which belongs to Scottish Water or a private provider who has made an agreement with Scottish Water under section 1(2)(b) (Duty of local authority to provide sewerage for their area) of the Sewerage (Scotland) Act 1968 (c.47), and

"watercourse" includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain.

(a) at any time before or during the construction in the vicinity of the building of any part of the authorised works, or

(b) after the completion of the construction of that part of the authorised works, at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised works is first opened for use.

(a) enter the building and any land belonging to it, and

(b) where the works cannot be carried out reasonably conveniently without entering land adjacent to the building, enter the adjacent land (but not any building erected on it).

(a) a right under subsection (1) to carry out safeguarding works to a building,

(b) a right under subsection (3) to enter a building,

(c) a right under subsection (4)(a) to enter a building or land, or

(d) a right under subsection (4)(b) to enter land,

(a) safeguarding works are carried out under this section to a building, and

(b) within the period of 5 years beginning with the day on which the part of the authorised works constructed within the vicinity of the building is first opened for use, it appears that the safeguarding works are inadequate to protect the building against damage caused by the construction or operation of that part of the works,

"building" includes any structure or erection or any part of a building, structure or erection, and

"safeguarding works", in relation to a building, means-

(a) underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the construction, maintenance or operation of the authorised works; and

(b) any works the purpose of which is to remedy any damage which has been caused to the building by the construction, maintenance or operation of the authorised works.

(a) remove or discontinue the operation of the authorised road tramway, and

(b) lay, maintain and operate in or near to that road a temporary tramway instead of the authorised road tramway.

(a) survey or investigate any land within the limits of deviation or within the limits of land to be acquired or used;

(b) without prejudice to the generality of paragraph (a), make trial holes in such positions as the authorised undertaker thinks fit on the land to investigate the nature of the surface layer and subsoil and remove soil samples;

(c) without prejudice to the generality of paragraph (a), carry out archaeological investigations on the land;

(d) take steps to protect or remove any flora or fauna on the land where the flora or fauna may be affected by the carrying out of the works;

(e) place on, leave on and remove from the land apparatus for use in connection with exercise of any of the powers conferred by paragraphs (a) to (c); and

(f) enter on the land for the purpose of exercising the powers conferred by paragraphs (a) to (e).

(a) on the first occasion at least 7 days' notice, and

(b) on subsequent occasions at least 3 days' notice,

(a) shall, if so required, before or after entering the land produce written evidence of the authority to do so, and

(b) may bring such vehicles and equipment as are necessary to carry out the survey or investigation or to make trial holes.

(a) so much of the land shown on the Parliamentary plans within the limits of deviation for the authorised works shown on those plans and described in the book of reference as may be required for the purposes of the authorised works, and

(b) so much of the land specified in columns (1) and (2) of Parts 1 and 2 of schedule 6 (being land shown on the Parliamentary plans and described in the book of reference) as may be required for the purpose specified in relation to that land in column (3) of those Parts of that schedule;

(a) any subway or underground building, or

(b) any cellar, vault, arch or other construction in or on a road which forms part of a building fronting onto the road.

(a) enter upon and take temporary possession of the land specified in columns (1) and (2) of schedule 7 (Land of which temporary possession may be taken) for the purpose specified in relation to that land in column (3) of that schedule relating to the authorised works specified in column (4) of that schedule,

(b) remove any buildings and vegetation from that land, and

(c) construct temporary works (including the provision of means of access) and buildings on the land.

(a) enter upon and take temporary possession of any land within 20 metres of any of the authorised works if such possession is reasonably required for the purpose of, or in connection with, maintaining the work or any ancillary works connected with it or securing the safe operation of that work,

(b) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

(a) any house or garden belonging to a house, or

(b) any building (other than a house) if it is for the time being occupied.

"building" includes structure or other erection, and

any reference to land within a specified distance of a work includes, in the case of a work under the surface of the ground, a reference to land within the specified distance of the point on the surface below which the work is situated.

(a) providing for the relocation of population or industry from any lands within the limits of deviation;

(b) providing recreational land or allotments in substitution for any lands within the limits of deviation;

(c) forming junctions between the works or any part of them and a road or other way; and

(d) executing, improving or maintaining the works.

(a) any interest in land; or

(b) any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,

(a) any compensation which is payable under this Act in respect of the depreciation in value of that interest shall be calculated as if the interest were not subject to the standard security;

(b) a claim for the payment of any such compensation may be made by the heritable creditor under a standard security granted before the happening of the event giving rise to the compensation, but without prejudice to the making of a claim by any other person; and

(c) any such compensation payable in respect of the interest in land subject to the standard security shall be paid to the heritable creditor or where there is more than one heritable creditor, to the first ranking heritable creditor, and shall in either case be treated by the heritable creditor as if it were received as proceeds of sale and applied in the order of priority specified in section 27 (Application of proceeds of sale) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35).

(a) acquired under this Act in a case where-

(i) the person has an interest in any other land contiguous with or adjacent to the land so acquired; and

(ii) the value of that person's interest in any such contiguous or adjacent land is enhanced by reason of the works authorised by this Act or any of them; or

(b) injuriously affected by construction works authorised by this Act where the value of that land is also enhanced by reason of the works authorised by this Act or any of them,

(a) a notice to treat is served on a person ("the owner") under that Act (as incorporated with this Act by section 80 (Incorporation of enactments)) in respect of-

(i) land forming only part of a house, building or factory, or

(ii) land consisting of a house with a park or garden,

("the land subject to the notice to treat"), and

(b) a copy of this section is served on the owner with the notice to treat.

(a) without material detriment to the remainder of the land subject to the counter-notice, or

(b) in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,

(a) without material detriment to the remainder of the land subject to the counter-notice, or

(b) in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,

(a) the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice, but

(b) the material detriment is confined to a part of the land subject to the counter-notice,

(a) none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, and

(b) that the material detriment is not confined to a part of the land subject to the counter-notice,

(a) as from the acquisition of the land by the authorised undertaker, whether compulsorily or by agreement, or

(b) on the entry on the land by the authorised undertaker under section 37 (Power of entry on lands compulsorily acquired),

(a) any notice given by the authorised undertaker before the completion of the acquisition of the land, the authorised undertaker's appropriation of it, the authorised undertaker's entry onto it, or the authorised undertaker's taking temporary possession of it, as the case may be, that any or all of those subsections shall not apply to any right of way specified in the notice; and

(b) any agreement made (whether before or after any of the events mentioned in paragraph (a) and before or after the coming into force of this Act) between the authorised undertaker and the person in or to whom the right of way in question is vested or belongs.

(a) such application is made prior to the expiry of said period or any extension of that said period; and

(b) the period referred to in section 40, and any extension to the said period, cannot exceed fifteen years in total.

(a) that this Act has received Royal Assent;

(b) containing the particulars specified in sub-paragraph (1) of that paragraph;

(c) published and served in accordance with the requirements of paragraph 6 of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c.42); and

(d) given at any time after this Act comes into force.

"authorised person" means, in relation to any purpose, a person authorised for that purpose by the authorised undertaker;

"fare ticket" means a ticket authorising the person in respect of whom it is issued to travel on a tram;

"general travel authority" means any permit, other than a fare ticket, authorising the person in respect of whom it is issued to travel on a tram;

"passenger" means a person travelling on a tram;

"penalty fare" means a penalty fare payable pursuant to section 45 (Penalty fares);

"the penalty fare provisions" means sections 45 (Penalty fares) to 48 (Notice of penalty fare provisions); and

"stop" means a regular stopping place on the authorised tramway at which passengers board or alight from trams.

(a) in the case of a passenger who produces a fare ticket which is invalid only by reason of its not bearing the imprint required by the authorised undertaker at that time, there were no facilities for making that imprint on fare tickets; or

(b) in the case of any other passenger, there were no facilities for the sale of the necessary fare ticket for the journey made by the passenger.

(a) a relevant statement is one giving an explanation of the passenger's failure to produce a fare ticket or general travel authority, together with any information as to the passenger's journey relevant to that explanation (including, in every case, an indication of the stop where the passenger boarded the tram); and

(b) a statement is provided in due time if it is provided when the passenger is required to produce a fare ticket or general travel authority, or at any later time before the expiration of the period of 21 days beginning with the day following the day on which the journey was completed.

(a) at every stop, in such a position as to be readily visible to prospective passengers; and

(b) in every tram on which the penalty fare provisions have effect, in such a position as to be readily visible to passengers travelling on that tram.

(a) the passenger has paid the penalty fare to the authorised undertaker before the end of that period; or

(b) an action has been brought against the passenger for the recovery of that fare.

(a) any offence under any byelaws made by the authorised undertaker involving a failure to obtain or produce a fare ticket or general travel authority for the relevant journey; and

(b) any offence under section 25(3) (Regulation of the conduct of passengers) of the Public Passenger Vehicles Act 1981 (c.14) of contravening or failing to comply with any provision of regulations for the time being having effect by virtue of that section by failing to pay the fare properly payable for the relevant journey or any part of it.

(a) to use the rails or other guidance, foundations, cables, masts, overhead wires and other apparatus used for the operation of the tramway, and

(b) to occupy any part of the road in which that apparatus is situated.

(a) shall be paid to any person who, within three months from the time when the thing came into the custody of the authorised undertaker proves to the reasonable satisfaction of the authorised undertaker that that person was the owner of the thing at that time; or

(b) if within the said period no person proves ownership at that time, shall vest in the authorised undertaker.

(a) is sold by the authorised undertaker and the proceeds of sale are insufficient to reimburse it for the amount of the expenses incurred by it in the exercise of its powers of removal; or

(b) is unsaleable,

(a) any person by whom the vehicle was put or left so as to become an obstruction to trams, or

(b) any person who was the owner of the vehicle at that time unless such person shows that at that time the person was not concerned in or aware of the vehicle being so put or left.

(a) any person who was in charge of the vehicle at the time when the load fell from it, or

(b) any person who was the owner of the vehicle at that time unless such person shows that at that time the person was not concerned in or aware of the vehicle being in the place at which the load fell from it.

(a) section 14(1) (Temporary prohibition or restriction on roads) of the 1984 Act for the reason given in section 14(1)(b) of that Act;

(b) section 16A(2) (Prohibition or restriction on roads in connection with certain events) of the 1984 Act;

(c) section 63 (Functions of regional and islands councils in relation to processions) of the Civic Government (Scotland) Act 1982 (c.45); or

(d) section 62(1) (Temporary prohibition or restriction of traffic, etc. on roads for reasons of public safety or convenience) of the Roads (Scotland) Act 1984 (c.54),

(a) consult the authorised undertaker, and

(b) have regard to the safe, efficient and economic operation of the tram.

(a) shall consult with the traffic authority as to the placing of signs; and

(b) unless the traffic authority is unwilling to do so and subject to any directions given under section 65 (Powers and duties of highway authorities as to the placing of traffic signs) of the 1984 Act, shall enter into arrangements with the traffic authority for the signs to be placed and maintained by the traffic authority.

(a) from obstructing or interfering with the construction, maintenance or operation of the tramway or any apparatus used for the purposes of the tramway, or

(b) from constituting a danger to passengers or other persons using the tramway.

(a) any prohibition contained in an order made under section 160 (Power to make tree preservation orders) of the 1997 Act; and

(b) section 172(1) (Preservation of trees in conservation areas) of that Act.

(a) trespasses on any authorised tramroad, or

(b) trespasses upon any land of the authorised undertaker in dangerous proximity to the authorised tramroads or to any electrical or other apparatus used for or in connection with the operation of the authorised tramroads,

(a) with respect to tickets issued for travel on the authorised tramway, the payment of fares and charges and the evasion of payment of fares and charges;

(b) with respect to interference with, or obstruction of, the operation of the authorised tramway or other facilities provided in connection with the authorised tramway;

(c) with respect to access to and the carriage, use or consumption of anything on tramway premises;

(d) with respect to the prevention of nuisances on tramway premises;

(e) for regulating the passage of bicycles and other vehicles on ways and other places intended for the use of persons on foot within tramway premises;

(f) for the safe custody and redelivery or disposal of any property accidentally left on tramway premises and for fixing the charges made in respect of any such property;

(g) for prohibiting or restricting the placing or leaving of any vehicle without its driver on any part of the authorised tramway or on tramway premises; and

(h) for the regulation of interaction between the maintenance of buildings adjacent to the tramway and the safe operation of the tramway.

(a) that the byelaws were made by the authorised undertaker;

(b) that the copy is a true copy of the byelaws;

(c) that on a specified date the byelaws were confirmed by Scottish Ministers; and

(d) the date when the byelaws came into operation,

(a) between the authorised undertaker and the chief officer of police of any police force and the police authority; or

(b) between the authorised undertaker and the British Transport Police Authority,

"chief officer of police", "police authority" and "police force" have the same meaning as in the Police (Scotland) Act 1967 (c.77);

the "British Transport Police Authority" means the police authority established under section 18 of the Railways and Transport Safety Act 2003 (c.20) and organised under Schedule 4 to that Act; and

the "British Transport Police Force" means the force established under section 20 of the Railways and Transport Safety Act 2003 (c.20).

(a) shall specify the areas in respect of which grants are payable;

(b) shall make provision as to the persons to whom, the expenditure in respect of which, and the rate at which, the grants are to be paid;

(c) may make the payment of any grant dependent upon compliance with such conditions as may be specified in the scheme;

(d) shall specify a date, not less than two years after first publication of the notice referred to in subsection (5), for the submission of a valid application for a grant; and

(e) shall require the authorised undertaker, in any case where application for a grant is refused, to give at the request of the applicant a written statement of its reasons for the refusal.

(a) stating the general effect of the intended order;

(b) specifying a place in the said areas where a copy of the draft order and of the relevant map may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of the first publication of the notice; and

(c) stating that within that period any person may, by notice to Scottish Ministers, object to the application.

(a) that satisfactory provision will be made for insulating the building (or, as the case may be, the extension or alteration of the building) against noise; or

(b) that in the case of an extension or alteration no such insulation is necessary.

(a) the authorised works are carried out in accordance with the code of practice as may from time to time be amended or superseded and any relevant local construction plan; and

(b) the policy as may from time to time be amended or superseded is applied to the use and operation of the authorised works and in particular any scheme made under section 63 of this Act is drawn up in accordance with the policy.

"code of practice" means the Code of Construction Practice dated 17 May 2005;

"local construction plan" means a local construction plan intended to define, and from time to time redefine, the authorised undertaker's policy in relation to construction practice to be adopted in the carrying out of the authorised works within an area specified in that plan;

"policy" means the Noise and Vibration Policy dated November 2005.

(a) that the environmental impacts of the construction or operation of the authorised works are not worse than the residual impacts identified in the environmental statement; and

(b) that-

(i) the additional environmental mitigation measures identified in undertakings given to objectors to the Bill for this Act or to the Edinburgh Tram (Line Two) Bill Committee during the Consideration Stage of the Bill for this Act are carried out; or

(ii) the environmental impacts of the construction or operation of the authorised works are not worse than they would have been had the mitigation measures referred to in sub-paragraph (i) been carried out.

"environmental statement" means the environmental statement submitted to the Parliament as an accompanying document with the Bill for this Act, as amended by the supplementary environmental statement submitted to the Parliament in June 2005;

"residual impacts" means the environmental impacts of the construction or operation of the authorised works after the mitigation measures proposed in the environmental statement have been carried out.

(a) their construction, maintenance, use and operation, by any other person,

(b) other matters incidental or subsidiary to or consequential on them, and

(c) the defraying of, or the making of contributions towards, the cost of (a) or (b) by the authorised undertaker or any other person.

(a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

(b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted to be done on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

(c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

(a) of the passing of any such resolution and of the day fixed thereby; and

(b) of the general effect of the regulations for the purposes of which the day has been fixed;

(a) section 6 (Restriction on works affecting listed buildings) of the 1997 Act shall not apply to works carried out to such a building under the provisions of this Act;

(b) to the extent that a notice issued in relation to the building under section 34(1) (Power to issue listed building enforcement notice) of the 1997 Act 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 this Act, it shall not have effect, or, as the case may be, shall cease to have effect;

(c) no steps may be taken in relation to the building under section 38(1) (Execution of works required by listed building enforcement notice) of the 1997 Act which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b); and

(d) no works may be executed for the preservation of the building under section 49 (Urgent works to preserve unoccupied listed buildings) of the 1997 Act which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b).

(a) section 6 of the 1997 Act shall not apply to works carried out to such a building under the provisions of section 16 (Attachment of equipment to buildings for purposes of works);

(b) to the extent that a notice issued in relation to the building under section 34(1) of the 1997 Act 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 section 16, it shall not have effect, or, as the case may be, shall cease to have effect;

(c) no steps may be taken in relation to the building under section 38(1) of the 1997 Act which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) of this subsection; and

(d) no works may be executed for the preservation of the building under section 49 of the 1997 Act which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) of this subsection.

(a) was not included in a conservation area immediately before the coming into force of this Act, or

(b) was included in such an area immediately before that date and is specified in columns (1) and (2) of Part 1 of schedule 10,

"the 1997 Act" means the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c.9);

"building" and "listed building" have the same meaning as in the 1997 Act;

"conservation area" means an area which is designated as a conservation area under the terms of the 1997 Act; and

"works" includes the attachment of equipment to buildings authorised by section 16 (Attachment of equipment to buildings for purposes of works).

(a) buildings shall be deemed to include substations, tramstops and poles;

(b) extensions to buildings shall be deemed to include attachments to buildings;

(c) in relation to prior approval for works affecting a listed building, consideration of the phrase "injury to the amenity of the neighbourhood" in paragraph 3(b) shall be deemed to include the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses; and

(d) the exercise of the power to attach equipment to buildings under section 16 (Attachment of equipment to buildings for purposes of works) and any wires so attached shall be deemed to be on land specifically designated by this Act.

(a) the road tramways comprised in the works and the works and conveniences connected with those tramways shall be taken to be a tramway undertaking within Class 41 of that Part of that Schedule; and

(b) the tramroads comprised in the works and the works and conveniences connected with those tramroads shall be taken to be a light railway undertaking within Class 34 of that Part of that Schedule.

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

(b) in any other case, the last known address of such person at the time of service.

(a) addressing it to such person by name or by the description of "owner", "lessee" or "occupier" as the case may be, of the land (describing it); and

(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(a) this Act shall be deemed to be the special Act;

(b) the authorised undertaker shall be deemed to be the promoters of the undertaking or the company; and

(c) the authorised works shall be deemed to be the works or the undertaking.

"the 1845 Act" means the Lands Clauses Consolidation (Scotland) Act 1845 (c.19);

"the 1963 Act" means the Land Compensation (Scotland) Act 1963 (c.51);

"the 1984 Act" means the Road Traffic Regulation Act 1984 (c.27);

"the 1991 Act" means the New Roads and Street Works Act 1991 (c.22);

"the 1997 Act" means the Town and Country Planning (Scotland) Act 1997 (c.8);

"authorised road tramway" means any road tramway authorised by this Act;

"the authorised tramway" means the tram system (consisting of the authorised road tramways and the authorised tramroads) authorised by this Act or any part of that system;

"authorised tramroad" means any tramroad authorised by this Act;

"the authorised undertaker" means the Council, or any other person who by virtue of an agreement made under section 68 (Powers of disposal, agreements for operation, etc.) may exercise any power conferred by this Act;

"the authorised works" means the scheduled works and any other works authorised by this Act;

"the book of reference" means the book of reference submitted to the Parliament as an accompanying document with the Bill for this Act together with the amendments made to it to delete the following plots, 42-59 (including plots 50a and 51a), 223, 226-238 (including 232a), 240, 241, 243-249, 251, 253, 256, 258, 260 and 261 and to insert the following plots, 477-524;

"the Council" means the City of Edinburgh Council;

"limits of deviation" mean the limits so described on the Parliamentary plans;

"limits of land to be acquired or used" mean the limits so described on the Parliamentary plans;

"maintain" includes inspect, repair, adjust, alter, remove, reconstruct and replace and "maintenance" shall be construed accordingly;

"Network Rail" means Network Rail Limited or its successor;

"the Parliament" means the Scottish Parliament;

"the Parliamentary plans" means the plans submitted to the Parliament as accompanying documents with the Bill for this Act together with amendments made to sheet i, ii, 3, 4, 6, 7, 13, 14, 15, 16, 17, 19, 20, 21 and 23;

"the Parliamentary sections" means the sections submitted to the Parliament as accompanying documents with the Bill for this Act together with amendments made to sheet 28;

"road" and "roads authority" have the same meaning as in the Roads (Scotland) Act 1984 (c.54);

"road tramway" means any tramway which is situated in the carriageway of a road, or in a reserved area of a road which vehicles other than trams are deterred or prevented from using, or in any other place to which the public has access (including a place to which the public has access only on making a payment);

"the road works authority" has the same meaning as in Part IV of the 1991 Act;

"the scheduled works" means the works specified in schedule 1 to this Act or any part of them;

"the sheriff" means the sheriff principal of, or any sheriff appointed to, the sheriffdom of Lothian and Borders;

"tram" means any vehicle (whether or not used for the carriage of passengers) carried on flanged wheels along the rails of a tramway;

"tramroad" means any part of a tramway that is not a road tramway;

"tramway" means a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails which provide support and guidance for vehicles carried on flanged wheels;

"tramway premises" means premises of the authorised undertaker used for or in connection with the operation of the authorised tramway including any tunnel, depot or building and any tram; and

"the tribunal" means the Lands Tribunal for Scotland.

(a) such incidental, consequential, supplementary or transitional provision as Scottish Ministers think necessary or expedient; and

(b) different provision for different cases and different classes of case.

Work No. 1- A road tramway 463 metres in length (single line) extending from its junction with the termination of Work No. 3 at a point on Princes Street near the Sir Walter Scott Monument, along Princes Street, South St. Andrew Street, the east side of St. Andrew Square, North St. Andrew Street to a point on North St. Andrew Street south of the junction with Queen Street.

Work No. 2- A road tramway 495 metres in length (single line) extending from its junction with the termination of Work No. 3 at a point on Princes Street near the Sir Walter Scott Monument, along South St. David Street, the west side of St. Andrew Square, North St. David Street, Queen Street and North St. Andrew Street to its junction with the termination of Work No. 1 on North St. Andrew Street.

Work No. 3- A road tramway 1724 metres in length (double line) extending from its junction with the termination of Work No. 4, along Haymarket Terrace, Clifton Terrace, West Maitland Street, Shandwick Place, Rutland Place and Princes Street to its junction with the commencement of Work No. 1 at a point near the Sir Walter Scott Monument.

Work No. 4- A tramroad 670 metres in length (double line, with additional layover siding of approximately 100 metres in length) and associated retaining wall structures extending from a point close to 57 Balbirnie Place along the reserved public transport corridor between Balbirnie Place, CA House, Elgin House and the railway, on-road along Haymarket Yards, before running off-road to the north of Rosebery House to a point on the south side of Haymarket Terrace near Haymarket Station.

Work No. 5- A tramroad 1650 metres in length (double line) extending from its junction with the commencement of Work No. 4, crossing Russell Road by bridge, crossing Roseburn Street by bridge, crossing the Water of Leith by viaduct and crossing Balgreen Road by bridge, to a point close to the Jenners Depository, including construction of a viaduct along the north side of the main railway line.

Work No. 5A- A path and cycleway 300 metres in length extending from a junction with Russell Road south across the disused railway lines to a junction with Balbirnie Place near 46 Balbirnie Place.

Work No. 5B- A tramroad 105 metres in length (double line) extending from a point on Work No. 5 to the east of Russell Road, crossing Russell Road by bridge, to a point on the disused railway lines near 46 Balbirnie Place.

Work No. 5C- An access road 142 metres in length extending from a junction with Russell Road near 20 Russell Road, crossing Work No. 5 on the level, to a point near the main railway line sidings.

Work No. 5D- An access road 66 metres in length extending from a junction with Roseburn Street near the entrance to Murrayfield Stadium, under Work No. 5, to a point near the main railway sidings.

Work No. 5E- An access road 30 metres in length extending from a junction with Roseburn Street north of the junction with West Approach Road, under Work No. 5, to a point near Murrayfield Stadium.

Work No. 5F- An access road 116 metres in length extending from a junction with Balgreen Road near the junction with Whitson Road, along Pansy Walk and northeast to a point near the main railway line.

Work No. 5G- An access road 305 metres in length extending from a point near where the main railway line crosses Leith Water to a point near where the main railway line crosses Balgreen Road, including a junction with the termination of Work No. 5F.

Work No. 5H- An access road 172 metres in length extending from a junction with Balgreen Road south of the junction with Baird Drive, crossing Work No. 5 on the level, to a point close to the Jenners Depository.

Work No. 6- A tramroad 1188 metres in length (double line) extending from its junction with the termination of Work No. 5, crossing the main railway lines by bridge, to Saughton Mains Street.

Work No. 6A- Diversion of Carrick Knowe footpath 42 metres in length extending from a junction with Stenhouse Drive, crossing Work No. 6 on the level, to a point on the existing Carrick Knowe footpath.

Work No. 7- A tramroad 3150 metres in length (double line) extending from its junction with the termination of Work No. 6, crossing Saughton Road by bridge, crossing Broomhouse Road by bridge, crossing South Gyle Access by bridge and crossing the main railway line by viaduct, to a point near Lochside Way, including provision of a footpath and cycleway.

Work No. 7A- An access road 251 metres in length extending from a junction with Cultins Road to a junction with the roundabout at Hermiston Gait.

Work No. 8- A tramroad 950 metres in length (double line) extending from its junction with the termination of Work No. 7, crossing Lochside Avenue on the level, crossing South Gyle Broadway on the level and terminating at a point between South Gyle Broadway and the car park of the Gyle Shopping Centre.

Work No. 9- A tramroad 4099 metres in length (double line) extending from its junction with the termination of Work No. 8, under the A8 Glasgow Road, crossing the access road to Meadowfield Farm on the level, crossing the access road to Gogar Castle on the level, crossing the access road to Gogar Farm on the level, crossing Gogar Burn by bridge, crossing Gogar Mains Farm Road on the level, past the Ingliston Park and Ride, crossing the access road to Edinburgh Airport on the level and terminating at a point to the south of the Edinburgh Airport terminal building, including construction of a depot north of the A8 Glasgow Road and construction of a car park for the Ingliston Park and Ride.

Work No. 9A- An access road 585 metres in length extending from a junction with the access road to Meadowfield Farm along the access road to Castle Gogar to a junction with the A8 Glasgow Road.

Work No. 10- A tramroad 530 metres in length (double line) extending from its junction with Work No. 9 at the Ingliston Park and Ride, crossing Eastfield Road on the level, to a point near the A8 Glasgow Road north of No. 4 Ingliston, including construction of a car park for the Ingliston Park and Ride.

Work No. 11- A road tramway 890 metres in length (double line) extending from its junction with the termination of Work No. 10, crossing Ingliston Road on the level, along the A8 Glasgow Road to a point south of the junction with Hallyards Road.

Work No. 12- A tramroad 950 metres in length (double line) extending from its junction with the termination of Work No. 11, crossing Station Road on the level, to Harvest Road.

Work No. 12A- A path 84 metres in length, crossing work No. 12 on the level.

Work No. 13- A road tramway 1817 metres in length (double line) extending from its junction with the termination of Work No. 12, along Harvest Road, under the M9 motorway, along Cliftonhall Road, along Newbridge Industrial Estate Road and terminating at a point west of the Newbridge Roundabout.

Work No. 13A- A revision to the road layout 154 metres in length of the Newbridge Industrial Estate Access Road at the termination of Work No. 13.

Work No. 13B- A revision to the road layout 386 metres in length of the B7030 near Newbridge Industrial Estate and the Newbridge Roundabout at the termination of Work No. 13.

Haymarket Yards

Cycletrack between Balbirnie Place and Haymarket Yards

Lochside Avenue

Saughton Mains Street

South Gyle Broadway

Access Road to Meadowfield Farm

Access Road to Castle Gogar

Gogar Mains Farm Road

Access Road to Gogar Farm

Burnside Road

Eastfield Road

Eastfield Avenue

Glasgow Road

The Edinburgh Festival Cavalcade

The Edinburgh Festival Fireworks Concert

The Hogmanay Street Party

(a) the owner or occupier of premises the drains of which communicated with that sewer, or

(b) the owner of a private sewer which communicated with that sewer,

"gas transporter" has the meaning given to it by section 7(1) of the Gas Act 1986 (c.44);

"public communications provider" has the same meaning as in section 151 of the Communications Act 2003 (c.21); and

"public utility undertakers" means persons who are-

(a) authorised by any enactment to carry on an undertaking for the supply of water;

(b) gas transporters; or

(c) the holders of licences under section 6 of the Electricity Act 1989 (c.29),

and who are, or are deemed to be, statutory undertakers within the meaning of section 214 of the 1997 Act.

(a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the undertaker may reasonably determine and have power to place it, or

(b) provide other apparatus in substitution for the existing apparatus and place it in such a position.

(a) determined in accordance with section 144 (Sharing costs of necessary measures) of the 1991 Act and any regulations for the time being having effect under that section, and

(b) borne by the authorised undertaker and the statutory undertaker in such proportions as may be prescribed by any such regulations.

"apparatus" has the same meaning as in Part IV of the 1991 Act;

"relocation works" means works executed, or apparatus provided, under sub-paragraph (2); and

"statutory undertaker" has the same meaning as in the Roads (Scotland) Act 1984 (c.54).

(a) is under the control or management of, or is maintainable by, railway or tramway undertakers, or

(b) forms part of a level crossing belonging to any such undertakers or to such an authority or to any other person,

140 Balgreen Road, Jenners Depository, with lodge, garages, gatepiers and railings

Glasgow Road, Castle Gogar Lodge and gatepiers

194 Glasgow Road, Former Gogar Parish Church and churchyard

Haymarket, Heart of Midlothian War Memorial

5b York Place, Former St George's Chapel (Episcopal) including railings and lamps

Professor Wilson, Statue East Princes Street Gardens, Princes Street

Dr Livingstone, Statue East Princes Street Gardens, Princes Street

Adam Black, Statue, East Princes Street Gardens, Princes Street

West Princes Street Gardens, Royal Scots Memorial

West Princes Street Gardens, Thomas Guthrie Monument

West Princes Street Gardens, Sir James Young Simpson Monument

W E Gladstone, Memorial Coates Crescent and Shandwick Place

National Portrait Gallery, Queen Street

12, 12a and 13 St Andrew Square, Guardian Royal Exchange

22, 21 and 22 St Andrew Square and 1-5 (Odd Nos.) North St David Street with railings, IBM Ltd

23 and 23a St Andrew Square with railings

26 St Andrew Square with railings

28 St Andrew Square with balustrading, Scottish Equitable

3 and 3a St Andrew Square

35 St Andrew Square with lamp standards and railings

36 St Andrew Square, Dundas House, Royal Bank of Scotland Head Office, with associated additions, walls, gatepiers, gates, railings and lamp standards

37 St Andrew Square, Bank of Scotland, with railings and lamp standards

38 and 39 St Andrew Square, Bank of Scotland with lamp standards

42 St Andrew Square, Royal Bank of Scotland

9 and 10 St Andrew Square

Jenners, Princes Street

Royal Scottish Academy, Princes Street

Scott Monument

St John's Church, Princes Street

St George's West Church, Shandwick Place

Caledonian Hotel, Rutland Place