Acts of the Scottish Parliament

2006 asp 13

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

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.

(a) the railway works referred to in section 2 below ("the railway works"); and

(b) the ancillary works referred to in section 3 below ("the ancillary works").

(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 as may be necessary or expedient.

(a) at the points shown on the Parliamentary plans; or

(b) in such location or locations within the limits of deviation or the limits of land to be acquired or used as may be approved by the roads authority.

(a) by and at the expense of the authorised undertaker for a period of 12 months from its completion; and

(b) at the expiry of that period by and at the expense of the roads authority.

(a) by and at the expense of the authorised undertaker for a period of 12 months from its completion; and

(b) at the expiry of that period by and at the expense of the roads authority.

(a) in the case of Work No. 1B the owner of the land abutting the north-west boundary of plot no. 40 on the Parliamentary plans in the local government area of Midlothian; and

(b) in the case of Work No. 7B the owner of Allanshaugh Farm, Allanshaugh,

(a) land to which there is no right of access directly from the road or part to be stopped up;

(b) land to which there is reasonably convenient access otherwise than directly from the road or part to be stopped up;

(c) land as respects which the owners and occupiers have agreed to the stopping up of the road or part; and

(d) land of which the authorised undertaker has taken possession under section 24(1) below.

(a) all rights of way over or along the stopped up part of the road shall be extinguished; and

(b) the authorised undertaker may, without making any payment, appropriate and use for the purposes of the authorised works so much of the site of the road as is bounded on both sides by land within the limits of deviation of the authorised works.

(a) divert the traffic from the road; and

(b) subject to subsection (2) below, prevent all persons from passing along the road.

(a) divert the traffic from the road; and

(b) subject to subsection (2) above, prevent all persons from passing along the road.

(a) in relation to any road specified as mentioned in subsection (3) above, without first consulting the road works authority; and

(b) in relation to any other road, without the consent of the road works authority.

(a) consent under subsection (4)(b) above has been unreasonably withheld; or

(b) a condition imposed under subsection (5) above is unreasonable,

(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, a private provider who has made an agreement with Scottish Water under section 1(2)(b) of the Sewerage (Scotland) Act 1968 (c.47) (duty of local authority to provide sewerage for their area) or a roads authority; and

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

(a) "building" includes any structure or erection or any part of a building, structure or erection;

(b) any reference to a building within a specified distance of a work includes-

(i) in the case of a work under the surface of the ground, a reference to any building within the specified distance of the point on the surface below which the work is situated; and

(ii) where a work has not commenced, a reference to a building within the specified distance of the proposed site of the work; and

(c) "safeguarding works", in relation to a building, means-

(i) 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

(ii) 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) such of the land shown on the Parliamentary plans within the limits of deviation for the authorised works as-

(i) is described in the book of reference; and

(ii) may be required by the authorised undertaker for the purposes of the authorised works; and

(b) such of the land so shown within the limits of land to be acquired or used and so described as-

(i) is specified in columns (1), (2) and (3) of Part 1 of schedule 6 to this Act; and

(ii) may be required for the purposes specified in relation to that land in column (4) of that Part.

(a) so much of the subsoil of the land; or

(b) such servitudes or other rights over the land,

(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 or place.

(a) enter upon and take temporary possession of any of the land specified in columns (1), (2) and (3) of schedule 7 to this Act for the purpose specified in relation to that land in column (4) of that schedule relating to the authorised works specified in column (5) 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) interests in subsoil;

(b) new rights; or

(c) land within the limits of land to be acquired or used for any purpose specified in relation to that land in schedule 6 to this Act.

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

(b) the value of the 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,

(a) a notice to treat is served on a person ("the owner") under that Act (as incorporated with this Act by section 52 below) 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 or 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 or 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 or 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 24 below,

(a) in the case of a determination under subsection (6) above, for the period of 28 days after the sooner of the events specified in paragraphs (a) and (b) of subsection (1) above; and

(b) in the case of a determination under subsection (7) above, throughout the period that the authorised undertaker remains in possession of the land.

(a) survey or investigate the land;

(b) without prejudice to the generality of paragraph (a) above, 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 water and soil samples;

(c) without prejudice to the generality of paragraph (a) above, 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 the exercise of any power conferred by paragraphs (a) to (d) above; and

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

(a) on the first occasion at least seven days'; and

(b) on subsequent occasions not less than three days',

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

(b) may enter with such vehicles and equipment as are necessary for the purpose of exercising any of the powers conferred by subsection (1) above.

(a) the authorised undertaker has entered into a binding obligation ("the obligation") not to acquire any land within the limits of deviation or the limits of land to be acquired or used; and

(b) either the authorised undertaker or the owner desires to reflect that commitment by way of either amendment of, or addendum to, either or both the Parliamentary plans and the book of reference,

(a) their description of any land; or

(b) their statement or description of the ownership or occupation of any land,

(a) in the case of a notice by the authorised undertaker, to the owner, lessee and occupier of the land in question; and

(b) in the case of a notice by an owner, to the authorised undertaker and to any lessee or occupier of the land in question.

(a) in the case of an application under subsection (1) above, that the proposed amendment accurately reflects the obligation; and

(b) in the case of an application under subsection (2) above, that there is an inaccuracy which may be amended under this section.

(a) that the proposed amendment accurately reflects the obligation; or

(b) that the inaccuracy arose from mistake,

(a) the Parliamentary plans and the book of reference shall be deemed to be corrected according to the certificate; and

(b) it shall be lawful for the authorised undertaker to take the land or, as the case may be, a right over the land and execute the works in accordance with the certificate.

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

(b) the period referred to in that subsection, taken together with any extension to it, shall not exceed 10 years in total.

(a) may be subject to the creation for the benefit of the authorised undertaker of such servitudes or other rights in or over the land transferred as the authorised undertaker may require for the purpose of maintaining or operating the authorised works; and

(b) shall be for a consideration calculated as if the land were being transferred pursuant to section 120 of the 1845 Lands Act (which relates to the sale of superfluous lands by an acquiring authority) and determined in case of dispute by the tribunal.

(a) so much of Work No. 1C as comprises a bridge over the railway (Work No. 1); and

(b) Work No. 1E.

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

(b) from constituting a danger to persons using the authorised works.

(a) an order under section 160(1) of the 1997 Act (tree preservation orders); and

(b) section 172(1) of that Act (which prohibits the doing in a conservation area of any act which might be prohibited by a tree preservation order),

(a) the transfer to and vesting in another person of all or any of the functions of the authorised undertaker under this Act, including the powers conferred by this section;

(b) the disposal of the whole or any part of the undertaking consisting of the authorised works and any land held for the purposes of, or in connection with, those works;

(c) the creation of any heritable security, charge or other encumbrance secured on the undertaking.

(a) under this Act; or

(b) under any undertaking or commitment given by, or on behalf of Scottish Borders Council or any other authorised undertaker, at any time, whether before or after the passing of this Act,

(a) vest any of the authorised works in Network Rail; or

(b) transfer to Network Rail the powers conferred by this Act relating to any of those works,

(a) with respect to the funding, construction, maintenance and operation of the authorised works and any matter consequential thereon or incidental or ancillary thereto; or

(b) which (whether separately or as part of any other agreement) contains such supplementary, incidental, transitional and consequential provisions as the authorised undertaker may consider to be necessary or expedient.

"disposal" includes sale, lease, excambion and charge; and

"functions" includes powers, duties and obligations.

(a) by delivering it to that person;

(b) by leaving it at that person's proper address; or

(c) by sending it by post to that person at that address.

(a) in the case of a body corporate if it is served on the secretary or clerk of that body; and

(b) in the case of a firm, if it is served on a partner of that firm.

(a) a body corporate, if addressed to the body at its registered or principal office;

(b) a firm, if addressed to the firm at its principal office; or

(c) any other person, if addressed to the person at that person's last known address.

(a) addressing it to the person by name or by the description of "owner", or as the case may be "occupier", 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.

"currency", in relation to a financial support contract, means the period during which-

(a) a financial support contract is in force; and

(b) financial obligations under the financial support contract relating to the provision of the authorised works remain to be discharged;

"developer contribution" means a developer contribution obtained under section 39(4) below;

"financial support contract" means-

(a) an agreement under which a party to the agreement makes a commitment to-

(i) procure funding for the provision of the authorised works;

(ii) approve any of the relevant planning authorities incurring expenditure or entering into any financial obligation for that purpose;

(b) a contract under which a party to the contract is obliged to provide money to pay for providing the authorised works and the authorised undertaker is obliged to pay interest or otherwise give monetary consideration for that money; or

(c) a contract under which a party to the contract is obliged to provide, or to procure the provision of, all or part of the authorised works for a consideration all or part of which is represented by the transfer or grant to that person of assets or benefits in either case other than money;

"provision", in relation to any part of the railway works, means the design, construction or financing of those works, and includes maintenance and operation so far as provided in conjunction with design, construction or financing; and

"relevant planning agreement" means an agreement entered into by a planning authority under section 75 of the 1997 Act in connection with land on which any development can be expected to benefit from or be enhanced by the provision of the authorised works.

(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.

(a) that the environmental impacts of the construction and 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 the promoter's undertakings 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 ‘Waverley Railway Act: Further Environmental Information (February 2005)’ and the ‘Addendum Environmental Statement: Stow Station (January 2006)’;

"the promoter's undertakings" means all undertakings given by Scottish Borders Council as Promoter of the Bill for this Act-

(a) to the Committee during the Consideration Stage of the Bill for this Act; or

(b) to any person in connection with that Bill;

"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) the authorised works are carried out in accordance with-

(i) the code of construction practice; and

(ii) any relevant local construction code,

as approved by the local planning authority and from time to time amended or replaced; and

(b) the noise and vibration policy, as from time to time amended or replaced, is applied to the use and operation of the authorised works.

(a) Works Nos. 5, 5D, 6, 7, 7B, 8, 9 and 10; and

(b) all related works and operations.

(a) sections 45, 46 and 47 above;

(b) schedules 10 and 11 to this Act;

(c) any agreement under paragraph 6 of schedule 11; and

(d) any code of construction practice or local construction code approved, amended or replaced under either of those schedules,

(a) the acquisition of any land by the authorised undertaker, whether compulsorily or by agreement; or

(b) the entry on the land by the authorised undertaker under section 24 above,

(a) the Lands Clauses Acts, except sections 120 to 124 and section 127 of the 1845 Lands Act;

(b) the 1845 Act, except sections 1, 7, 8, 9, 15, 17, 19, 20, 22, 23 and 25; and

(c) in the Railways Clauses Act 1863 (c.92), Part I (relating to construction of a railway) except sections 13, 14 and 19.

"the 1845 Act" means the Railways Clauses Consolidation (Scotland) Act 1845 (c.33);

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

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

"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);

"the ancillary works" has the meaning given by section 3 above;

"the authorised undertaker" means, at any time, Scottish Borders Council or such other person or persons in whom are vested at that time some or all of the functions conferred by this Act concerning the authorised works;

"the authorised works" means the works authorised by this Act;

"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 volume entitled ‘Book of Reference – Stow Station’, which was submitted to the Committee in connection with the Bill for this Act, a copy of which has been lodged with the Clerk of the Parliament to be held with the accompanying documents relating to the Bill for this Act;

"code of construction practice" means the edition of the Code of Construction Practice (which sets out the measures to be employed in the construction of the authorised works so to mitigate the impact of those works) Version 7 dated 28th April 2006, a copy of which has been lodged with the Clerk of the Parliament to be held with the accompanying documents relating to the Bill for this Act;

"the Committee" means the Waverley Railway (Scotland) Bill Committee to which the Bill for this Act was referred;

"construction" includes execution, placing, alteration and reconstruction and demolition; and "construct" and "constructed" have corresponding meanings;

"the continuing private crossings" has the meaning given by section 8(1) above;

"enactment" includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;

"the existing private crossings" has the meaning given by section 8(2) above;

"the former railway" means any railway which prior to the passing of this Act was situated within the limits of deviation;

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

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

"local construction code" means a code of practice 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 code;

"Network Rail" means Network Rail Infrastructure Limited (Company No. 2904587 (England)) whose registered office is at 40 Melton Street, London NW1 2EE and any other of the Network Rail group of companies which holds property for railway purposes;

"the original enactments" means any enactment by which any former railway was authorised, and any other enactment of local application relating to any former railway;

"Parliamentary plans" means the plans submitted to the Parliament as accompanying documents with the Bill for this Act, together with the Stow maps, plans and sections;

"Parliamentary sections" means the sections submitted to the Parliament as accompanying documents with the Bill for this Act;

"the railway works" has the meaning given by section 2 above;

"River Tweed Special Area of Conservation" means the special area of conservation designated, under Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Flora and Fauna, with the SAC EU Code UK 0012691;

"road" has the meaning given by section 107 of the 1991 Act;

"the road works authority" has the meaning given by section 108 of the 1991 Act;

"the roads authority" has the meaning given by section 151(1) of the Roads (Scotland) Act 1984 (c.54);

"SEPA" means the Scottish Environment Protection Agency established under section 20 of the Environment Act 1995 (c.25);

"SNH" means Scottish Natural Heritage established under section 1 of the Natural Heritage (Scotland) Act 1991 (c.28);

"Stow maps, plans and sections" means the volume of the Parliamentary plans entitled "Maps, Plans and Sections – Stow Station", which was submitted to the Committee in connection with the Bill for this Act, a copy of which has been lodged with the Clerk of the Parliament to be held with the accompanying documents relating to the Bill for this Act;

"Stow plan" means the plan forming part of the Stow maps, plans and sections; and

"the tribunal" means the Lands Tribunal for Scotland.

Work No. 1- A railway (3,600 metres in length) commencing by joining the Niddrie North Junction-Bilston Glen line (Edinburgh CrossailRail to Newcraighall) at a point in the Millerhill Marshalling Yard 7 metres south-west of the south-western corner of the bridge carrying Whitehall Road over the northern rail entrance to the Millerhill Marshalling Yard and terminating at a point 50 metres north of the bridge carrying Old Dalkeith Road (A68) over the Penicuik-Musselburgh Foot & Cycleway. Work No. 1 includes a bridge under the City of Edinburgh Bypass (A720) and a culvert to carry Dean Burn under the intended railway. Work No. 1 includes a station at Shawfair.
Work No. 1A- A bridge over the intended railway (Work No. 1) to provide access for the proposed Shawfair development.
Work No. 1B- An access road commencing by a junction with Work No. 1C at a point 117 metres south-west of the entrance to the CPL Distribution Depot on the unnamed road forming the western continuation of Newton Church Road and terminating at that entrance.
Work No. 1C- A realignment of the unnamed road forming the western continuation of Newton Church Road and of Newton Church Road commencing at a point in that unnamed road 190 metres south-west of the entrance to the CPL Distribution Depot on the unnamed road, passing over the intended railway (Work No. 1) and terminating at a point 195 metres north-east of the north-eastern corner of Hope Cottage. Work No. 1C includes a bridge over the intended railway (Work No. 1).
Work No. 1D- A road commencing by a junction with Work No. 1C at a point 200 metres north-east of the north-eastern corner of Hope Cottage and terminating by a junction with Newton Church Road at a point 110 metres north-east of the north-eastern corner of Hope Cottage.
Work No. 1E- A footbridge over the intended railway (Work No. 1) to provide access for the proposed station at Shawfair.
Work No. 1F- A footbridge over the intended railway (Work No. 1) at Longthorn between the junction of Newton Village with Newton Church Road and a point 105 metres south-east of the south-eastern corner of Hope Cottage.
Work No. 1G- A road commencing by a junction with Millerhill Road (A6106) and the commencement of Work No. 1J, at a point 222 metres west of the roundabout at the junction of that road and Old Craighall Road (B6415), passing over the intended railway (Work No. 1) and terminating at a point 253 metres north of that roundabout. Work No. 1G includes a bridge over the intended railway (Work No. 1).
Work No. 1H- A road commencing by a junction with Work No. 1G at a point 235 metres north of the roundabout at the junction of Millerhill Road (A6106) and Old Craighall Road (B6415) and terminating by a junction with Old Craighall Road at a point 160 metres north-east of that roundabout.
Work No. 1J- A realignment of Millerhill Road (A6106) commencing by a junction with that road at the commencement of Work No. 1G and terminating by a junction with Millerhill Road at a point 215 metres south of the access road leading to Sheriffhall Mains.
Work No. 1K- A road commencing by a junction with the access road leading to Sheriffhall Mains at a point 340 metres south of the roundabout at the junction of Millerhill Road (A6106) and Old Craighall Road (B6415) and terminating by a junction with Work No. 1J at a point 282 metres south-west of that roundabout. Work No. 1K includes a bridge over the intended railway (Work No. 1).

Work No. 2- A railway (4,800 metres in length) commencing by a junction with Work No. 1 at its termination, passing in part over the course of the former Waverley railway and terminating at a point 68 metres north of the northern side of Brewer's Bush Bridge carrying New Hunterfield (B704) over the intended railway. Work No. 2 includes the strengthening of Glenesk Viaduct carrying the intended railway over the river North Esk; the removal of the existing footbridge at the former Eskbank Station; the reconstruction of Hardengreen Farm Bridge carrying the track to that farm over the intended railway; a viaduct carrying the intended railway over Murderdean Road (A7) and the B6392 road at Hardengreen Junction and the strengthening of Newbattle Viaduct carrying the intended railway over the river South Esk. Work No. 2 includes stations at Eskbank and Newtongrange.
Work No. 2A- A footbridge over the intended railway (Work No. 2) to provide access to the proposed station at Eskbank.
Work No. 2B- An access road commencing by a junction with the private service road off the Tesco car park at a point 40 metres south-east of the entrance to the Tesco Petrol Station at Hardengreen and terminating in the proposed station car park at Eskbank at a point 197 metres east of that entrance.
Work No. 2C- A road commencing by a junction with the access road (Work No. 2B) at a point 75 metres south-east of the entrance to the Tesco Petrol Station at Hardengreen and terminating at the goods entrance to Tesco at a point 75 metres east of that entrance.
Work No. 2D- A road commencing by a junction with the access road (Work No. 2B) at a point 142 metres south-east of the entrance to the Tesco Petrol Station at Hardengreen and terminating at the entrance to K&I Coachworks at a point 140 metres south-east of that entrance.
Work No. 2E- A footbridge over the intended railway (Work No. 2) at Newtongrange between Redwood Walk and Station Road.
Work No. 2F- A footbridge over the intended railway (Work No. 2) at Deanpark between New Star Bank and Station Road.

Work No. 3- A railway (5,900 metres in length) commencing by a junction with Work No. 2 at its termination, passing over the course of the former Waverley railway and terminating at a point 70 metres east of the eastern side of Thorniehill Bridge carrying Castle Road over the intended railway. Work No. 3 includes a viaduct carrying the intended railway over the A7 road at Gore Glen Country Park; the removal of Harvieston South Footbridge at the former Fushiebridge station; a station at Gorebridge; and an overbridge at Catcune Farm.
Work No. 3A- A footbridge over the intended railway (Work No. 3) at Gore Glen Country Park (west) between the Country Park's existing footpath network and the Country Park's car park adjacent to the A7 road.
Work No. 3B- A footbridge over the intended railway (Work No. 3) at Gore Glen Country Park (east) to carry the path between the Country Park's existing footpath network and Millbank House over Work No. 3.
Work No. 3C- A railway (346 metres in length), forming a turnback siding at Gorebridge, commencing at a point 322 metres south-east of the south-eastern corner of Millbank House and terminating by a junction with the intended railway (Work No. 3) at a point 230 metres west of the bridge carrying Main Street/Station Road over Work No. 3.
Work No. 3D- A footbridge over the intended railway (Work No. 3) at Gorebridge to carry the path between Robertson's Bank and Vogrie Road over Work No. 3.

Work No. 4- A railway (5,100 metres in length) commencing by a junction with Work No. 3 at its termination, passing over the course of the former Waverley railway and terminating at a point 267 metres south-east of the junction of the track leading to Steading Cottage/Cowbraehill with the B6367 road. Work No. 4 includes the reconstruction of the Halflaw Kiln Overbridge, the Halflaw Bow's Overbridge and the bridge carrying the track between the B6367 road and Halflaw Kiln over the intended railway; and the removal of the existing Willow Burn Bridge.

Work No. 5- A railway (5,000 metres in length) commencing by a junction with Work No. 4 at its termination, passing over the course of the former Waverley railway and terminating at a point 150 metres south-east of the former Stagebank level crossing. Work No. 5 includes the replacement of the decking of the unnamed culverts carrying Cakemuir Burn and Gala Water under the intended railway; the reconstruction of Shoestanes Overbridge over the intended railway; and the replacement of the decking of Heriot Station culvert carrying Gala Water and Shoestanes culvert carrying Shoestanes Burn under the intended railway.

Work No. 5A- A realignment of the A7 road commencing at a point in that road 120 metres north of the existing junction of the private road leading to Falahill Farm with the A7 road and terminating at a point in the A7 road adjacent to No. 6 Falahill Cottages. Work No. 5A includes a bridge over the intended railway (Work No. 5).
Work No. 5B- A road commencing by a junction with Work No. 5A at a point 70 metres south of the existing junction of the private road leading to Falahill Farm with the A7 road and terminating by a junction with that private road at a point 120 metres south-west of that existing road junction.
Work No. 5C- A footbridge over the intended railway (Work No. 5) at the former Heriot Station to replace the length of Heriot Way between points E3 and E4.
Work No. 5D- A road commencing by a junction with the B709 road at a point 120 metres south of the existing junction of Old Stage Road (C11) with the B709 and terminating by a junction with the A7 road at a point 233 metres north-east of that existing road junction. Work No. 5D includes a bridge over the intended railway (Work No. 5) and earthworks for a visibility splay at its junction with the A7 road. Work No. 5D also includes a diversion of Gala Water from its existing course between points E7, E8 and E10 to a new course between points E7, E9 and E10.
Work No. 5E- A road commencing by a junction with Work No. 5D at a point 33 metres north of the existing junction of Old Stage Road (C11) with the B709 road and terminating by a junction with the B709 75 metres north-west of that existing road junction.
Work No. 5F- A road commencing by a junction with Work No. 5D at a point 40 metres south of the existing junction of Old Stage Road (C11) with the B709 road and terminating by a junction with Old Stage Road 130 metres south-east of that road junction.
Work No. 5G- An improvement of the Hangingshaw branch of the C11 road between a point 112 metres south of the junction of that branch road with the A7 road and the junction with Old Stage Road (C11). Work No. 5G includes a bridge over the intended railway (Work No. 5).

Work No. 6- A railway (3,300 metres in length) commencing by a junction with Work No. 5 at its termination, passing over the course of the former Waverley railway and terminating at a point 63 metres south of the bridge carrying the former railway over Gala Water. Work No. 6 includes the replacement of the decking of Hangingshaw Cattle Creep under the intended railway and of Little Gala, Crookston Mill, Hollowshank and Bower bridges carrying the intended railway over Gala Water.

Work No. 7- A railway (7,000 metres in length) commencing by a junction with Work No. 6 at its termination, passing over the course of the former Waverley railway and terminating at a point 158 metres north-west of the bridge carrying Station Road over the former railway at Stow. Work No. 7 includes a new culvert with track at Fountainhall to carry Still Burn under the intended railway; the reconstruction of Plenploth North, Torquhan South and Watherston bridges to carry the intended railway over Gala Water; the replacement of the decking of the culvert carrying a cattle creep and drain under the railway at Pirn and the culvert carrying Dean Burn under the railway at Watherston; the reconstruction of Craigbank Cattle Creep and of Watherston Dry Underbridge carrying the intended railway over the access track between the A7 road and Watherston Farm at The Craigs Wood; and the replacement of the decking of the bridge to carry the intended railway over Gala Water at Galabank.
Work No. 7A- A road commencing by a junction with the Fountainhall branch of the C11 road at a point 210 metres north-west of the junction of that branch road with Old Stage Road (C11) and terminating by a junction with the A7 road at a point 86 metres north-west of the junction of the Fountainhall branch of the C11 with the A7 road. Work No. 7A includes a bridge over the intended railway (Work No. 7) and earthworks for a visibility splay at its junction with the A7.
Work No. 7B- An access road commencing by a junction with Work No. 7A at a point 100 metres south-west of the junction of the Fountainhall branch of the C11 with the A7 road and terminating by a junction with the private road leading to Allanshaugh at a point 187 metres north-east of the junction of that road with Old Stage Road (C11).

Work No. 8- A railway (5,400 metres in length) commencing by a junction with Work No. 7 at its termination, passing over the course of the former Waverley railway, through the existing Bowshank Tunnel and terminating at a point 216 metres south-east of the bridge (Bowland Bridge) carrying the former railway over the Caddonfoot to Bowland road (B710). Work No. 8 includes a station at Stow; the replacement of the decking of the bridges carrying the intended railway over Lugate Water and Ferniehirst Dry; the replacement of the decking of Ferniehirst Water and Bowshank South bridges carrying the intended railway over Gala Water and the bridge (Bowland Bridge) carrying the intended railway over the Caddonfoot to Bowland road (B710); the replacement of the decking of the sheep and cattle creeps under the intended railway at Lugate Dry, Ferniehirst Dry and Bow Bridge; the improvement of Bowshank Tunnel; and the removal of Bowshank Farm Bridge over the intended railway.
Work No. 8A- A realignment of the Bow branch of the C11 road between a point 130 metres south-west of the junction of that branch road with the A7 road and a point 130 metres north-east of the junction of that branch road with Old Stage Road (C11). Work No. 8A includes a bridge under the intended railway (Work No. 8).
Work No. 8B- A footbridge over the intended railway (Work No. 8) to provide access to the station at Stow.

Work No. 9- A railway (3,300 metres in length) commencing by a junction with Work No. 8 at its termination, passing over the course of the former Waverley railway, through the existing Torwoodlee Tunnel and terminating at a point 80 metres south of the southern portal of the Torwoodlee Tunnel. Work No. 9 includes the replacement of the decking of Whitelee Culvert carrying Halk Burn under the intended railway; the replacement of the decking of Whin Underbridge carrying the intended railway over Gala Water at Robin's Knowe; the replacement of the decking of Torwoodlee Cattle Creep under the intended railway; and a bridge (Torwoodlee Water Underbridge) to carry the intended railway over Gala Water at Torwoodlee.

Work No. 10- A railway (5,780 metres in length) commencing by a junction with Work No. 9 at its termination, passing over the course of the former Waverley railway and terminating at a point 35 metres north of the junction of the Tweedbank Industrial Estate Road with Tweedbank Drive. Work No. 10 includes bridges to carry the intended railway over Gala Water at Torwoodlee and over Wheatlands Road (DG108); the reconstruction of the bridge carrying the intended railway over Gala Water adjacent to Plumtreehall Brae (DG84); a station at Galashiels; the removal of the existing Station Brae Bridge; bridges to carry the intended railway over the Langhaugh Industrial Estate Road (DG125/2), the access road (Work No. 10H), Glenfield Road West (DG39) and the path between Glenfield Road East and Huddersfield Street; a bridge to carry Winston Road over the intended railway; and a station at Tweedbank.
Work No. 10A- A footbridge over the intended railway (Work No. 10) to replace the length of Plumtreehall Brae (DG84) between a point 75 metres south-west of the junction of that road with Magdala Terrace (A7) and a point 95 metres south of that road junction.
Work No. 10B- A reconstruction of the bridge carrying Plumtreehall Brae (DG84) over Gala Water north-east of the junction with King Street (A72).
Work No. 10C- A footbridge over the intended railway (Work No. 10) to replace the length of the unnamed road between High Buckholmside (A7) and Low Buckholmside (DG68) between a point 50 metres south of the junction of that unnamed road with High Buckholmside and a point 8 metres north of the junction of the unnamed road with Low Buckholmside.
Work No. 10D- A road commencing by a junction with Work No. 10E at a point 75 metres east of the junction of Station Brae (B6374) with Market Street (A7) and terminating by a junction with Station Brae at a point 30 metres north-west of the junction of that road with High Road (B6452). Work No. 10D includes a bridge over the intended railway (Work No. 10).
Work No. 10E- A road commencing in Currie Road (DG125/2) at a point 60 metres east of its junction with Ladhope Vale (A7) and terminating by a junction with Currie Road (DG125/2) at a point 40 metres north-west of the junction with Currie Road of the entrance to the Health Centre and public car park.
Work No. 10F- An access road commencing at the junction of Station Brae (B6374) with Market Street (A7) and terminating at the entrance to the car park adjoining Our Lady and St Andrew Church.
Work No. 10G- An access road commencing by a junction with Work No. 10F at a point 12 metres north-east of the junction of Station Brae (B6374) with Market Street (A7) and terminating at the entrance to the car park adjoining Anderson's Chambers.
Work No. 10H- An access road commencing by a junction with Glenfield Road West (DG39) at a point 180 metres south-east of the junction of the Langhaugh Industrial Estate Road (DG125/2) with Currie Road (DG125/2) and terminating at a point 190 metres south-east of that road junction.
Work No. 10J- A footbridge over the intended railway (Work No. 10) to replace a length of the path between Dale Street (DG15) and Langlee Drive (DG60).
Work No. 10K- An access road commencing at a point in the proposed station car park at Tweedbank 65 metres north of the existing junction of the Tweedbank Industrial Estate Road with Tweedbank Drive and terminating at a point 12 metres south of that existing road junction.
Work No. 10L- An improvement of Tweedbank Drive between a point in that road 25 metres north-west of the existing junction of the Tweedbank Industrial Estate Road with Tweedbank Drive and a point in Tweedbank Drive 40 metres south-east of that existing road junction.

(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 five 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 section 12 of this Act above to carry out safeguarding works to a building;

(b) a right under paragraph 2 above to enter a building;

(c) a right under paragraph 3(a) above to enter a building or land; or

(d) a right under paragraph 3(b) above to enter land,

(a) safeguarding works to a building are carried out under section 12 of this Act; and

(b) within the period of five years beginning with the day on which the part of the authorised works constructed in 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 authorised works,