Commentary on Sections Part 2 – Roads Section 11 – Special roads
43.The term “special road” is used to describe a road which is prescribed for the use of certain classes of traffic(5). Subsection (1) introduces schedule 3 which lists those roads or parts of road that the Scottish Ministers may designate as being a special road. Subsection (2) provides the notification procedures that the Scottish Ministers must follow when designating a road under the Act as a special road.
44.Subsections (3) and (4) are technical provisions to ensure that a designation of special road status made under the Act can be treated as though it were made under section 7 of the Roads (Scotland) Act 1984 and therefore attract the provisions of the 1984 Act as they relate to special roads. If a special road designation were to change, section 145 of the 1984 Act would need to be applied to modify or repeal section 11. This ensures that any future re-designation of roads as special roads or otherwise can be done using the powers under section 7 of the 1984 Act, and is subject to the relevant procedures in Schedules 1 and 2 to that Act.