Commentary on Sections Part 2 – Roads Section 12 – Trunk roads
45.Section 12 provides for the designation of new roads and existing roads as trunk roads. The expression trunk road applies to roads within the trunk road network(6) for which the Scottish Ministers are responsible. Section 12(1) introduces schedule 4 which provides details of all new roads which are to be trunk roads on the date that the section comes into force. The subsection also ensures that a proposed road identified in schedule 3 also becomes a trunk road when the section is commenced.
46.Subsection (2) introduces schedule 5 which lists existing roads (or parts of roads) currently maintained by local roads authorities. These roads will become trunk roads on a date determined by the Scottish Ministers and accordingly transfer to the Scottish Ministers.
47.Subsection (3) makes provision for a special road to become a trunk road on the date that the road is designated as being a special road if it is not already a trunk road under the Act or the Roads (Scotland) Act 1984. This subsection therefore ensures that any road designated as a special road will also be a trunk road.
48.The mechanism for notifying various parties when an existing road is to become a trunk road is set out in subsection (4).
49.Subsection (5) applies section 112 of the 1984 Act which provides that when a road transfers from a local roads authority to the Scottish Ministers all liabilities associated with the road (except for any loans or loan charges) will transfer at the time the road becomes a trunk road.
50.Subsection (6) enables a designation of a road as a trunk road made under the Act to be changed in the future under section 5 of the 1984 Act (which includes detrunking of roads).
51.Subsection (7) ensures a trunk road designated under the Act is included in the definition of a trunk road in the 1984 Act and therefore attracts the maintenance and other provisions of the 1984 Act as they relate to trunk roads.