Commentary on Sections Section 1 and the schedule - Trunk roads
6.Section 1 provides for the length of road described in the schedule (which includes the road over the FRB) to become a trunk road. Presently that length of road is managed and maintained by FETA. As a trunk road it will fall under the management and maintenance of the Scottish Government in its capacity as the roads authority in terms of the Roads (Scotland) Act 1984(2) (the 1984 Act). The length of road in question is described in the Schedule to the Act.
7.Subsection (2) prevents property and liabilities transferring to the Scottish Government on account of the road becoming a trunk road. Certain enactments (specifically sections 80 and 112 of the 1984 Act) provide that when a road becomes a trunk road certain property and liabilities transfer automatically to the roads authority (in this case the Scottish Government). As section 2 of the Act will transfer all of FETA’s property and liabilities to the Scottish Government it is unnecessary to have any property or liabilities transfer under the 1984 Act and having more than one enactment bearing to transfer the same property and liabilities could potentially confuse the legal basis of transfer. Section 1(2) therefore ensures that section 2 will be the sole basis for the Scottish Government inheriting all of FETA’s property and liabilities.