Commentary on Sections Part 2 – Roads
42.This Part enables the Scottish Ministers to designate special and trunk roads (section 11 and section 12) and to transfer roads to the management of the local roads authority (section 13). It also provides powers to stop up roads (section 14) and accesses (section 15), extinguish rights of way over a stopped up road or access (section 16) as well as setting out a process for determining the ownership of the solum of a stopped up road (section 17). Part 2 additionally, sets out what the Scottish Ministers must do when undertaking works in roads vested in a local roads authority and requires them to enter information in the Scottish Road Works Register when carrying out works in such roads (section 18). This Part also disapplies the need for consent from the local roads authority in certain circumstances but requires the Scottish Ministers to consult and consider any representation from the local roads authority (section 19) and references technical provisions (section 20) in the Roads (Scotland) Act 1984 (c.54) that are required to be disapplied to enable the appropriate operation of the Act.