iii) shall be made only where it appears to the Secretary of State that the whole or any part of the expenditure in respect of which such advances could be made should not fall on the authority. a ) advances (other than advances in respect of the acquisition of land) in respect of the construction of new roads or the maintenance or improvement of roads or make such advances in conjunction with such an authority (whether or not that authority is the roads authority by whom the road is, or as the case may be will be, maintainable) to any person; A decision of which notice is given under subsection (4) above shall not be given effect to until the 28 days mentioned in subsection (5) above have expired or, if the matter has been referred under the said subsection (5) to the sheriff, until the summary application has been disposed of or abandoned.

b ) advances in respect of the acquisition of land by them where he is satisfied that the land has been or is to be acquired by the authority with a view to the construction of a new road or the improvement of a road. ii) may include advances for any purpose incidental, or conducive, to the purposes mentioned in those paragraphs; and The Road Works (Qualifications of Operatives and Supervisors) (Scotland) Amendment Regulations 2019 View Record of Determination - Environmental Impact Assessment - A85 Crianlarich Rail Bridge Resurfacing View Environmental Impact Assessment Record of Determination - A985 Kincardine Bridge - Maintenance Schemes

Every road maintainable by the Secretary of State under subsection (1) above shall vest in him for the purposes of his functions as roads authority; but such vesting shall not confer on him any heritable right in relation to a road. Section cited in: 5 cases, one other sources, 11 Laws or Regulations Amended by View Environmental Impact Assessment Record of Determination - A8 - Marypark Road to Inverclyde Boundary View Environmental Impact Assessment Record of Determination - M90 - Friarton Bridge - Concrete Repairs

Dual carriageways, roundabouts and refuges.: The roads authority may construct and maintain works in the carriageway of a public road— View Record of Determination - A86 Allt A'ghaill (Masonry Repairs And Vehicle Restraint System Installation Works) Status of works authorised by section 39A.: Works (whenever constructed) of a description prescribed by regulations under section 39B, or authorised under section 39A, of this Act, which conform to any requirements imposed by the regulations or authorisation shall not be treated as constituting an obstruction to the road but as part of the road, so that in particular— The Road Works (Scottish Road Works Register, Notices, Directions and Designations) (Scotland) Regulations 2008Subsection (5) above is without prejudice to the rights of the local roads authority to proceed again under subsection (4) above as regards the same addition or deletion (or as regards an addition or deletion which comprehends, or is comprehended in, the same addition or deletion) where there has been a material change of circumstances since the publication, in relation to the original proposed addition or deletion, of the notice under subsection (4)( b ) above.

ii) fronts or abuts that road and has a net annual value which is not less than half of the total net annual value of all the land which fronts or abuts that road. Environmental assessment of certain road construction projects: The Scottish Ministers must not proceed with the construction of a new road for which they are the roads authority if an environmental impact assessment is required for that project in accordance with section 20C— Subject to subsection (10) below, every road which is entered in the list of public roads kept by a local roads authority shall vest in the authority for the purposes of their functions as roads authority: but such vesting shall not confer on an authority any heritable right in relation to a road. Construction of road humps by roads authority.: A roads authority may construct road humps in a road maintainable by them if—The Secretary of State with the consent of the Treasury may subject to subsection (2)( b )(iii) below make to a local roads authority— b ) has not since such commencement been acquired (whether compulsorily or by agreement) by the local roads authority,