The authority to construct new roads is given by virtue of Scottish Statutory Instruments made under powers in the RSA, these are generally referred to as “road orders”. These orders are made following the procedures set out in the RSA but do not generally require to be considered by the Scottish Parliament.
Generally, no road orders are required if the proposed scheme is to upgrade or alter a road entirely within the existing road boundary. For the majority of our larger schemes, we will publish a set of draft road orders, as required by the RSA, once a preferred line is established.
A range of road orders may be used, some of those commonly used are referred to as: main line, special road, side road, extinguishment of rights of way. The particular orders used will vary depending on the content of the scheme.
The road orders set out which powers of the RSA are being relied on to authorise the construction of the road and describe any conditions that must be met to exercise those powers. Each order usually contains a Schedule which details the proposals by reference to plans showing the proposals. The publication of the draft road orders and any associated environmental statement will be advertised in the press. The orders and environmental statement will be lodged at convenient locations for inspection.
Copies of the orders will also be sent to certain parties including affected landowners. Representations or objections can be made within the consultation period, lasting a minimum of six weeks. The dates of this period and the address to which representations or objections should be sent will be included in the press advertisement.
A public exhibition of the proposals may be held, depending on the location and content of the scheme. This will usually take place at the time as the publication of draft orders, but may be held at other times according to individual circumstances.