HC Deb 23 February 1993 vol 219 c558W
Mr. Kirkwood

To ask the Secretary of State for Scotland if he will list the ways by which individuals may challenge, or seek to change, the status of a road which is held by the local roads authority to be a private road in terms of the the Roads (Scotland) Act 1984 in circumstances where there is evidence that the road in question should be a public road in terms of the 1984 Act.

Lord James Douglas-Hamilton

[holding answer 9 February 1993]: The procedures by which individuals may seek to change the status of a private road to a public road, for which a local roads authority would have responsibility, is set out in section 16 of the Roads (Scotland) Act 1984. Briefly this obliges the local roads authority to adopt a private road, on request, where the road is of a satisfactory standard in accordance with that authority's requirements. This section of the Act makes provision for any disputes to be determined by arbitration by a single arbiter, appointed in default of agreement by the sheriff on application by either party.

Additionally section 1(4) of the 1984 Act gives authorities a discretionary power to add roads to their list of public roads. An individual with sufficient title and interest in the matter may challenge the acts or omissions of a local roads authority in the discharge of its functions, with respect to the inclusion or exclusion of a road in its list of public roads, by means of an application to the Court of Session for judicial review.