§ 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.