Roads
Roads
Roads outwith the burghs in Scotland were first maintained by justices of the peace from 1617 and then jointly with commissioners of supply from 1686, with the work provided through statute labour.[1]
During the 18th century landowners obtained local acts of parliament either to commute this personal labour into assessments or to set up turnpike road trusts, which were funded by the collection of tolls. The Turnpike Roads (Scotland) Act 1831 standardised the powers and functions of turnpike trusts while the Highways etc (Scotland) Act, 1845, permitted a system of assessment without the need for a private act.[2]
In highland counties, following the 1715 Jacobite rebellion, many roads were built and maintained by the military. In 1803 the Commissioners for Highland Roads and Bridges were set up and granted funds for constructing and maintaining these roads and bridges, but half of the cost was to come from the relevant county.[3] In 1819 additional commissioners were appointed and provision made for an annual grant and in 1823 the commissioners were enabled to erect toll bars and levy assessments.[4] Further legislation extended and altered the commissioners’ roles. Separate arrangements were made for Argyllshire in 1843 where roads were placed under the superintendence of district road trustees; and for Caithness in 1860 where roads became the responsibilities of county road trustees.[5] In 1862 the commissioners were abolished and their responsibilities were transferred to commissioners of supply in the remaining highland counties.[6]
By the mid-19th century, there were statute labour trustees, commissioners of supply, turnpike trusts, justices of the peace and commissioners for highland roads and bridges all having some responsibility for roads outwith the burghs. The inconvenience of this system led several counties to obtain local acts for the abolition of turnpike trusts and statute labour assessments, in favour of a single county road trust, which would then be responsible for all public roads in the landward area.[7] In 1859 the Royal Commission on Public Roads in Scotland reported on the management of roads, commenting on the inconvenience and expense of multiple acts of parliament for short sections of roads and conflicting interest of different trusts and recommended replacing these with a county road board.[8] This report led to new legislation.
The Roads and Bridges (Scotland) Act 1878 abolished statute labour trusts and assessments and placed the turnpike roads, statute labour roads, highways and bridges under the control of one road trust for the landward area of each county, made up of commissioners of supply and some elected members.[9] Tolls and statute labour assessments were abolished in favour of a uniform rate on landowners. County road trustees were abolished by the Local Government (Scotland) Act 1889 and their duties were transferred to county councils.[10]
The 1878 Act was not compulsory in counties which had already set up a roads trust and abolished turnpikes and statute labour (Aberdeen, Argyll, Banff, Caithness, Elgin, Kirkcudbright, Nairn, Peebles, Ross and Cromarty, Wigtown and Zetland). In these 11 counties the adoption of the 1878 Act did not take place until 1890, when the function was transferred to the local county council.[11] There were special provisions for roads purposes in the detached portion of Dunbartonshire and at the boundaries of Aberdeen, Banff and Elgin.[12]
Police burghs were given responsibility for paving and maintaining streets by the General Police and Improvement (Scotland) Act 1862. Turnpike and statute labour roads were excluded but all other roads within their area could come under their authority and they could adopt private roads. Burgh commissioners were also given the authority to name streets and number houses, improve streets and purchase land for new streets.[13]
In 1929 responsibilities for roads were removed from small burghs and transferred to county councils.[14] In 1947 all the functions of county road boards were vested in county councils.[15]
The Local Government (Scotland) Act 1973 transferred responsibility for roads and road safety to regional and island councils.[16] The Local Government etc (Scotland) Act 1994 transferred responsibility to the new unitary councils and enabled arrangements for bridges between two local authority areas, such as the Kincardine Bridge.[17]
Local authority archives services may hold records of turnpike trusts and statute labour trusts, lists of adopted roads, plans of roads and bridges, minutes of roads committees and other relevant records. National Records of Scotland hold various files relating to roads including Development Department files on roads and bridges (reference code DD4), grants for local roads (AF42), records of the Commissioners for Highland Roads and Bridges (MT3), some turnpike road trusts and statute labour trusts (CO).
Compiler: Elspeth Reid (2021)
Related Knowledge Base entries
Bibliography
Donnachie, Ian, ’Roads, 1800-1900’, in Scottish Life and Society: A Compendium of Scottish Ethnology: Transport and Communications, ed. by Kenneth Veitch (John Donald, 2009), pp. 314-38.
Fenton, Alexander and Geoffrey Stell, (eds.) Loads and Roads in Scotland and Beyond: Land Transport over 6000 Years, (John Donald, 1984)
McClure, David, Tolls and Tacksmen: Eighteenth Century Roads in the County of John Loudon McAdam (Ayrshire Archaeological and Natural History Society, 1994)
Taylor, William, The Military Roads in Scotland (David and Charles, 2002)
Walker, David M., ‘Roads. Bridges and Ferries’ in Source book and history of administrative law in Scotland ed. by M. R. McLarty (Hodge, 1956) pp. 210-12.
Whyte, W. E., Local Government in Scotland (Hodge & Co, 1936)
References
[1] Act regarding the justices for keeping of the king’s majesty’s peace and their constables, 1617. The Records of the Parliaments of Scotland to 1707,[RPS] ed. by K.M. Brown and others (University of St Andrews, 2007-2021), 1617/5/22. <http://rps.ac.uk/trans/1617/5/22 >; Act anent highways and bridges, 1686. RPS 1686/4/28 <http://rps.ac.uk/trans/1686/4/28> [accessed 19 October 2018].
[2] Turnpike Roads (Scotland) Act 1831 (1 & 2 Will. IV c.43); Highways, etc, (Scotland) Act 1845 (8 & 9 Vict. c.41).
[3] Scottish Highland Roads and Bridges Act 1803 (43 Geo. III c.80).
[4] Roads, Bridges and Regulation of Ferries (Scotland) 1819 (59 Geo. III c.135); Military and Parliamentary Roads and Bridges, and Ferry Piers and Shipping Quays Act 1823 (4 Geo. IV c.56).
[5] Argyllshire Roads, Bridges and Quays Act 1843 (6 & 7 Vict. c.xcvii); Caithness Roads Local Act 1860 (23 & 24 Vict. c.cci).
[6] Highland Roads and Bridges Act 1862 (25 & 26 Vict. c.105).
[7] Report of the Commissioners for inquiring into matters relating to public roads in Scotland (Murray & Gibb/HMSO, 1859).
[8] Ibid p. cci-ccv.
[9] Roads and Bridges (Scotland) Act 1878 (41 & 42 Vict. c.51).
[10] Local Government (Scotland) Act 1889 (52 & 53 Vict. c.50) s.11.
[11] Local Government (Scotland) Act 1889, (52 & 53 Vict. c.50) s.16.
[12] Local Government (Scotland) Act 1889, (52 & 53 Vict. c.50) ss.40-41.
[13] General Police and Improvement (Scotland) Act 1862 (25 & 26 Vict. c.101) ss.146-158.
[14] Local Government (Scotland) Act 1929 (19 & 20 Geo. V c.25) s.2(c).
[15] Local Government (Scotland) Act 1947 (10 & 11 Geo. VI c.43) s.312.
[16] Local Government (Scotland) Act 1973 (c.65) s.133.
[17] Local Government etc (Scotland) Act 1994 (c.39) ss.38-39.