ABSTRACT
In Scotland, however, not merely is the language of the law different from that employed in the remainder of the United Kingdom in a number of respects, but there are also substantive differences in the law itself, and in practice and procedure. This chapter examines the differences in labelling and in substance. In Scotland, a 'road' is defined as a public road, and the further explanation in paragraph 108(1) by reference to the meaning in Part 4 of the New Roads and Street Works Act 1991; while in England and Wales, 'street' receives its definition from paragraphs 57(b) and 108(1) by reference to the New Roads and Street Works Act 1991. Since the Landlord and Tenant Act 1954 does not apply in Scotland, termination of leases conferring code rights is always governed by Part 5 of the New Code.
