Office of Public Sector Information
(1) In this Part a “road” means any way (other than a substitute road made under section 74(1) of the [1984 c. 54.] Roads (Scotland) Act 1984 or a waterway) whether or not there is over it a public right of passage and whether or not it is for the time being formed as a way; and the expression includes a square or court, and any part of a road.
(2) Where a road passes over a bridge or through a tunnel, references in this Part to the road include that bridge or tunnel.
(3) In this Part “road works” means works for any purposes other than roads purposes, being works of any of the following kinds executed in a road in pursuance of a statutory right or with permission granted under section 109—
(a) placing apparatus, or
(b) inspecting, maintaining, adjusting, repairing, altering or renewing apparatus, changing the position of apparatus or removing it,
or works required for or incidental to any such works (including, in particular, breaking up or opening the road, or any sewer, drain or tunnel under it, or tunnelling or boring under the road).
(4) In this Part “undertaker” in relation to road works means the person by whom the relevant statutory right is exercisable (in the capacity in which it is exercisable by him) or a person having permission under section 109 to execute road works, as the case may be.
(5) References in this Part to the undertaker in relation to apparatus in a road are to the person entitled, by virtue of a statutory right or a permission granted under section 109, to carry out in relation to the apparatus such works as are mentioned in subsection (3); and references to an undertaker having apparatus in the road, or to the undertaker to whom apparatus belongs, shall be construed accordingly.
(1) In this Part “the road works authority” in relation to a road means, subject to the following provisions—
(a) if the road is a public road, the roads authority, and
(b) if the road is not a public road, the road managers.
(2) In the case of a road for which the Secretary of State is the roads authority but in relation to which a local roads authority acts as his agent under section 4 of the Roads (Scotland) Act 1984, the local roads authority shall be regarded as the road works authority for the purposes of section 112 (the road works register) and sections 113 to 119 (advance notice and co-ordination of works).
(3) Subsection (1)(b) has effect subject to section 146 as regards the application of this Part to prospective public roads.
(4) In this Part the expression “road managers”, used in relation to a road which is not a public road, means the authority, body or person liable to the public to maintain or repair the road or, if there is none, any authority, body or person having the management or control of the road.
(5) The Secretary of State may by regulations make provision for exempting road managers from provisions of this Part which would otherwise apply to them as the road works authority in relation to a road.
(6) References in this Part to the relevant authorities in relation to any road works are to the roads authority and also—
(a) where the works include the breaking up or opening in the road of a sewer vested in the local authority, that local authority;
(b) where the road is carried or crossed by a bridge vested in a transport authority, or crosses or is crossed by any other property held or used for the purposes of a transport authority, that authority; and
(c) where in any other case the road, not being a public road, is carried or crossed by a bridge, the bridge authority.
(1) A road works authority may grant permission in writing, subject to such reasonable conditions as they consider appropriate, to persons to whom this section applies—
(a) to place, or to retain, apparatus in a road, and
(b) thereafter to inspect, maintain, adjust, repair, alter or renew the apparatus, change its position or remove it,
and to execute for those purposes any works required for or incidental to such works (including, in particular, breaking up or opening the road, or any sewer, drain or tunnel under it, or tunnelling or boring under the road).
(2) A person to whom permission has been granted under this section to execute works may do so without obtaining any consent which would otherwise be required to be given—
(a) by any other relevant authority in its capacity as such, or
(b) by any person in his capacity as the owner of apparatus affected by the works;
but without prejudice to the provisions of this Part as to the making of requirements by any such authority or person or as to the settlement of a plan and section and the execution of the works in accordance with them.
(3) The granting of permission under this section to a person does not dispense that person from obtaining any other consent, licence or permission which may be required; and it does not authorise the installation of apparatus for the use of which the licence of the Secretary of State is required unless and until that licence has been granted.
(4) This section applies to persons who are described in one or more of the following paragraphs—
(a) persons of a prescribed class,
(b) persons carrying out works of a prescribed class,
(c) persons carrying out works in a prescribed area.
(5) The conditions referred to in subsection (1) may include conditions as to—
(a) the payment of fees,
(b) the future cessation or withdrawal of the permission, and
(c) indemnification of the authority against claims arising out of what is permitted.
(6) Before granting permission under this section the road works authority shall give not less than 10 working days' notice to each of the following—
(a) where the works are likely to affect a sewer vested in a local authority, to that authority,
(b) where the works are to be executed in a part of a road which is carried or crossed by a bridge vested in a transport authority, or crosses or is crossed by any other property held or used for the purposes of a transport authority, to that authority,
(c) where in any other case the part of the road in which the works are to be executed is carried or crossed by a bridge, to the bridge authority,
(d) to any person who has given notice under section 113 (advance notice of certain works) of his intention to execute road works which are likely to be affected by the works to which the permission relates, and
(e) to any person having apparatus in the road which is likely to be affected by the works;
but a failure to do so does not affect the validity of the permission.
(7) Where permission has been granted under section 61 of the [1984 c. 54.] Roads (Scotland) Act 1984 in respect of apparatus and the road works authority consider that permission could be granted under this section in respect of that apparatus, they may cancel the permission granted under section 61 of the 1984 Act and, if they cancel that permission, they shall substitute for it permission granted in accordance with subsection (1) above.
(8) The works referred to in subsection (1) above do not include works for road purposes.
(1) It is an offence for a person other than the road works authority—
(a) to place apparatus in a road, or
(b) to break up or open a road, or a sewer, drain or tunnel under it, or to tunnel or bore under a road, for the purpose of placing, inspecting, maintaining, adjusting, repairing, altering or renewing apparatus, or of changing the position of apparatus or removing it,
otherwise than in pursuance of a statutory right or in accordance with a permission granted under section 109.
(2) A person committing an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) This section does not apply to—
(a) works for which consent or permission has been given under the Roads (Scotland) Act 1984 by a roads authority,
(b) works for road purposes, or
(c) emergency works of any description.
(4) If a person commits an offence under this section, the road works authority may—
(a) in the case of an offence under subsection (1)(a), direct him to remove the apparatus in respect of which the offence was committed, and
(b) in any case, direct him to take such steps as appear to them necessary to reinstate the road or any sewer, drain or tunnel under it.
If he fails to comply with the direction, the authority may remove the apparatus or, as the case may be, carry out the necessary works and recover from him the costs reasonably incurred by them in doing so.
(1) In this Part “emergency works” means works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property.
(2) Where works comprise items some of which fall within the preceding definition, the expression “emergency works” shall be taken to include such of the items as do not fall within that definition as cannot reasonably be severed from those that do.
(3) Where in any civil or criminal proceedings brought by virtue of any provision of this Part the question arises whether works were emergency works, it is for the person alleging that they were to prove it.
(1) A road works authority shall keep a register showing with respect to each road for which they are responsible such information as may be prescribed with respect to the road works, and such other descriptions of works as may be prescribed, executed or proposed to be executed in the road.
(2) The register shall contain such other information, and shall be kept in such form and manner, as may be prescribed.
(3) The authority shall make the register available for inspection, at all reasonable hours and free of charge—
(a) so far as it relates to restricted information, by any person having authority to execute works of any description in the road, or otherwise appearing to the authority to have a sufficient interest, and
(b) so far as it relates to information which is not restricted, by any person.
The Secretary of State may make provision by regulations as to the information which is restricted for the purposes of this subsection.
(4) The Secretary of State may make arrangements for the duties of road works authorities under this section to be discharged by means of one or more central registers kept by a person appointed in pursuance of the arrangements.
(5) If such arrangements are made the Secretary of State may require road works authorities to participate in and make contributions towards the cost of the arrangements.
(6) The Secretary of State may by regulations make provision with respect to any register kept in pursuance of this section—
(a) requiring the registration of such information as may be prescribed, and
(b) requiring the payment of such fee as may be prescribed in respect of the registration of information of any prescribed description;
and the regulations may contain provision as to the person responsible for securing the registration of the information and the person liable to pay the fee.
(1) In such cases as may be prescribed an undertaker proposing to execute road works shall give the prescribed advance notice of the works to the road works authority.
(2) Different periods of notice may be prescribed for different descriptions of works.
(3) The notice shall contain such information as may be prescribed.
(4) After giving advance notice under this section an undertaker shall comply with such requirements as may be prescribed, or imposed by the road works authority, as to the providing of information and other procedural steps to be taken for the purpose of co-ordinating the proposed works with other works of any description proposed to be executed in the road.
(5) An undertaker who fails to comply with his duties under this section commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) An undertaker proposing to begin to execute road works involving—
(a) breaking up or opening the road, or any sewer, drain or tunnel under it, or
(b) tunnelling or boring under the road,
shall give not less than 7 working days' notice (or such other notice as may be prescribed) to the road works authority, to any other relevant authority and to any other person having apparatus in the road which is likely to be affected by the works.
(2) Different periods of notice may be prescribed for different descriptions of works, and cases may be prescribed in which no notice is required.
(3) The notice shall state the date on which it is proposed to begin the works and shall contain such other information as may be prescribed.
(4) Where notice is required to be given under this section, the works shall not be begun without notice or before the end of the notice period, except with the consent of those to whom notice is required to be given.
(5) An undertaker who begins to execute any works in contravention of this section commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6) In proceedings against a person for such an offence it is a defence for him to show that the contravention was attributable—
(a) to his not knowing the position, or not knowing of the existence, of another person’s apparatus, or
(b) to his not knowing the identity or address of—
(i) a relevant authority, or
(ii) the person to whom any apparatus belongs,
and that his ignorance was not due to any negligence on his part or to any failure to make inquiries which he ought reasonably to have made.
(7) A notice under this section shall cease to have effect if the works to which it relates are not substantially begun before the end of the period of seven working days (or such other period as may be prescribed) beginning with the starting date specified in the notice, or such further period as may be allowed by those to whom notice is required to be given.
(1) If it appears to the road works authority—
(a) that proposed road works are likely to cause serious disruption to traffic, and
(b) that the disruption would be avoided or reduced if the works were carried out only at certain times,
the authority may give the undertaker such directions as may be appropriate as to the times when the works may or may not be carried out.
(2) The procedure for giving a direction shall be prescribed by the Secretary of State.
(3) An undertaker who executes works in contravention of a direction under this section commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4) The Secretary of State may issue or approve for the purpose of this section a code of practice giving practical guidance as to the exercise by road works authorities of the power conferred by this section; and in exercising that power a road works authority shall have regard to the code of practice.
(1) Nothing in section 113 (advance notice), section 114 (notice of starting date) or section 115 (directions as to timing of works) affects the right of an undertaker to execute emergency works.
(2) An undertaker executing emergency works shall, if the works are of a kind in respect of which notice is required by section 114, give notice as soon as reasonably practicable, and in any event within two hours (or such other period as may be prescribed) of the works being begun, to the persons to whom notice would be required to be given under that section.
(3) The notice shall state his intention or, as the case may be, the fact that he has begun to execute the works and shall contain such other information as may be prescribed.
(4) An undertaker who fails to give notice in accordance with this section commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) In proceedings against a person for such an offence it is a defence for him to show that the contravention was attributable—
(a) to his not knowing the position, or not knowing of the existence, of another person’s apparatus, or
(b) to his not knowing the identity or address of—
(i) a relevant authority, or
(ii) the person to whom any apparatus belongs,
and that his ignorance was not due to any negligence on his part or to any failure to make inquiries which he ought reasonably to have made.
(1) Where it is proposed to carry out substantial works in a road, the road works authority may by notice in accordance with this section restrict the execution of road works during the twelve months following the completion of those works.
For this purpose substantial works means works for road purposes, or such works together with other works, of such description as may be prescribed.
(2) The notice shall be published in the prescribed manner and shall specify the nature and location of the proposed works, the date (not being less than three months after the notice is published, or first published) on which it is proposed to begin the works, and the extent of the restriction.
(3) A copy of the notice shall be given to each of the following—
(a) where there is a sewer vested in a local authority in the part of the road to which the restriction relates, to that authority;
(b) where the part of the road to which the restriction relates is carried or crossed by a bridge vested in a transport authority, or crosses or is crossed by any other property held or used for the purposes of a transport authority, to that authority,
(c) where in any other case the part of the road to which the restriction relates is carried or crossed by a bridge, to the bridge authority,
(d) any person who has given notice under section 113 (advance notice of certain works) of his intention to execute road works in the part of the road to which the restriction relates, and
(e) any other person having apparatus in the part of the road to which the restriction relates;
but a failure to do so does not affect the validity of the restriction imposed by the notice.
(4) A notice ceases to be effective if the works to which it relates are not substantially begun—
(a) on or within one month from the date specified in the notice, or
(b) where road works are in progress in the part of the road to which the restriction relates on that date, within one month from the completion of those works.
(5) An undertaker shall not in contravention of a restriction imposed by a notice under this section break up or open the part of the road to which the restriction relates, except—
(a) to execute emergency works,
(b) with the consent of the road works authority, or
(c) in such other cases as may be prescribed.
(6) If he does—
(a) he commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale, and
(b) he is liable to reimburse the road works authority any costs reasonably incurred by them in reinstating the road.
(7) The consent of the road works authority under subsection (5)(b) shall not be unreasonably withheld; and any question whether the withholding of consent is unreasonable shall be settled by arbitration.
(8) An undertaker shall be taken not to have failed to fulfil any statutory duty to afford a supply or service if, or to the extent that, his failure is attributable to a restriction imposed by a notice under this section.
(1) A road works authority shall use their best endeavours to co-ordinate the execution of works of all kinds (including works for road purposes) in the roads for which they are responsible—
(a) in the interests of safety,
(b) to minimise the inconvenience to persons using the road (having regard, in particular, to the needs of people with a disability), and
(c) to protect the structure of the road and the integrity of apparatus in it.
(2) That duty extends to co-ordination with other road works authorities where works in a road for which one authority are responsible affect roads for which other authorities are responsible.
(3) The Secretary of State shall issue or approve for the purposes of this section codes of practice giving practical guidance as to the matters mentioned above; and in discharging their general duty of co-ordination a road works authority shall have regard to any such code of practice.
(4) If it appears to the Secretary of State that a road works authority are not properly discharging their general duty of co-ordination, he may direct the authority to supply him with such information as he considers necessary to enable him to decide whether that is the case and if so what action to take.
The direction shall specify the information to be provided and the period within which it is to be provided.
(5) If after the end of that period (whether or not the direction has been complied with) it appears to the Secretary of State that the authority are not properly discharging their general duty of co-ordination, he may direct the authority to take such steps as he considers appropriate for the purpose of discharging that duty.
The direction shall specify the steps to be taken and the period within which they are to be taken, and may include a requirement to make a report or periodic reports to the Secretary of State as to what steps have been taken and the results of taking them.
(6) A direction under this section may be varied or revoked by a further direction.
(1) An undertaker shall as regards the execution of road works use his best endeavours to co-operate with the road works authority and with other undertakers—
(a) in the interests of safety,
(b) to minimise the inconvenience to persons using the road (having regard, in particular, to the needs of people with a disability), and
(c) to protect the structure of the road and the integrity of apparatus in it.
(2) The Secretary of State shall issue or approve for the purposes of this section codes of practice giving practical guidance as to the matters mentioned in subsection (1); and—
(a) so far as an undertaker complies with such a code of practice he shall be taken to comply with his duty under that subsection, and
(b) a failure in any respect to comply with any such code is evidence of failure in that respect to comply with that duty.
(3) An undertaker who fails to comply with his duty under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) The consent of the road works authority is required for the placing of apparatus by an undertaker in a protected road, except as mentioned below.
The following are “protected roads” for this purpose—
(a) any road or proposed road which is a special road in accordance with section 7 of the [1984 c. 54.] Roads (Scotland) Act 1984, and
(b) any road designated by the road works authority as protected.
(2) Consent is not required for the placing of apparatus—
(a) by way of renewal of existing apparatus, or
(b) in pursuance of a permission granted under section 109 of this Act (permission to execute road works) or section 61 of the [1984 c. 54.] Roads (Scotland) Act 1984 (permission to place and maintain apparatus under a road), except where the permission was granted before the road became a protected road.
(3) The road works authority may require the payment of—
(a) a reasonable fee in respect of the legal or other expenses incurred in connection with the giving of their consent under this section, and
(b) an annual fee of a reasonable amount for administering the consent;
and any such fee is recoverable from the undertaker.
This shall not be construed as affecting any right of the authority where they own the land on which the road is situated to grant, subject to such terms and conditions as they think fit, the right to place anything in, under or over the land.
(4) Where the apparatus is to be placed crossing the protected road and not running along it, the road works authority shall not withhold their consent unless there are special reasons for doing so.
(5) Consent to the placing of apparatus in a protected road may be given subject to conditions; and the road works authority may agree to contribute to the expenses incurred by the undertaker in complying with the conditions.
(6) Any dispute between a road works authority and an undertaker as to the withholding of consent, the imposition of conditions, or the making of contributions shall be settled by arbitration.
(7) An undertaker having a statutory duty to afford a supply or service shall not be regarded as in breach of that duty if, or to the extent that, it is not reasonably practicable to afford a supply or service by reason of anything done by the road works authority in exercise of their functions in relation to a protected road.
(1) The Secretary of State may prescribe—
(a) the criteria for designating a road as protected,
(b) the procedure for making or withdrawing such a designation, and
(c) the information to be made available by a road works authority as to the roads for the time being designated by them.
(2) Where a road has been designated as protected the road works authority may direct an undertaker to remove or change the position of apparatus placed in the road at a time when it was not so designated.
The authority shall indemnify the undertaker in respect of his reasonable expenses in complying with such a direction.
(3) Where a designation is withdrawn the road works authority may give such directions as they consider appropriate as to—
(a) the continuance in force of any conditions subject to which consent was given for the placing of apparatus in the road, and
(b) the continuance of entitlement to any contributions in respect of the expenses of an undertaker in complying with such conditions.
(4) Where a designation is made or withdrawn the road works authority may give such directions as they consider appropriate with respect to works in progress in the road when the designation comes into force or ceases to have effect.
(5) Any dispute between a road works authority and an undertaker as to the exercise by the authority of their powers under subsection (2), (3) or (4) shall be settled by arbitration.
(6) Where a road has been designated as protected, the roads authority shall indicate that it has been so designated in the list of public roads which they are obliged to maintain by virtue of section 1 or 2 of the [1984 c. 54.] Roads (Scotland) Act 1984.
(1) The provisions of Schedule 6 have effect for requiring the settlement of a plan and section of road works to be executed in a road designated by the road works authority as having special engineering difficulties.
(2) The Secretary of State may prescribe—
(a) the criteria for designating a road as having special engineering difficulties,
(b) the procedure for making or withdrawing such a designation, and
(c) the information to be made available by a road works authority as to the roads for the time being so designated by them.
(3) Where a local roads authority are asked to designate a road as having special engineering difficulties—
(a) by a transport authority on the ground of the proximity of the road to a structure belonging to, or under the management or control of, the authority, or
(b) by an undertaker having apparatus in the road,
and decline to do so, the transport authority or undertaker may appeal to the Secretary of State who may direct that the road be designated.
(4) The designation of a road as having special engineering difficulties shall not be withdrawn except after consultation with any transport authority or undertaker at whose request the designation was made; and a designation made in pursuance of a direction by the Secretary of State shall not be withdrawn except with his consent.
(5) Where a road has been designated as having special engineering difficulties, the roads authority shall indicate that it has been so designated in the list of public roads which they are obliged to maintain by virtue of section 1 or 2 of the Roads (Scotland) Act 1984.
(1) Regulations made for the purposes of section 113, 114 or 116 (notices required to be given in respect of road works) may make special provision in relation to road works in a road designated by the road works authority as traffic-sensitive.
(2) The Secretary of State may prescribe—
(a) the criteria for designating a road as traffic-sensitive,
(b) the procedure for making or withdrawing such a designation, and
(c) the information to be made available by a road works authority as to the roads for the time being so designated by them.
(3) If it appears to the road works authority that the prescribed criteria are met only at certain times or on certain dates, a limited designation may be made accordingly.
In such a case the reference in subsection (1) to the execution of works in a road designated as traffic-sensitive shall be construed as a reference to works so executed at those times or on those dates.
(4) Where a road has been designated as traffic-sensitive, the roads authority shall indicate that it has been so designated in the list of public roads which they are obliged to maintain by virtue of section 1 or 2 of the [1984 c. 54.] Roads (Scotland) Act 1984.
(1) An undertaker executing road works shall secure—
(a) that any part of the road which is broken up or open, or is obstructed by plant or materials used or deposited in connection with the works, is adequately guarded and lit, and
(b) that such traffic signs are placed and maintained, and where necessary operated, as are reasonably required for the guidance or direction of persons using the road, and in accordance with section 120 of the Roads (Scotland) Act 1984 (duty to have regard to the needs of people with a disability).
New Roads and Street Works Act 1991