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Transport (Scotland) Act 2005

Section 31 Resurfacing: regulations and guidance

89.New section 132D to the 1991 Act makes provision for detailed regulations on resurfacing, covering the following areas:

  • information to be provided in a resurfacing notice;

  • the decision making process which a road works authority should follow where more than one undertaker has been working on the same area of road, but only one will be served with notice to complete resurfacing;

  • requirements for an undertaker to give notice of any additional events in relation to resurfacing;

  • circumstances when undertakers can pay a road works authority to complete the resurfacing itself, rather than the undertaker complete it directly; and

  • appeal mechanisms and dispute resolution.

90.The Scottish Ministers are placed under a duty to consult any relevant association of undertakers prior to the making of regulations under section 132D.

91.New section 132E to the 1991 Act makes provision for detailed guidance (in the form of a code of practice) on resurfacing which road works authorities and undertakers must follow in discharging their respective duties under this part of the 1991 Act.

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