- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)Section 119 of the 1991 Act (undertakers' duty to co-operate) is amended in accordance with subsections (2) to (4) below.
(2)After subsection (1) there is inserted—
“(1A)In discharging the duty under this section, an undertaker shall have regard to all information in the SRWR about matters which might affect, or be affected by, works being or proposed to be carried out by the undertaker.
(1B)An undertaker shall, so as to maximise the utility of that information for the purposes of subsection (1A)—
(a)assist the Commissioner in complying with the duty imposed by subsection (1) of section 112A (as read with subsection (2) of that section), and
(b)keep that information under surveillance.
(1C)In subsections (1A) and (1B), “undertaker” does not include a person having permission under section 109 to execute road works.”.
(3)After subsection (2) there is inserted—
“(2A)In discharging the duties imposed by subsections (1) to (1B), an undertaker shall—
(a)comply with any direction in that respect given to the undertaker by the Commissioner, and
(b)have regard to such guidance as is contained in the practice referred to in section 17(4)(b) of the Transport (Scotland) Act 2005 (asp 12),
and paragraphs (a) and (b) of subsection (2) shall apply in relation to any such direction as they apply in relation to the code of practice referred to in that subsection.
(2B)If it appears to the Commissioner that an undertaker is not properly complying with his duty under subsection (1), he may direct the undertaker 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.”.
(4)After subsection (3) there is inserted—
“(4)A direction under this section may be varied or revoked by a further direction.”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: