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(1)Subsection (3) of section 119 of the 1991 Act (which subsection makes it an offence for an undertaker executing road works to fail to use best endeavours to co-operate with the road works authority and other undertakers) is repealed.
(2)After that section (which requires undertakers to co-operate with road works authorities and others in the execution of road works) there is inserted—
(1)The Scottish Ministers may, by regulations, make provision for or in connection with—
(a)the imposition by the Commissioner of penalties on road works authorities and undertakers who fail to comply with duties imposed on them by sections 118 and 119 respectively,
(b)the payment of such penalties.
(2)The regulations may include provision for or in connection with—
(a)the notification and enforcement of penalties,
(b)the level of penalties,
(c)appeals against the imposition of penalties including the appointment of persons to hear and determine such appeals.”.
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