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Transport (Scotland) Act 2005

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31Resurfacing: regulations and guidanceS

This section has no associated Explanatory Notes

After section 132C of the 1991 Act (as inserted by section 30 above) there is inserted—

132DResurfacing: regulations

(1)The Scottish Ministers shall make regulations supplementing sections 132A to 132C.

(2)The regulations may, in particular—

(a)make provision about the information to be contained in a resurfacing notice (including the way in which resurfacing works are to be described),

(b)prescribe, for cases where a resurfacing notice may be served on more than one undertaker, the matters that a road works authority shall take into account when selecting the undertaker to be served with the notice,

(c)impose a requirement on an undertaker, in prescribed circumstances, to give notice to the road works authority of a prescribed event,

(d)prescribe circumstances in which an undertaker is entitled to pay a sum to the road works authority instead of executing the works specified in a resurfacing notice, and make provision about the manner in which such sums are to be calculated,

(e)confer a right of review or appeal against a resurfacing notice or any requirement contained in it, and make provision about the period within which and manner in which any such right may be exercised and about the determination of appeals and the persons who may determine them,

(f)require disputes of a prescribed description (including disputes as to the existence of circumstances prescribed under section 132A(1)) to be determined in such manner and by such persons as may be prescribed,

(g)apply, with or without modifications, any provisions of this Part or of the Roads (Scotland) Act 1984 (c. 54) in relation to works specified in a resurfacing notice (and provide that for those purposes the works are to be treated as road works or works of any other description).

(3)The regulations may create, in respect of any breach of a requirement imposed by a resurfacing notice or of a duty imposed by section 132C, or any contravention of the regulations, an offence punishable on summary conviction—

(a)where the offence consists of a failure to give a notice in accordance with the regulations, with a fine not exceeding level 4 on the standard scale,

(b)in any other case, with a fine not exceeding level 5 on the standard scale.

(4)The first regulations for the purposes of each of this section and sections 132A to 132C shall not be made unless a draft of them has been laid before and approved by a resolution of the Scottish Parliament; subsequent regulations shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

132EResurfacing: guidance

(1)The Scottish Ministers shall, for the purposes of sections 132A to 132D (including regulations under those sections), issue or approve a code of practice giving practical guidance as to the exercise of powers and the discharge of duties under those sections.

(2)In exercising those powers and in discharging those duties, road works authorities and undertakers shall have regard to the code of practice..

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