Search Legislation

Transport (Scotland) Act 2019

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Commencement and completion notices

 Help about opening options

Alternative versions:

Status:

This version of this cross heading contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Transport (Scotland) Act 2019, Cross Heading: Commencement and completion notices. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

Commencement and completion noticesS

117Commencement and completion noticesS

(1)The New Roads and Street Works Act 1991 is amended as follows.

(2)In section 112B (duty to enter information in the Scottish Road Works Register)—

(a)after subsection (2) insert—

(2A)On the completion of works of the kind referred to in subsection (2), the road works authority must, within such period as may be prescribed, enter in the SRWR such information about their completion (including the date on which the works were completed) as may be prescribed.,

(b)after subsection (5) insert—

(5A)Where a road works authority, a local roads authority or the Scottish Ministers—

(a)are under a duty to enter in the SRWR the prescribed information about proposed works under this section, and

(b)have begun to execute the works,

they must, within such period as may be prescribed, enter in the SRWR the date on and time at which the works began and any further prescribed information.,

(c)in subsection (6)—

(i)after “shall” insert “ , within such period as may be prescribed, ”,

(ii)after “completion” where it second occurs insert “ (including the date on which the works were completed) ”,

(d)after subsection (8) insert—

(9)For the purposes of subsections (2A), (5A) and (6), different periods of notice may be prescribed for different descriptions of works..

(3)After section 114 insert—

114ANotice confirming start of works

(1)This section applies where an undertaker—

(a)is under a duty to give notice of the undertaker's intention to begin to execute road works under section 114(1), and

(b)has begun to execute the works.

(2)The undertaker must, within such period as may be prescribed, give notice of the date on and time at which the works began.

(3)Different periods of notice may be prescribed for different descriptions of works or in cases where the undertaker has been given notice under section 117(1).

(4)Cases may be prescribed in which no notice is required under subsection (2).

(5)For the purposes of subsection (2), an undertaker gives notice by—

(a)giving notice to any person or authority to whom notice is required to be given under section 114(3A),

(b)entering in the SRWR a copy of the notice.

(6)An undertaker who, in contravention of subsection (2), fails to give notice commits an offence.

(7)A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8)In proceedings against a person for an offence under this section, it is a defence for the person to show that the contravention was attributable—

(a)to the person not knowing the position, or not knowing of the existence, of another person's apparatus, or

(b)to the person not knowing the identity or address of—

(i)a relevant authority, or

(ii)the person to whom any apparatus belongs,

and that the person's ignorance was not due to any negligence on the person's part or to any failure to make inquiries which the person ought reasonably to have made..

(4)In section 129 (duty of undertaker to reinstate)—

(a)in subsection (3), for the words from “before” to “completed” substitute “ within such period after the reinstatement is completed as may be prescribed ”,

(b)in subsection (4), after “so” insert “ within such period as may be prescribed ”,

(c)after subsection (5A) insert—

(5B)For the purposes of subsections (3) and (4), different periods of notice may be prescribed for different descriptions of works..

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government 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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources