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Transport (Scotland) Act 2019

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PART 2Road works

Roads (Scotland) Act 1984

5(1)The Roads (Scotland) Act 1984 is amended as follows.

(2)In section 56(1) (control of works and excavations)—

(a)the words “Subject to section 61 of this Act and” are repealed,

(b)the word “other” is repealed.

(3)In section 57 (dangerous works)—

(a)in subsection (2), the words “or 61” are repealed,

(b)in subsection (3), the words “or 61(1)” are repealed,

(c)in subsection (4), for “sections 56 and 61” substitute “section 56”.

(4)In section 61A (charge for occupation of road), in subsection (2), the entry for section 61 is repealed.

New Roads and Street Works Act 1991

6(1)The New Roads and Street Works Act 1991 is amended as follows.

(2)In section 112B (duty to enter certain information in the Scottish Road Works Register), in subsection (7), paragraph (d) is repealed.

(3)In section 117 (restrictions on works following substantial road works), in subsection (1), for the words from “during” to the end of the first sentence, substitute “for such period following the completion of those works as may be prescribed.”.

(4)In section 118 (general duty of road works authority to co-ordinate works), subsection (5) is repealed.

(5)In section 119 (general duty of undertakers to co-operate), in subsection (2A)—

(a)paragraph (a), together with the “and” immediately following it, is repealed, and

(b)the closing words are repealed.

(6)In section 120 (protected roads), in subsection (2)(b), the words “or section 61 of the Roads (Scotland) Act 1984 (permission to place and maintain apparatus under a road)” are repealed.

(7)Sections 132A to 132E and section 137A are repealed.

(8)In section 155 (recovery of costs or expenses), in subsection (3), the words “or 137A (contributions to costs of resurfacing by undertakers)” are repealed.

(9)In section 161(6) (effect of Part IV on other enactments or instruments), the words “Except as mentioned in section 138(6),” are repealed.

(10)In section 165 (index of defined expressions), after the entry for “the Commissioner”, insert—

compliance noticesection 153A(2)
compliance periodsection 153C(1)(d).

Transport (Scotland) Act 2005

7(1)The Transport (Scotland) Act 2005 is amended as follows.

(2)In section 22(1), paragraph (a) is repealed.

(3)Sections 30, 31 and 32 are repealed.

(4)In section 53 (interpretation), in subsection (2)—

(a)before the definition of “the Commissioner”, insert—

  • “authorised person” has the meaning given in section 18A(1),,

(b)after the definition of “the Commissioner”, insert—

  • “the 1984 Act” means the Roads (Scotland) Act 1984,.

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