The Road Works (Scottish Road Works Register, Notices, Directions and Designations) (Scotland) Regulations 2008

Interpretation

2.—(1) In these Regulations–

“the Act” means the New Roads and Street Works Act 1991;

“day” means a working day;

“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000 (general interpretation)(1);

“major works” means–

(a)

road works by an undertaker (other than minor works)–

(i)

which have been identified specifically in the undertaker’s annual operating programme or which, if not specifically identified in that programme, are normally planned at least six months in advance of work commencing;

(ii)

where an order is required under section 14 of the Road Traffic Regulation Act 1984 (temporary prohibition or restriction on roads)(2) for any works other than emergency works;

(iii)

other than emergency works and urgent works, in a multi-lane road that is a traffic-sensitive road where one or more lanes are closed to enable the works to take place; or

(iv)

other than emergency works and urgent works, which have a duration in excess of 10 days and for which traffic control is required for 3 or more of those days in accordance with the Code of Practice “Safety at Street Works and Road Works” 2001(3); and

(b)

works for road purposes by a road works authority (other than minor works)–

(i)

which have been identified specifically in a roads authority’s annual operating programme or which, if not specifically identified in that programme, are normally planned at least 6 months in advance of work commencing;

(ii)

where an order is required under section 14 of the Road Traffic Regulation Act 1984 for any works other than emergency works;

(iii)

other than emergency works and urgent works, in a multi-lane road that is a traffic-sensitive road where one or more lanes are closed to enable the works to take place; or

(iv)

other than emergency works and urgent works, which have a duration in excess of 10 days and for which traffic control is required for 3 or more of those days in accordance with the Code of Practice “Safety at Street Works and Road Works” 2001;

“minor works” means–

(a)

road works by an undertaker (not being emergency works or urgent works) whether in the footway, verge or carriageway, which are of a planned duration of not more than 3 days, do not form part of a rolling programme and do not involve at any one time more than 30 metres of works or 20 square metres of reinstatement, or leave less than the minimum width of carriageway necessary for one way traffic in accordance with the Code of Practice “Safety at Street Works and Road Works” 2001; and

(b)

works for roads purposes by a road works authority (not being emergency works or urgent works) whether in the footway, verge or carriageway, which are of a planned duration of not more than 3 days, do not form part of a rolling programme and do not involve at any one time more than 30 metres of works or 20 square metres of reinstatement or leave less than the minimum width of carriageway necessary for one way traffic in accordance with the Code of Practice “Safety at Street Works and Road Works” 2001;

“month” means a calendar month;

“responsible authority”, other than in regulation 14 where it has the same meaning as in section 149(4) (provisions as to reinstatement of sewers, drains or tunnels), means the local or national authority that has current responsibility for naming or numbering a road, identified by an authority code allocated by the Office for National Statistics;

“statutory undertaker” means an undertaker who is entitled to carry out road works by virtue of a statutory right;

“standard works” means–

(a)

road works by an undertaker; and

(b)

works for road purposes by a road works authority,

which are not emergency works, urgent works, minor works or major works;

“traffic control” means any of the 5 methods of controlling traffic detailed in the Code of Practice “Safety at Street Works and Road Works” 2001;

“traffic sensitive road” means a road designated by a road works authority as traffic sensitive pursuant to section 123 (traffic-sensitive roads) and in a case where a limited designation is made pursuant to section 123(3) any reference to works in a traffic sensitive road shall be construed as a reference to works to be executed at the times and dates specified in such a designation;

“unique street reference number” means the reference number uniquely identifying a road allocated by a responsible authority compiling a street gazetteer compliant with the publication issued by the British Standards Institution on 15th June 1993 entitled “Spatial data – sets for geographic referencing” under reference No. BS 7666, which shall not be changed if the responsibility changes from one authority to another;

“unit of inspection” has the same meaning as in regulation 3(3) (inspection fees) of the Road Works (Inspection Fees) (Scotland) Regulations 2003(4); and

“urgent works” means–

(a)

road works by an undertaker (not being emergency works) whose execution at the time they are executed is required (or which the person responsible for the works believes on reasonable grounds to be required)–

(i)

to prevent or put an end to an unplanned interruption of any supply or service provided by the undertaker;

(ii)

to avoid substantial loss to the undertaker in relation to an existing service; or

(iii)

to reconnect supplies or services where the undertaker would be under a civil or criminal liability if the reconnection is delayed until after the expiration of the appropriate notice period,

and include works which cannot reasonably be severed from such works; and

(b)

works for road purposes by a road works authority (not being emergency works) whose execution at the time they are executed is required (or which the person responsible for the works believes on reasonable grounds to be required) to prevent or put an end to an unplanned obstruction of any part of the road and includes works which cannot reasonably be severed from such works.

(2) Unless otherwise provided a reference in these Regulations to a numbered section is a reference to the section bearing that number in the Act.

(3) References in these Regulations to–

(a) the Code of Practice “Safety at Street Works and Road Works” 2001;

(b) the publication issued by the British Standards Institution on 15th June 1993 entitled “Spatial data – sets for geographic referencing” under reference No. BS 7666; and

(c) the Specification for the Reinstatement of Openings in Roads (October 2003)(5),

operate as references to those documents as revised or re issued from time to time.

(1)

2000 c. 7. Section 15(1) was amended by the Communications Act 2003 (c. 21), section 406(1) and Schedule 17, paragraph 158.

(2)

1984 c. 27.

(3)

ISBN: 011 551 9580. Published by the Department for Transport, the Scottish Executive and the Welsh Assembly under section 124(3) of the Act.

(4)

S.S.I. 2003/415; to which there are amendments not relevant to these Regulations.

(5)

ISBN: 07559 09739. Published by the Scottish Executive and is available in electronic form at http://www.scotland.gov.uk and in paper form from Blackwell’s Bookshop, 53 South Bridge, Edinburgh EH1 1YS.