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

Notice of starting date of works

7.—(1) Subject to regulation 5(2) and to paragraphs (4) and (5), for the purposes of section 114, an undertaker proposing to execute road works in a traffic sensitive road shall, for each of the categories of work specified in column (1) of the table below, give a period of notice in relation to that category not less than that shown in column (2) of that table(1).

TABLE

Category of works	Notice period
(1)	(2)
Urgent works.	2 hours.
Minor works not involving breaking up the road.	3 days.
Remedial works by an undertaker to a reinstatement not causing danger to users of the road.	3 days.

(2) Subject to regulation 5(2) and paragraphs (3) and (5), for the purposes of section 114, an undertaker proposing to execute road works in a road which is not a traffic sensitive road shall, for each of the categories of work specified in column (1) of the table below, give a period of notice in relation to that category not less than that shown in column (2) of that table(2).

TABLE

Category of works	Notice period
(1)	(2)
Urgent works.	As soon as reasonably practicable and in any event within 2 hours of the works being begun.
Minor works involving breaking up the road.	By noon on the day before the proposed start date.
Remedial works by an undertaker to a reinstatement not causing danger to the users of the road.	By noon on the day before the proposed start date.

(3) Where an undertaker proposes to execute road works in a road which is not a traffic-sensitive road no notice is required under section 114 in the case of–

(a) minor works not involving breaking up the road; or

(b) the replacement of poles, lamps, columns and signs, pole testing and similar works involving minimal breaking up the road.

(4) Where–

(a) notice has been given under section 117(1) (restriction on works following substantial works carried out for road purposes);

(b) the proposed works are such as to be exempted from any restriction imposed by virtue of that notice under any of the exceptions set out in section 117(5); and

(c) the works are not urgent works,

then for each of the periods of notice shown in column (2) of the table in paragraph (1) there shall be substituted 1 month.

(5) No notice is required to be given under section 114 by a statutory undertaker to any person to whom this paragraph applies, unless such a person has requested such a notice.

(6) Paragraph (5) applies to–

(a) any statutory undertaker having apparatus in a road which is likely to be affected by the works; and

(b) any person who would otherwise be entitled to such notice solely by virtue of that person having in the road part of a service pipe lying between the boundary of the road and the stopcock on such pipe in that road, or having a drain in that road.

(7) In paragraph (6) “drain”, “service pipe” and “stopcock” have the same meaning as in section 219 of the Water Industry Act 1991 (general interpretation)(3).

(8) For the purposes of section 114(7) the period at the end of which a notice shall cease to have effect in relation to any road works to which it relates shall be the same as the period of notice specified for that category of works in the appropriate table in paragraph (1) or paragraph (2) as the case may be.

(1)

The period specified in section 114(1) (not less than 7 working days' notice) continues to apply to those other categories of work not specified in column (1) of the table.

(2)

The period specified in section 114(1) (not less than 7 working days' notice) continues to apply to those other categories of work not specified in column (1) of the table unless regulation 7(3) applies.

(3)

1991 c. 56.