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

PART II Designation of roads with special engineering difficulties and traffic sensitive roads

6.  Before making a designation of a road either as a road with special engineering difficulties or as a traffic sensitive road the road works authority shall give notice of its proposal specifying a time, not less than one month, within which objections may be made, to–

(a) every undertaker which the authority know to have apparatus in any road to which the proposed designation refers or which has given notice under section 113 of their intention to execute road works in the road;

(b) every local authority (other than the road works authority) in whose area any road to which the proposed designation relates is situated; and

(c) any person who has requested the road works authority in writing to be given notice of a proposed designation.

7.  If within the specified period no objection is received by the road works authority, or if all objections have been withdrawn, that authority may make the designation.

8.  If within that period an objection is received by the road works authority from any person on whom notice is required to be served under paragraph 6 or from any other person appearing to the road works authority to be affected by the proposed designation and the objection is not withdrawn the road works authority shall before making the designation consider the objection and may make the designation, with or without modifications, or may decide not to make the designation, as they think fit.