2.—(1) Subject to paragraph (3), any question or dispute to be settled under the provisions of the 1991 Act mentioned in paragraph (2) shall be settled by the Commissioner(1).
(2) Those provisions are–
(a)section 117(7) (consent to contravene restriction on works following substantial road works);
(b)section 120(6) (protected roads: consent etc as to placing of apparatus);
(c)section 121(5) (exercise of powers in relation to protected roads);
(d)section 133(2) (meaning of “reasonable period” for the purposes of charges for prolonged road works);
(e)section 143(3) (measures necessary where apparatus affected by major works);
(f)section 155(3) (disputes about costs and expenses); and
(g)in Schedule 6 (roads with special engineering difficulties), paragraphs 2(1) and 12(2).
(3) Where one of the parties to the question or dispute to be settled under the provisions of the 1991 Act mentioned in paragraph (2) is the Scottish Ministers, the question or dispute shall be settled by arbitration.
The Scottish Road Works Commissioner created by section 16(1) of the 2005 Act and defined in section 112A(1) of the 1991 Act; section 112A(1) was inserted by section 19 of the 2005 Act.