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Part IVRoad works in Scotland

General requirements as to execution of road works

125Avoidance of unnecessary delay or obstruction

(1)An undertaker executing road works which involve—

(a)breaking up or opening the road, or any sewer, drain or tunnel under it, or

(b)tunnelling or boring under the road,

shall carry on and complete the works with all such dispatch as is reasonably practicable.

(2)An undertaker who fails to do so commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)Where an undertaker executing any road works creates an obstruction in a road to a greater extent or for a longer period than is reasonably necessary, the road works authority may by notice require him to take such reasonable steps as are specified in the notice to mitigate or discontinue the obstruction.

(4)If the undertaker fails to comply with such a notice within 24 hours of receiving it, or such longer period as the authority may specify, the authority may take the necessary steps and recover from him the costs reasonably incurred by them in doing so.