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The Road Works (Maintenance) (Scotland) Regulations 1992

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4.  If an undertaker fails to secure that its relevant apparatus is maintained to the reasonable satisfaction of a road works authority in accordance with section 140(1) of the Act, the road works authority may execute any emergency works needed in consequence of the failure in such cases where they have made an inspection in accordance with regulation 3 above and have found that the relevant apparatus has not been so maintained.

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