The Road Works (Reinstatement) (Scotland) Regulations 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the requirements for the specification of materials to be used and the standards of workmanship to be observed by undertakers when reinstating roads in which they have executed road works in accordance with their duty under section 129(1) of the New Roads and Street Works Act 1991 (“the Act”).

An undertaker executing road works is required, when reinstating the road, to comply with specified requirements as to materials to be used (regulation 4(1) and (2)) and standards of workmanship to be observed (regulation 4(1) and (3)). The specified requirements are prescribed by reference to the Code of Practice (“the Code”) issued by the Secretary of State under section 130(4) of the Act. Different requirements are specified for different types of road (regulation 3) and special provision is made for roads carrying very heavy traffic where the materials and standards of workmanship are to be agreed between the road works authority and the undertaker (regulation 3(3)) and for road works classified as immediate works (regulation 8).

Performance standards are prescribed by reference to the Code (regulation 5). It is provided that compliance by an undertaker with the Code, or failure to do so, shall amount to compliance with his duties under section 130 of the Act or be evidence of his failure to comply (regulation 9). There is provision for the extension by agreement between the undertaker and the road works authority of the period for the completion of permanent reinstatement where an interim reinstatement has been carried out (regulation 10).

A copy of the Code may be inspected during business hours at New St Andrew’s House, Edinburgh and may be purchased through HMSO.