The Security for Private Road Works (Scotland) Amendment Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Security for Private Road Works (Scotland) Regulations 1985 (“the principal Regulations”) which made provision for the lodging of security with the local roads authority in respect of the construction of certain private roads.

Regulation 2(a) amends regulation 3(2) of the principal Regulations to take account of (a) the reorganisation of local government and (b) the establishment of Scottish Homes in place of the Scottish Special Housing Association.

Regulation 2(b) amends regulation 4 of the principal Regulations so that no building works shall commence until at least two weeks' notice has been given to the local roads authority.

Regulation 13 of the principal Regulations has been amended to make clear that the obligation on the local roads authority with respect to the construction of private roads in the circumstances set out in that regulation applies even if no security has been lodged with them (regulation 2(c)).

Regulation 2(d) re-enacts with amendments regulation 15 of the principal Regulations. The main changes are–

(a) the introduction of stages which when reached require that an appropriate part of the security is released;

(b) the maximum retention pending satisfactory conclusion of the maintenance period or adoption of the road for maintenance by the local roads authority is reduced to 10% of the original security;

(c) the balance of the security must be released on satisfactory conclusion of the maintenance period or when the road is adopted for maintenance by the local roads authority, whichever is the earlier.

In regulation 16 of the principal Regulations, the maximum fine on summary conviction has been changed from £2,000 to the statutory maximum which at present is £5,000 (regulation 2(e)).