Search Legislation

Transport (Scotland) Act 2005

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Miscellaneous

 Help about opening options

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Transport (Scotland) Act 2005. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Transport (Scotland) Act 2005

Commencement Orders bringing provisions within this Act into force:

MiscellaneousS

20Directions as to timing of road worksS

(1)Section 115 of the 1991 Act (directions as to timing of road works) is amended in accordance with subsections (2) to (6) below.

(2)In subsection (1)—

(a)in paragraph (b) at the end there is added “ or on certain days (or at certain times on certain days) ”; and

(b)after “the times” there is inserted “ or days (or both) ”.

(3)After that subsection there is inserted—

(1A)If it appears to a road works authority—

(a)that subsisting road works are causing or are likely to cause serious disruption to traffic, and

(b)that the disruption would be avoided or reduced if the works were to continue to be carried out only at certain times or on certain days (or at certain times on certain days),

the authority may give the undertaker such directions as may be appropriate as to the times or days (or both) when the works may or may not continue to be carried out..

(4)After subsection (2) there is inserted—

(2A)The Scottish Ministers shall by regulations make provision for appeals against directions under this section, including provision as to the procedure to be followed on an appeal..

(5)After subsection (3) there is inserted—

(3A)An undertaker shall be taken not to have failed to fulfil any statutory duty to afford a supply or service if, or to the extent that, the failure is attributable to a direction under this section..

(6)In subsection (4), for “may” there is substituted “ shall ”.

Commencement Information

I1S. 20 in force at 1.4.2008 by S.S.I. 2008/15, art. 2(2), Sch. 1

21Directions as to placing of apparatus in roadsS

(1)After section 115 of the 1991 Act there is inserted—

115APower to give directions as to placing of apparatus

(1)Where—

(a)an undertaker is proposing to execute road works consisting of the placing of apparatus in a road (the “proposed road”),

(b)placing the apparatus in the proposed road is likely to cause disruption to traffic, and

(c)it appears to the road works authority that—

(i)there is another road in which the apparatus could be placed (the “other road”), and

(ii)the conditions in subsection (2) are satisfied,

the authority may by directions require the undertaker not to place the apparatus in the proposed road (but shall not require the undertaker to place the apparatus in the other road).

(2)The conditions referred to in subsection (1)(c)(ii) are that—

(a)disruption to traffic would be avoided or reduced if the apparatus were to be placed in the other road,

(b)placing the apparatus in the other road would be a reasonable way of achieving the purpose for which the apparatus is to be placed, and

(c)it is reasonable to require the undertaker not to place the apparatus in the proposed road.

(3)Directions under this section may be varied or revoked by further such directions.

(4)The procedure for giving directions under this section shall be as prescribed.

(5)The Scottish Ministers shall by regulations make provision for appeals against directions under this section, including provision as to the procedure to be followed on an appeal.

(6)An undertaker who executes works in contravention of directions under this section commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(7)An undertaker shall be taken not to have failed to fulfil any statutory duty to afford a supply or service if, or to the extent that, the failure is attributable to a direction under this section.

(8)The Scottish Ministers shall issue or approve for the purposes of this section a code of practice giving practical guidance as to the exercise by road works authorities of the power conferred by this section; and in exercising that power a road works authority shall have regard to the code of practice..

(2)In section 116 of the 1991 Act (notice of emergency works in roads), in subsection (1), the word “or” is repealed and after “works”, where first occurring, there is inserted “ or section 115A (power to give directions as to placing of apparatus) ”.

Commencement Information

I2S. 21 in force at 1.4.2008 by S.S.I. 2008/15, art. 2(2), Sch. 1

22Restriction on works following substantial road worksS

(1)In section 117 of the 1991 Act (restriction on works following substantial road works)—

(a)in subsection (1)—

(i)for “twelve months” there is substituted “ such period ”; and

(ii)at the end there is inserted “ as may be prescribed. ”;

(b)in subsection (6), at the beginning of paragraph (b) there is inserted “ if convicted of an offence under this subsection, ”; and

(c)at end there is inserted—

(9)The Scottish Ministers may issue or approve for the purposes of this section a code of practice giving practical guidance as to the performance by road works authorities of their functions under this section; and in carrying out those functions a road works authority shall have regard to the code of practice..

(2)In section 114 of the 1991 Act (notice of starting date of works), in subsection (2), after “works” there is inserted “ or in cases where the undertaker has been given notice under section 117(1) ”.

Commencement Information

I3S. 22(1)(b)(c)(2) in force at 1.4.2008 by S.S.I. 2008/15, art. 2(2), Sch. 1 (with art. 3)

23Duty of road works authority to co-ordinate road works etc.S

(1)Section 118 of the 1991 Act (road works authority's duty to co-ordinate road works etc.) is amended in accordance with subsections (2) to (5) below.

(2)After subsection (2) there is inserted—

(2A)In discharging their duty under this section, a road works authority shall have regard to all information in the SRWR which relates to the functions of the authority.

(2B)A road works authority shall, so as to maximise the utility of that information for the purposes of subsection (2A)—

(a)assist the Commissioner in complying with the duty imposed by subsection (1) of section 112A (as read with subsection (2) of that section), and

(b)keep that information under surveillance..

(3)In subsection (3), after “co-ordination”, there is inserted “ and the specific duties imposed by subsections (2) to (2B) ”.

(4)After that subsection there is inserted—

(3A)In discharging all the duties referred to in subsection (3), a road works authority shall have regard also to such guidance as is contained in the practice referred to in section 17(4)(b) of the Transport (Scotland) Act 2005 (asp 12)..

(5)In subsections (4) and (5), for “Secretary of State”, in each place where it occurs, there is substituted “ Commissioner ”.

Commencement Information

I4S. 23 in force at 1.4.2008 by S.S.I. 2008/15, art. 2(2), Sch. 1

24Duty of undertakers to co-operate with authorities and other undertakersS

(1)Section 119 of the 1991 Act (undertakers' duty to co-operate) is amended in accordance with subsections (2) to (4) below.

(2)After subsection (1) there is inserted—

(1A)In discharging the duty under this section, an undertaker shall have regard to all information in the SRWR about matters which might affect, or be affected by, works being or proposed to be carried out by the undertaker.

(1B)An undertaker shall, so as to maximise the utility of that information for the purposes of subsection (1A)—

(a)assist the Commissioner in complying with the duty imposed by subsection (1) of section 112A (as read with subsection (2) of that section), and

(b)keep that information under surveillance.

(1C)In subsections (1A) and (1B), “undertaker” does not include a person having permission under section 109 to execute road works..

(3)After subsection (2) there is inserted—

(2A)In discharging the duties imposed by subsections (1) to (1B), an undertaker shall—

(a)comply with any direction in that respect given to the undertaker by the Commissioner, and

(b)have regard to such guidance as is contained in the practice referred to in section 17(4)(b) of the Transport (Scotland) Act 2005 (asp 12),

and paragraphs (a) and (b) of subsection (2) shall apply in relation to any such direction as they apply in relation to the code of practice referred to in that subsection.

(2B)If it appears to the Commissioner that an undertaker is not properly complying with his duty under subsection (1), he may direct the undertaker to supply him with such information as he considers necessary to enable him to decide whether that is the case and, if so, what action to take.

The direction shall specify the information to be provided and the period within which it is to be provided..

(4)After subsection (3) there is inserted—

(4)A direction under this section may be varied or revoked by a further direction..

Commencement Information

I5S. 24 in force at 1.4.2008 by S.S.I. 2008/15, art. 2(2), Sch. 1

25Enforcement of sections 118 and 119 of 1991 ActS

(1)Subsection (3) of section 119 of the 1991 Act (which subsection makes it an offence for an undertaker executing road works to fail to use best endeavours to co-operate with the road works authority and other undertakers) is repealed.

(2)After that section (which requires undertakers to co-operate with road works authorities and others in the execution of road works) there is inserted—

119AEnforcement of sections 118 and 119: imposition of penalties

(1)The Scottish Ministers may, by regulations, make provision for or in connection with—

(a)the imposition by the Commissioner of penalties on road works authorities and undertakers who fail to comply with duties imposed on them by sections 118 and 119 respectively,

(b)the payment of such penalties.

(2)The regulations may include provision for or in connection with—

(a)the notification and enforcement of penalties,

(b)the level of penalties,

(c)appeals against the imposition of penalties including the appointment of persons to hear and determine such appeals..

Commencement Information

I6S. 25 in force at 1.10.2007 by S.S.I. 2007/409, art. 2

26Qualifications of supervisors and operativesS

(1)Section 126 of the 1991 Act (qualifications of supervisors and operatives) is amended in accordance with subsections (2) to (5) below.

(2)After subsection (1) there is inserted—

(1A)A road works authority may (unless the case is one excepted from subsection (1)) by notice require an undertaker executing road works—

(a)to notify them of the name of—

(i)the person who is currently the qualified supervisor required under subsection (1), and

(ii)each person who has previously been the qualified supervisor so required, and

(b)to provide them with such evidence of the requisite qualification of the person or, as the case may be, each person named as may be prescribed..

(3)After subsection (2) there is inserted—

(2A)A road works authority may (unless the case is one excepted from subsection (2)) by notice require an undertaker executing road works—

(a)to notify them of the name of—

(i)a person whose presence on site at any time specified in the notice (being a time when the works were in progress) enabled the undertaker to comply with his duty under subsection (2), or

(ii)each person whose presence on site during the progress of the works enabled the undertaker to comply with his duty under subsection (2), and

(b)to provide them such evidence of the requisite qualification of the or, as the case may be, each person named as may be prescribed.

(2B)A notice under subsection (1A) or (2A) may be given at any time while the works are being executed or within such period after their completion as may be prescribed.

(2C)The undertaker shall comply with a notice under subsection (1A) or (2A) within such period and in such way as may be prescribed..

(4)In subsection (3), for “or (2)” there is substituted “ , (2) or (2C) ”.

(5)In subsection (4), after paragraph (b) there is inserted and

(“(c))the form of any document to be issued by an approved body to certify or otherwise show that a qualification has been conferred on any person..

Commencement Information

I7S. 26 in force at 1.4.2008 by S.S.I. 2008/15, art. 2(2), Sch. 1

27Duty of authorities, undertakers etc. to ensure competence of employees etc.S

After section 126 of the 1991 Act there is inserted—

126ADuty of authorities, undertakers etc. to ensure competence of employees etc.

Each of the authorities and other persons set out in the first column below shall use their or, as the case may be, his best endeavours to ensure that each of that authority's or, as the case may be, that person's employees or agents whose duty it is to carry out for that authority or person a function conferred on that authority or person by or under an enactment set out relative to that authority or person in the second column below is competent to perform that duty—

A road works authoritySection 112B(1) and (3) of this Act; section 18 of the Transport (Scotland) Act 2005 (asp 12) (duty to provide Scottish Road Works Commissioner with certain information).
A roads authoritySection 112B(4) to (7) of this Act.
An undertakerSections 113(1), 114(1) and 116(2) of this Act; section 18 of the Transport (Scotland) Act 2005 (asp 12) (duty to provide Scottish Road Works Commissioner with certain information)..

Commencement Information

I8S. 27 in force at 1.4.2008 by S.S.I. 2008/15, art. 2(2), Sch. 1

28Duty of undertaker to notify completion of road works: form and procedureS

In section 129 of the 1991 Act (duty of undertaker to reinstate road after road works)—

(a)in subsection (3), for “inform the road works authority” there is substituted “ give the required notice ”;

(b)in subsection (4), for “notify the road works authority” there is substituted “ give the required notice ”;

(c)after subsection (5) there is inserted—

(5A)For the purposes of subsection (3) or (4) an undertaker gives the required notice by—

(a)giving to the Commissioner a notice containing such information as may be prescribed, and

(b)entering in the SRWR a copy of that notice..

Commencement Information

I9S. 28 in force at 1.4.2008 by S.S.I. 2008/15, art. 2(2), Sch. 1

29Notices requiring remedial works relating to reinstatementsS

(1)In section 131 of the 1991 Act (powers of road works authority in relation to reinstatement of roads)—

(a)in subsection (3), for “of not less than 7 working days” there is substituted “ , not being shorter than such period as may be prescribed, ”; and

(b)after that subsection there is inserted—

(3A)Different minimum periods may be prescribed under subsection (3) for different descriptions of remedial works; and cases may be so prescribed in which no minimum period applies..

(2)In section 149 of the 1991 Act (which, among other things, enables the authorities responsible for sewers, drains and tunnels to require their reinstatement)—

(a)in subsection (2), for “of not less than 7 working days” there is substituted “ , not being shorter than such period as may be prescribed, ”; and

(b)after that subsection there is inserted—

(2A)Different minimum periods may be prescribed under subsection (2) for different descriptions of remedial works; and cases may be so prescribed in which no minimum period applies..

Commencement Information

I10S. 29 in force at 1.4.2008 by S.S.I. 2008/15, art. 2(2), Sch. 1

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources