Part 2Road works

Miscellaneous

25Enforcement of sections 118 and 119 of 1991 Act

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road works to fail to use best endeavours to co-operate with the road works authority and other undertakers) is repealed.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.