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road works to fail to use best endeavours to co-operate with the road works authority and other undertakers) is repealed.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