Search Legislation

Advanced Search

Transport (Scotland) Act 2005

Status:

This is the original version (as it was originally enacted).

26Qualifications of supervisors and operatives

Explanatory NotesShow EN

(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.”.

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

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

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

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