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Transport (Scotland) Act 2005
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This version of this provision is prospective.
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Changes to legislation:
Transport (Scotland) Act 2005, Section 30 is up to date with all changes known to be in force on or before 27 November 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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.
Changes and effects yet to be applied to Section 30:
- s. 30 repealed by 2019 asp 17 sch. para. 7(3)
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):
- s. 10(5)(za) inserted by 2019 asp 17 sch. para. 4(2)(a)
- s. 16(4A) inserted by 2019 asp 17 s. 109(2)
- s. 18A-18F inserted by 2019 asp 17 s. 110(2)
- sch. 2 para. 3(2)(3) inserted by 2019 asp 17 s. 110(4)(b)
- sch. 2 para. 3(1) sch. 2 para. 3 renumbered as sch. 3 para. 3(1) by 2019 asp 17 s. 110(4)(a)
Commencement Orders yet to be applied to the Transport (Scotland) Act 2005
Commencement Orders bringing provisions within this Act into force:
- S.S.I. 2008/90 art. 2 amendment to earlier commencing SSI 2008/15 art. 3
Prospective
30Power of road works authority to require undertaker to resurface roadS
This section has no associated Explanatory Notes
(1)After section 132 of the 1991 Act there is inserted—
“ResurfacingS
132APower to require undertaker to resurface road
(1)In prescribed circumstances, the road works authority may by notice (a resurfacing notice”) require an undertaker within subsection (2) to execute such resurfacing works in a road as may be specified in the notice.
(2)An undertaker is within this subsection if—
(a)he has given notice under section 113 or 114 of proposed road works,
(b)he is executing road works, or
(c)he has, within such period ending with the giving of the notice as may be prescribed (or if no period is prescribed, at any time), executed road works,
and the works will involve, involve or (as the case may be) involved the breaking up of any part of the road.
(3)The works specified in the resurfacing notice may relate to any part of the road (including any part not, and not to be, broken up by the undertaker); but regulations made by the Scottish Ministers may restrict the extent of the works that may be so specified.
(4)The resurfacing notice relieves the undertaker to the extent (if any) specified in the notice of his duty under section 129 to reinstate the surface of the road; but regulations made by the Scottish Ministers may restrict the circumstances in which and the extent to which undertakers may be relieved of that duty.
(5)The road works authority may by notice to the undertaker vary or withdraw a resurfacing notice; but regulations made by the Scottish Ministers may restrict the circumstances in which notices may be varied or withdrawn.
(6)A road works authority may serve a resurfacing notice notwithstanding that the authority (in any capacity) are under a duty to undertake any of the works specified in the notice.
(7)In this Part—
“resurfacing notice” has the meaning given by subsection (1),
“resurfacing works” means any works relating to the replacement of the surface of any part of a road,
“surface” includes a paved surface.
132BPower to specify timing etc. of resurfacing
(1)A resurfacing notice may require an undertaker to—
(a)execute the works specified in the notice in stages so specified,
(b)begin the execution of those works (or any stage of them) at or by a date and time so specified,
(c)execute those works (or any stage of them) at times or on days (or at times on days) so specified,
(d)complete the execution of those works (or any stage of them) by a date and time so specified.
(2)The Scottish Ministers may by regulations make provision restricting, in some or all cases, the power to include requirements within subsection (1), including provision that—
(a)requires a road works authority to consult an undertaker before a prescribed description of requirement is included in a notice,
(b)provides that any date specified in a notice for the beginning, execution or completion of works shall not be earlier than a prescribed period from the date on which the notice is given.
132CMaterials, workmanship and standard of resurfacing
(1)An undertaker who has been served with a resurfacing notice shall, when executing the works specified in the notice, comply with such requirements as may be prescribed as to the specification of materials to be used and the standards of workmanship to be observed.
(2)The undertaker shall also ensure that, for the prescribed period after completion of the works, those works conform to such performance standards as may be prescribed.”.
(2)In section 165 of that Act (index for Part 4)—
(a)after the entry for “relevant authority (in relation to road works)” there is inserted—
| “resurfacing notice | section 132A(7) |
| resurfacing notice | section 132A(7)”; |
(b)after the entry for statutory right there is inserted—
| “surface | section 132A(7)”. |
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