457.The Roads (Scotland) Act 1984 (“the 1984 Act”) and the New Roads and Street Works Act 1991 (“the 1991 Act”) use a variety of expressions to describe the different situations and circumstances in which a road may be affected by work. These expressions are important as various duties are set by reference to the type of work being carried out. The main expressions are:
“works in a road” is defined by reference to section 151(1) of the 1984 Act (see the entry for “works”). This covers the broadest range of works that can affect a road and, unless otherwise specified, includes the other types of works that are listed below;
“road works” is defined by subsection (3) of section 107 of the 1991 Act. However, it needs to be read in conjunction with the rest of that section and also section 145(2) of the 1991 Act (as works for roads purposes are excluded from the definition of road works). Broadly speaking, road works relate to activities and operations which put, move, access or remove apparatus (such as pipes and cables) in or under a road. For example, digging up a road to put in a cable for the provision of broadband internet would be road works. To carry out road works, a person (known as an undertaker) must have a statutory right to do so or have been given permission under section 109 of the 1991 Act. Road works must be distinguished from ‘works for roads purposes’ and ‘major works for roads purposes’, which are focused on making changes to the road or road network (and connected features);
“works for road purposes” is defined by section 145(2) of the 1991 Act. This expression is focused on works which are for the maintenance or improvement of the road itself; the signage connected with it; or providing access for vehicles to cross a footway. For example, repairing potholes or erecting new traffic lights would be works for roads purposes;
“major works for road purposes” is defined by section 145(3) of the 1991 Act. This relates to specific types of significant work (set out in full in the section) in or to a road which consists of or includes a carriageway. In accordance with section 151 of the Roads (Scotland) Act 1984, a carriageway means (broadly speaking) a road over which vehicles have a public right of passage. Major works for roads purposes are mainly focused on operations which are for the benefit of the roads network or particular roads (for example, reconstruction or widening a road; adding a cycle path or road hump; or tunnelling or boring under the road).