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Transport (Scotland) Act 2019

Other expressions:

458.There are also a number of other expressions used in relation to work in roads:

  • Commissioner” is defined by section 112A of the 1991 Act and means the Scottish Road Works Commissioner. This post was created in the 2005 Act;

  • roads authority” is defined by section 151(1) of the 1984 Act. For a road other than a trunk road, it will be the local authority for the area that the road is situated in. For a trunk road, in relation to the functions with which this Part of the Act is concerned, it will be the Scottish Ministers;

  • road works authority” is defined by section 108(1) of the 1991 Act. Who is the road works authority for a given piece of work depends on whether the road in question is a public or a private road. If it is a public road, the road works authority will be the roads authority for that road (although there are certain duties relating to trunk roads that can be delegated to local authorities). If it is a private road, the road works authority will be the road managers for the road (that is, the authority, person or body who is liable to the public for the maintenance and repair of the road, and if there is none, any authority, body or person having management or control over the road);

  • SRWR” means the Scottish Road Works Register – see section 112A of the 1991 Act;

  • undertaker” is defined by section 107(4) and (5) of the 1991 Act. As noted in the definition of road works above, it is the person with a right to carry out road works.

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