Roads (Scotland) Act 1984

97 Trading. S

(1) Without prejudice to section 129(9) of this Act and subject to subsections (2) and (4) below, no person shall, for the purpose of selling anything, or offering or exposing anything for sale, use any stall or similar structure or any container or vehicle, kept or placed on—

(a) any part of a trunk or principal road; or

(b) unenclosed land within 15 metres of any part of any such road,

except with the consent in writing of the roads authority and in accordance with such reasonable conditions as the authority think fit.

(2) Without prejudice to the generality of subsection (1) above, the references in that subsection and in subsection (4) below to selling anything or offering or exposing anything for sale include supplying a service for profit or offering to do so.

(3) A person who contravenes this section commits an offence.

(4) The foregoing provisions of this section do not apply to—

(a) the sale or offer or exposure for sale of things from or on a vehicle which is used only for—

(i) the purpose of itinerant trading with the occupiers of premises; or

(ii) that purpose and purposes other than trading;

(b) the sale or offer or exposure for sale of things in, and as part of, a relevant public market;

(c) the sale or offer or exposure for sale of newspapers;

(d) street trading under and in accordance with a street trader’s licence;

(e) carrying on a private market under and in accordance with a market operator’s licence; or

(f) any activity in respect of which a certificate under the M1 Pedlars Act 1871 has been granted.

(5) This section is without prejudice to any other restriction, prohibition or requirement for consent, whether statutory or otherwise, which may apply to the activities mentioned in subsection (1) above.

(6) In this section—

• “market operator’s licence” shall be construed in accordance with section 40 of the M2 Civic Government (Scotland) Act 1982 (market operators’ licences);

• “principal road” means a road which for the time being is classified as such by the Secretary of State under section 11(1) of this Act;

• “private market” has the same meaning as in the said section 40;

• “relevant public market” means a market or fair—

(a) held by virtue of a grant from the crown or of prescription or under statutory authority; and

(b) established, held or having its place fixed, by a [F1 local authority]:

Provided that in establishing or holding, or fixing the place of, the market and in regulating it the [F2 local authority] shall consult the roads authority and shall, so far as the [F2 local authority] consider it practicable to do so, give effect to any recommendations as respects the market made to them by the roads authority in the interests of road users;

• “street trading” has the same meaning as in section 39 of the said Act of 1982 (street traders’ licences); and

• “street trader’s licence” shall be construed in accordance with the said section 39.

Textual Amendments

F1 Words in para. b in definition of “relevant public market” in s. 97(6) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 135(6)(a); S.I. 1996/323, art. 4(1)(c)

F2 Words in proviso in definition of “relevant public market” in s. 97(6) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 135(6)(b); S.I. 1996/323, art. 4(1)(c)

Marginal Citations

M1 1871 c. 96.

M2 1982 c. 45.