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Scottish Statutory Instruments

2012 No. 286

Roads And Bridges

The Road Works (Maintenance) (Scotland) Amendment Regulations 2012

Made

24th October 2012

Laid before the Scottish Parliament

29th October 2012

Coming into force

30th November 2012

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 140(4) of the New Roads and Street Works Act 1991(1) and all other powers enabling them to do so.

In accordance with section 163A of that Act(2) they have consulted with such—

(a)persons considered by them to be representative of the interests of undertakers;

(b)road works authorities; and

(c)other persons,

as they think appropriate.

Citation and commencement

1.  These Regulations may be cited as the Road Works (Maintenance) (Scotland) Amendment Regulations 2012 and come into force on 30th November 2012.

Amendment of the Road Works (Maintenance) (Scotland) Regulations 1992

2.  In regulation 4 of the Road Works (Maintenance) (Scotland) Regulations 1992(3) omit “in accordance with regulation 3 above”.

KEITH BROWN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

24th October 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make an amendment to regulation 4 of the Road Works (Maintenance) (Scotland) Regulations 1992 to clarify that regulation 4 may apply following any inspection by a road works authority rather than only following an inspection under regulation 3 of those Regulations.

(1)

1991 c.22; see section 163(1) of that Act for the definition of “prescribed”. The functions of the Secretary of State, so far as they are exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(2)

Section 163A was inserted by section 39 of the Transport (Scotland) Act 2005 (asp 12).