Gates (hereafter in this section referred to as “snow gates”) may be provided and maintained by the roads authority for the purpose of temporarily closing a road to vehicular traffic on any occasion when snow is rendering or has rendered that road unsafe for such traffic; and where in the opinion of a constable such an occasion has arisen as respects a road he (or, where the constable is a chief constable, a person acting on his behalf) may, until the road is once again safe for vehicular traffic, close and secure any snow gate on the road against all such traffic except that engaged in the provision or restoration of essential services.

In subsection (1) above—

• “constable” and “chief constable” shall be construed in accordance with sections 50 and 51 of the M1Police (Scotland) Act 1967 (interpretation);

• “engaged in the provision or restoration of essential services” means in the opinion of a constable so engaged; and

• “safe” means in such opinion safe.