Part IVRoad works in Scotland

Notice and co-ordination of works

119General duty of undertakers to co-operate

1

An undertaker shall as regards the execution of road works use his best endeavours to co-operate with the road works authority and with other undertakers—

a

in the interests of safety,

b

to minimise the inconvenience to persons using the road (having regard, in particular, to the needs of people with a disability), and

c

to protect the structure of the road and the integrity of apparatus in it.

2

The Secretary of State shall issue or approve for the purposes of this section codes of practice giving practical guidance as to the matters mentioned in subsection (1); and—

a

so far as an undertaker complies with such a code of practice he shall be taken to comply with his duty under that subsection, and

b

a failure in any respect to comply with any such code is evidence of failure in that respect to comply with that duty.

3

An undertaker who fails to comply with his duty under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.