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Transport (Scotland) Act 2019

Commencement and completion notices – section 117

513.Under the 1991 Act, undertakers and roads authorities are under a range of duties to enter information into the SRWR and give information to other persons who have apparatus under the road.

514.A number of these duties require information about when it is intended that the works are going to start and when it is expected that they will finish. The exact duties depend on whether the person carrying out the works is an undertaker, road works authority or roads authority and also on the type of work involved.

515.Section 117 adds to the duties by amending the relevant sections of the 1991 Act to require the person carrying out the works to enter in the SRWR the date that the works actually start, not just the proposed start date. The time frame for the person doing so will be set by regulations, but in most cases the expectation is that the notice will be required on the same day as the works commence. The ability to impose similar duties in relation to the completion of works is also provided for (including the ability to set a time frame for providing that information). Ministers may by regulations require other information, aside from just the start or completion date, to be provided as well.

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