Roads (Scotland) Act 1984

F1 [Other traffic calming works S

Textual Amendments

F1 Heading before ss. 39A-39C inserted (16.5.1992) by Traffic Calming Act 1992 (c. 30), ss. 2(1), 3, Sch. 2

F2 39A Powers to carry out traffic calming works. S

(1) A roads authority may, in a road maintainable by them, construct traffic calming works which—

(a) are of a description prescribed by regulations under section 39B of this Act, or

(b) are authorised,

and may remove such works (whenever constructed).

(2) A roads authority shall not exercise the powers conferred by subsection (1) above except in accordance with any requirements imposed by the regulations or authorisation concerned.

(3) Requirements imposed by an authorisation given under this section may relate to any matter with respect to which regulations may be made under section 39B of this Act.

(4) Nothing in this section shall prejudice any power of a roads authority to construct or remove traffic calming works which are neither of a description prescribed by regulations under section 39B of this Act nor authorised.

Textual Amendments

F2 S. 39A inserted (16. 5. 1992) by Traffic Calming Act 1992 (c. 30), ss. 2(1), 3, Sch. 2

F3 39B Prescribing of works. S

(1) The Secretary of State may make regulations—

(a) prescribing any description of traffic calming works for the purposes of section 39A of this Act, and

(b) making such provision (if any) as appears to him necessary or expedient in relation to the construction, maintenance and removal of works of a prescribed description.

(2) Regulations under this section may in particular—

(a) provide that works of a prescribed description shall be constructed only in roads of such descriptions and in such circumstances as may be prescribed by the regulations;

(b) impose requirements as to—

(i) the dimensions and location of works;

(ii) the placing of signs;

(iii) the carrying out and maintenance of ancillary or consequential works;

(c) impose requirements as to consultation and publicity in respect of proposed works.

Textual Amendments

F3 S. 39B inserted (16. 5. 1992) by Traffic Calming Act 1992 (c. 30), ss. 2(1), 3, Sch. 2

[F4 39BA Prescribing of works for anti-terrorism purposes S

(1) Where—

(a) the construction of any traffic calming works is for the purpose of avoiding or reducing, or reducing the likelihood of, danger connected with terrorism within the meaning of section 1 of the Terrorism Act 2000, and

(b) the function of constructing those works would, but for this section, be exercisable by the Scottish Ministers,

that function shall instead be exercisable by the Secretary of State.

(2) The power to make regulations under section 39B of this Act—

(a) for the purpose of, or in connection with, avoiding or reducing, or reducing the likelihood of, danger connected with terrorism within the meaning of section 1 of the Terrorism Act 2000, and

(b) which would, but for this section, be exercisable by the Scottish Ministers,

shall instead be exercisable by the Secretary of State.

(3) Regulations under section 39B of this Act may, if they are made by virtue of subsection (2) above, provide that, in such circumstances as the regulations may specify, works may be constructed or removed only with the consent of a police officer of such class as the regulations may specify.]

Textual Amendments

F4 S. 39BA inserted (19.1.2005) by Civil Contingencies Act 2004 (c. 36), s. 34(1), Sch. 2 para. 17(1); S.I. 2004/3281, art. 2(3)(4)(a)

F5 39C Status of works authorised by section 39A. S

Works (whenever constructed) of a description prescribed by regulations under section 39B, or authorised under section 39A, of this Act, which conform to any requirements imposed by the regulations or authorisation shall not be treated as constituting an obstruction to the road but as part of the road, so that in particular—

(a) the obligation of any person to maintain the road, and

(b) the obligation of any person having power to break open the road to make good any damage or otherwise reinstate the road,

extend to maintaining or, as the case may be, making good any damage to or otherwise reinstating the works.]

Textual Amendments

F5 S. 39C inserted (16. 5. 1992) by Traffic Calming Act 1992 (c. 30), ss. 2(1), 3, Sch. 2