Modifications etc. (not altering text)
C1Pt. 4 (ss. 107-165) modified (1.1.1993) by Pipelines Act 1962 (c. 58), s. 16(1) (as substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22), s. 168(1), Sch. 8 Pt. IV para. 101(3); S.I. 1992/2990, art. 2(2), Sch.2)
C2Pt. 4 modified (15.1.2007) by Glasgow Airport Rail Link Act 2007 (asp 1), s. 7 (with s. 50)
C3Pt. 4 modified (19.4.2007) by Edinburgh Airport Rail Link Act 2007 (asp 16), s. 12 (with ss. 52, 60)
C4Pt. 4 modified (8.5.2007) by Airdrie Bathgate Railway and Linked Improvements Act 2007 (asp 19), s. 13 (with ss. 48, 59)
C5Pt. 4 excluded (1.6.2010) by The Network Rail (Waverley Steps) Order 2010 (S.S.I. 2010/188), arts. 1, 38(6)
C6Pt. 4 modified (11.4.2017) by The Network Rail (Glasgow Queen Street Station) Order 2017 (S.S.I. 2017/100), arts. 1, 8 (with art. 37)
(1)If it appears to the road works authority—
(a)that proposed road works are likely to cause serious disruption to traffic, and
(b)that the disruption would be avoided or reduced if the works were carried out only at certain times [F1or on certain days (or at certain times on certain days)],
the authority may give the undertaker such directions as may be appropriate as to the times [F2or days (or both)] when the works may or may not be carried out.
[F3(1A)If it appears to a road works authority—
(a)that subsisting road works are causing or are likely to cause serious disruption to traffic, and
(b)that the disruption would be avoided or reduced if the works were to continue to be carried out only at certain times or on certain days (or at certain times on certain days),
the authority may give the undertaker such directions as may be appropriate as to the times or days (or both) when the works may or may not continue to be carried out.]
(2)The procedure for giving a direction shall be prescribed by the Secretary of State.
[F4(2A)The Scottish Ministers shall by regulations make provision for appeals against directions under this section, including provision as to the procedure to be followed on an appeal.]
(3)An undertaker who executes works in contravention of a direction under this section commits an offence and is liable on summary conviction to a fine not exceeding [F5level 5] on the standard scale.
[F6(3A)An undertaker shall be taken not to have failed to fulfil any statutory duty to afford a supply or service if, or to the extent that, the failure is attributable to a direction under this section.]
(4)The Secretary of State [F7shall] issue or approve for the purpose of this section a code of practice giving practical guidance as to the exercise by road works authorities of the power conferred by this section; and in exercising that power a road works authority shall have regard to the code of practice.
Textual Amendments
F1Words in s. 115(1)(b) added (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 20(2)(a), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1
F2Words in s. 115(1) inserted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 20(2)(b), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1
F3S. 115(1A) inserted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 20(3), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1
F4S. 115(2A) inserted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 20(4), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1
F5Words in s. 115(3) substituted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), s. 54(2), sch. 3; S.S.I. 2008/15, art. 2(2), sch. 1
F6S. 115(3A) inserted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 20(5), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1
F7Word in s. 115(4) substituted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 20(6), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1
Modifications etc. (not altering text)
C7S. 115: power to contract out functions of the Secretary of State conferred (16.3.1996) by S.I. 1996/878, art. 2, Sch. para. 6(c)