New Roads and Street Works Act 1991 (c. 22)

Part IV U.K. Road works in Scotland

Modifications etc. (not altering text)

C1 Pt. 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)

C2 Pt. 4 modified (15.1.2007) by Glasgow Airport Rail Link Act 2007 (asp 1), s. 7 (with s. 50)

C3 Pt. 4 modified (19.4.2007) by Edinburgh Airport Rail Link Act 2007 (asp 16), s. 12 (with ss. 52, 60)

C4 Pt. 4 modified (8.5.2007) by Airdrie Bathgate Railway and Linked Improvements Act 2007 (asp 19), s. 13 (with ss. 48, 59)

C5 Pt. 4 excluded (1.6.2010) by The Network Rail (Waverley Steps) Order 2010 (S.S.I. 2010/188), arts. 1, 38(6)

C6 Pt. 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)

Provisions with respect to particular authorities and undertakings S

147 Bridges, bridge authorities and related matters. S

(1) In this Part—

(a) references to a bridge include so much of any road as gives access to the bridge and any embankment, retaining wall or other work or substance supporting or protecting that part of the road; and

(b) “bridge authority” means the authority, body or person in whom a bridge is vested.

(2) In this Part “major bridge works” means works for the replacement, reconstruction or substantial alteration of a bridge.

(3) Where a road is carried or crossed by a bridge, any statutory right to place apparatus in the road includes the right to place apparatus in, and attach apparatus to, the structure of the bridge; and other rights to execute works in relation to the apparatus extend accordingly.

References in this Part to apparatus in the road include apparatus so placed or attached.

(4) An undertaker proposing to execute road works affecting the structure of a bridge shall consult the bridge authority before giving notice under section 114 (notice of starting date) in relation to the works.

(5) An undertaker executing such works shall take all reasonably practicable steps—

(a) to give the bridge authority reasonable facilities for monitoring the execution of the works, and

(b) to comply with any requirement made by them which is reasonably necesssary for the protection of the bridge or for securing access to it.

(6) An undertaker who fails to comply with any requirement of subsection (4) or (5) commits an offence in respect of each failure and is liable on summary conviction to a fine not exceeding [F1 level 5] on the standard scale.

(7) Subsections (4) to (6) do not apply to works in relation to which Schedule 6 applies (works in roads with special engineering difficulties).

Textual Amendments

F1 Words in s. 147(6) 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