- Latest available (Revised)
- Original (As enacted)
Roads (Scotland) Act 1984, Section 60 is up to date with all changes known to be in force on or before 31 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Without prejudice to F1. . . sections 57 to 59 or section 85 of this Act, where any person [F2(other than a roads authority)] places or deposits anything on a road so as to cause an obstruction, or executes works in a road, he shall, whether or not the obstruction is, or works are, on or in the road with the consent of the roads authority—
(a)cause the obstruction or works to be marked in such manner and with such materials as may, for the purpose of making it or them immediately visible to oncoming traffic, be specified;
(b)provide such lighting of the obstruction or works during the hours of darkness as is necessary for preventing danger to traffic and for warning traffic of danger;
(c)erect such fences, barriers and traffic signs for preventing danger to traffic, for regulating traffic, and for warning traffic of danger, as may be necessary and remove them as soon as they cease to be necessary therefor; and
(d)in the case of an obstruction or works whose nature so requires, cause any building adjoining the road to be shored up or otherwise protected.
(2)If the person referred to in subsection (1) above fails to fulfil a requirement imposed on him by that subsection, the roads authority may fulfil the requirement and recover the expenses reasonably incurred by them in so doing from that person.
(3)A person who fails to fulfil a requirement imposed on him by subsection (1) above commits an offence.
[F3(3A)Where the roads authority places or deposits anything on a road so as to cause an obstruction, or executes works in a road, they must comply with the requirements in paragraphs (a) to (d) of subsection (1).]
(4)A person who, without lawful authority or reasonable excuse, takes down, alters or removes any fence, barrier, shoring or other support or protection, or any traffic sign erected in pursuance of subsection (1) [F4, (2) or (3A)] above, or removes, interferes with or extinguishes any light placed in pursuance of [F5any] of those subsections to indicate an obstruction or works on or in any road commits an offence.
(5)In this section—
“hours of darkness” means the time between half an hour after sunset and half an hour before sunrise; and
“specified” means specified by the Secretary of State in regulations.
F6[(6)This section shall not apply to an undertaker executing road works, within the meaning of Part IV of the New Roads and Street Works Act 1991.]
Textual Amendments
F1Words in s. 60(1) omitted (1.1.1993) by virtue of New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 86(a); S.I. 1992/2990, art. 2(2), Sch. 2
F2Words in s. 60(1) inserted (10.1.2022) by Transport (Scotland) Act 2019 (asp 17), ss. 115(2)(a), 130(2) (with s. 126); S.S.I. 2021/428, reg. 2, sch.
F3S. 60(3A) inserted (10.1.2022) by Transport (Scotland) Act 2019 (asp 17), ss. 115(2)(b), 130(2) (with s. 126); S.S.I. 2021/428, reg. 2, sch.
F4Words in s. 60(4) substituted (10.1.2022) by Transport (Scotland) Act 2019 (asp 17), ss. 115(2)(c)(i), 130(2) (with s. 126); S.S.I. 2021/428, reg. 2, sch.
F5Word in s. 60(4) substituted (10.1.2022) by Transport (Scotland) Act 2019 (asp 17), ss. 115(2)(c)(ii), 130(2) (with s. 126); S.S.I. 2021/428, reg. 2, sch.
F6S. 60(6) inserted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 86(b); S.I. 1992/2990, art. 2(2), Sch. 2
Modifications etc. (not altering text)
C1S. 60: power to contract out functions of Secretary of State (16.3.1996) by S.I. 1996/878, art. 2, Sch. para. 5(p)
C2Ss. 56-61A excluded (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 20(3), 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, sch.
C3Ss. 56-61A excluded (11.4.2017) by The Network Rail (Glasgow Queen Street Station) Order 2017 (S.S.I. 2017/100), arts. 1, 9(a) (with art. 37)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: