New Roads and Street Works Act 1991

108 The road works authority and other relevant authorities. S

(1) In this Part “the road works authority” in relation to a road means, subject to the following provisions—

(a) if the road is a public road, the roads authority, and

(b) if the road is not a public road, the road managers.

(2) In the case of a road for which the Secretary of State is the roads authority but in relation to which a local roads authority acts as his agent under section 4 of the Roads (Scotland) Act 1984, the local roads authority shall be regarded as the road works authority for the purposes of section [F1 112B (duty to enter certain information in Scottish Road Works Register)] (the road works register) and sections 113 to 119 (advance notice and co-ordination of works).

(3) Subsection (1)(b) has effect subject to section 146 as regards the application of this Part to prospective public roads.

(4) In this Part the expression “road managers”, used in relation to a road which is not a public road, means the authority, body or person liable to the public to maintain or repair the road or, if there is none, any authority, body or person having the management or control of the road.

(5) The Secretary of State may by regulations make provision for exempting road managers from provisions of this Part which would otherwise apply to them as the road works authority in relation to a road.

(6) References in this Part to the relevant authorities in relation to any road works are to the roads authority and also—

(a) where the works include the breaking up or opening in the road of [F2 a public sewer, Scottish Water;]

(b) where the road is carried or crossed by a bridge vested in a transport authority, or crosses or is crossed by any other property held or used for the purposes of a transport authority, that authority; and

(c) where in any other case the road, not being a public road, is carried or crossed by a bridge, the bridge authority.

Textual Amendments

F1 Words in s. 108(2) substituted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 19(2), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1

F2 Words in s. 108(6)(a) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp. 3), s. 71, Sch. 7 para. 21(2) (with s. 67); S.S.I. 2002/118, art. 2