- Latest available (Revised)
- Original (As enacted)
New Roads and Street Works Act 1991, Section 118 is up to date with all changes known to be in force on or before 30 November 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)A road works authority shall use their best endeavours to co-ordinate the execution of works of all kinds (including works for road purposes) in the roads for which they are responsible—
(a)in the interests of safety,
(b)to minimise the inconvenience to persons using the road (having regard, in particular, to the needs of people with a disability), and
(c)to protect the structure of the road and the integrity of apparatus in it.
(2)That duty extends to co-ordination with other road works authorities where works in a road for which one authority are responsible affect roads for which other authorities are responsible.
[F1(2A)In discharging their duty under this section, a road works authority shall have regard to all information in the SRWR which relates to the functions of the authority.
(2B)A road works authority shall, so as to maximise the utility of that information for the purposes of subsection (2A)—
(a)assist the Commissioner in complying with the duty imposed by subsection (1) of section 112A (as read with subsection (2) of that section), and
(b)keep that information under surveillance.]
(3)The Secretary of State shall issue or approve for the purposes of this section codes of practice giving practical guidance as to the matters mentioned above; and in discharging their general duty of co-ordination [F2and the specific duties imposed by subsections (2) to (2B)] a road works authority shall have regard to any such code of practice.
[F3(3A)In discharging all the duties referred to in subsection (3), a road works authority shall have regard also to such guidance as is contained in the practice referred to in section 17(4)(b) of the Transport (Scotland) Act 2005 (asp 12).]
(4)If it appears to the [F4Commissioner] that a road works authority are not properly discharging their general duty of co-ordination, he may direct the authority to supply him with such information as he considers necessary to enable him to decide whether that is the case and if so what action to take.
The direction shall specify the information to be provided and the period within which it is to be provided.
(5)If after the end of that period (whether or not the direction has been complied with) it appears to the [F5Commissioner] that the authority are not properly discharging their general duty of co-ordination, he may direct the authority to take such steps as he considers appropriate for the purpose of discharging that duty.
The direction shall specify the steps to be taken and the period within which they are to be taken, and may include a requirement to make a report or periodic reports to the [F5Commissioner] as to what steps have been taken and the results of taking them.
(6)A direction under this section may be varied or revoked by a further direction.
Textual Amendments
F1S. 118(2A)(2B) inserted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 23(2), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1 (as amended (5.3.2008) by S.S.I. 2008/90, art. 2)
F2Words in s. 118(3) inserted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 23(3), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1
F3S. 118(3A) inserted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 23(4), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1
F4Words in s. 118(4) substituted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 23(5), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1
F5Words in s. 118(5) substituted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 23(5), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1
Modifications etc. (not altering text)
C1S. 118: power to contract out functions of the Secretary of State conferred (16.3.1996) by S.I. 1996/878, art. 2, Sch. para. 6(e)
C2S. 118 applied (with modifications) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp 6), s. 7(6)(7) (with s. 75)
C3S. 118 applied (with modifications) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp 7), s. 7(6)(7) (with ss. 76, 84)
Commencement Information
I1S. 118 wholly in force; s. 118(1)(2)(4)-(6) in force at 1.1.1993, see s. 170 and S.I. 1992/2990, art. 2(2), Sch. 2; s. 118(3) in force at 14.7.1992 by S.I. 1992/1671, art. 2, Sch.
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?
The Schedules 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: