Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 1996

Power to close public roads

6 (1) Subject to the provisions of subsections (2) to (6) below the Council may, for the purposes of this Order, on the authorised days close to the public or restrict access to the whole or part of any public road or roads comprised in the rally route and may exclude therefrom all or any persons, vehicles, goods and things (including persons seeking to go to or from any premises abutting any such road and whether or not in exercise or purported exercise of any public or private right of way over any part of the public roads) except with the consent of the Council in consultation with the promoter.

(2) The Council shall not on any of the authorised days close any part of the public roads comprised in the rally route—

(a) more than twice; or

(b) for a continuous period of more than five hours; or

(c) if that part has not been open to the public for at least two hours since the last closure.

(3) The Council shall ensure that, where any premises or any place of public religious worship is affected by the road closure or any restriction of access to a road under the powers contained in this section, the owner or occupier of such premises or any person attending such place (whether for the purpose of worship or education) shall have reasonable access to and egress from the said premises or place of public religious worship as the case may be in so far as it is safe to grant such access or egress, during the period of closure or restriction.

(4) Notice of the closing of public roads under this section and any revised traffic arrangements and alternative routes shall be indicated by traffic signs.

(5) The Council shall—

(a) not less than one month before the closing of a public road under this section cause to be published in a local newspaper circulating in the district notice thereof stating the public roads or parts of public roads to be closed and the periods during which such public roads shall be closed to vehicular and pedestrian traffic respectively;

(b) not later than the date on which such notice is published under paragraph (a) above serve a copy thereof on the Chief Constable, Railtrack and any statutory undertaker having apparatus in, under or adjoining the rally route;

(c) display copies of such notice in the public road or part of a public road to be closed in places where they can conveniently be read by the public for a period of not less than 14 days immediately preceding the closing.

(6) Either—

(a) a copy of any such newspaper containing any such notice, or

(b) a photostatic or other reproduction certified by the proper officer of the Council to be a true reproduction of a page, or part of a page, of any such newspaper bearing the date of its publication and containing any such notice,

shall be evidence of the publication of the notice and of the date of the publication.

(7) If any person without the consent of the Council knowingly and without reasonable excuse enters or remains upon any public road which is closed to him, or drives or causes or permits to be driven a vehicle upon any public road or part of a public road which is closed to that vehicle under this section, or fails to comply with any condition subject to which the Council have given their consent under this section, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(8) In proceedings for an offence under subsection (7) above, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(9) Notwithstanding the closure of any public road or part of a public road by the Council under this section, in the case of emergency any emergency service of the Council, Railtrack, the police, the ambulance service, the fire service, the Borders Health Board or the statutory undertakers may require the promoter to stop the rally and may enter upon such public road or part of a public road with any necessary vehicles, plant and equipment for the purpose of exercising any of their functions in relation to the emergency.

(10) Nothing in this section shall prejudice or affect the operation of any of the relevant statutory provisions as defined in Part I of the [1974 c. 37.] Health and Safety at Work etc. Act 1974.

(11) The Council may recover from the promoter all or any of the costs incurred by them in exercising any of the powers contained in this section.