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Roads (Scotland) Act 1984, Cross Heading: Miscellaneous is up to date with all changes known to be in force on or before 18 August 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.
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(1)As regards any road, the following things shall be kept in good condition and repair by their owners or occupiers or by occupiers of the premises to which the thing belong—
(a)every vault, arch, cellar and tunnel under the road;
(b)every opening into any such vault, arch, cellar or tunnel from the surface of the road;
(c)every door or cover (whether fixed or removable) to any such opening;
(d)every pavement light in the surface of the road; and
(e)every wall or other structure supporting any such vault, arch, cellar, tunnel, door or cover.
(2)Where an owner or occupier is in contravention of sub-section (1) above the roads authority may by notice to him require him within 28 days of the date of service of the notice to replace, repair or put into good condition the thing in respect of which the contravention arises.
(3)A person upon whom a notice has been served under subsection (2) above may, within the 28 days mentioned in that subsection, refer the matter by summary application to the sheriff; and the decision of the sheriff on the matter shall be final.
(4)A local roads authority may, if they think fit, pay the whole or any part of any expenditure incurred by a person in complying with subsection (1) or (2) above.
Modifications etc. (not altering text)
C1S. 66: power to contract out functions of Secretary of State (16.3.1996) by S.I. 1996/878, art. 2, Sch. para. 5(t)
Where a door, gate, window, window shutter or bar opens outward into a road so as to interfere with the safety or convenience of road users the roads authority may by notice to the owner or occupier of the premises to which the thing belongs require him within such period as may be specified in the notice to take such steps as will ensure that such interference no longer occurs.
Modifications etc. (not altering text)
C2S. 67: power to contract out functions of Secretary of State (16.3.1996) by S.I. 1996/878, art. 2, Sch. para. 5(u)
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