Roads (Scotland) Act 1984

141 Power of roads authority to execute works etc. on default of person required to do so. S

(1) Where by notice under this Act a roads authority require works or excavations to be executed within a specified period then, subject to subsection (3) below, if those works or excavations are not timeously executed they may themselves execute them:

Provided that this section does not apply as regards any particular such requirement for which this Act makes express provision analogous to the foregoing provisions of this subsection.

(2) Subsections (6) and (7) of section 140 of this Act shall apply in relation to works or excavations executed by a roads authority under subsection (1) above and to the person who had been required to execute the works or excavations as those subsections apply to entry and inspection under subsection (1)(f) of that section and to the person who has been granted the consent or authorisation.

(3) The roads authority may in writing grant an extension of the period specified in any such notice as is mentioned in subsection (1) above.

(4) In the application to the foregoing provisions of this section of the definition of “works” in section 151(1) of this Act the expression shall also include such—

(a) removal and reinstatement as is mentioned in section 51(3) or 87(1);

(b) steps as are mentioned in section 57(1), 67 or 93(2);

(c) replacement, repair or putting into good condition as is mentioned in section 66(2);

(d) alteration as is mentioned in section 83(1);

(e) work as is mentioned in section 91(1) or (2); and

(f) removal as is mentioned in section 92(2),

of this Act.

Modifications etc. (not altering text)

C1 S. 141: power to contract out functions of Secretary of State (16.3.1996) by S.I. 1996/878, art. 2, Sch. para. 5(aj)