Version Superseded: 01/01/1993
Point in time view as at 01/02/1991. This version of this provision has been superseded.
Roads (Scotland) Act 1984, Section 59 is up to date with all changes known to be in force on or before 09 March 2025. 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.
(1)Subject to subsection (6) below, nothing shall be placed or deposited in a road so as to cause an obstruction except with the roads authority’s consent in writing and in accordance with any reasonable conditions which they think fit to attach to the consent.
(2)A person who contravenes subsection (1) above commits an offence.
(3)Without prejudice to subsection (2) above, a person who contravenes subsection (1) above may be required by the roads authority or by a constable in uniform to remove the obstruction forthwith, and commits an offence if he fails to do so.
(4)Where—
(a)a requirement under subsection (3) above is not complied with;
(b)the person who placed or deposited the obstruction cannot be readily traced; or
(c)the case is one of emergency,
the roads authority or a constable may remove the obstruction (or cause it to be removed) and recover such expenses as are reasonably incurred in so doing from the said person.
(5)Subsections (8) and (9) of section 56 of this Act shall apply in relation to anything removed under subsection (4) above as they apply in relation to anything removed under subsection (7) of that section, except that where the removal is by a constable the said subsections (8) and (9) shall be read as if any reference therein to the roads authority were a reference to the police authority.
(6)The foregoing provisions of this section do not apply—
(a)where section 58, 85 or 86 of this Act or section 2 of the M1Refuse Disposal (Amenity) Act 1978 (penalty for unauthorised dumping of motor vehicles etc.) applies; or
(b)to works to which the street works code, as contained in the M2Public Utilities Street Works Act 1950, applies.
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