Modifications etc. (not altering text)
C1Pt. 4 (ss. 107-165) modified (1.1.1993) by Pipelines Act 1962 (c. 58), s. 16(1) (as substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22), s. 168(1), Sch. 8 Pt. IV para. 101(3); S.I. 1992/2990, art. 2(2), Sch.2)
C2Pt. 4 modified (15.1.2007) by Glasgow Airport Rail Link Act 2007 (asp 1), s. 7 (with s. 50)
C3Pt. 4 modified (19.4.2007) by Edinburgh Airport Rail Link Act 2007 (asp 16), s. 12 (with ss. 52, 60)
C4Pt. 4 modified (8.5.2007) by Airdrie Bathgate Railway and Linked Improvements Act 2007 (asp 19), s. 13 (with ss. 48, 59)
C5Pt. 4 excluded (1.6.2010) by The Network Rail (Waverley Steps) Order 2010 (S.S.I. 2010/188), arts. 1, 38(6)
(1)The Secretary of State may make provision by regulations requiring an undertaker executing road works in a public road to pay a charge to the roads authority where—
(a)the duration of the works exceeds such period as may be prescribed, and
(b)the works are not completed within a reasonable period.
(2)For this purpose “a reasonable period” means such period as is agreed by the authority and the undertaker to be reasonable or, in default of such agreement, is determined [F1in the prescribed manner] to be reasonable, for completion of the works in question.
In default of agreement, the authority’s view as to what is a reasonable period shall be acted upon pending the decision of the arbiter.
(3)The regulations may provide that if an undertaker has reason to believe that the duration of works will exceed the prescribed period he may submit to the authority an estimate of their likely duration—
(a)in the case of works in connection with the initial placing of apparatus in the road in pursuance of a permission granted under section 109 (permission to execute road works), together with his application for permission,
(b)in the case of other works (not being emergency works), together with his notice under section 114 (notice of starting date), or
(c)in the case of emergency works, as soon as reasonably practicable after the works are begun,
and that the period stated in an estimate so submitted shall be taken to be agreed by the authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate.
(4)The regulations may also provide that if it appears to the undertaker that by reason of matters not previously foreseen or reasonably foreseeable the duration of the works—
(a)is likely to exceed the prescribed period,
(b)is likely to exceed the period stated in his previous estimate, or
(c)is likely to exceed the period previously agreed or determined to be a reasonable period,
he may submit an estimate or revised estimate accordingly, and that if he does so any previous estimate, agreement or determination shall cease to have effect and the period stated in the new estimate shall be taken to be agreed by the authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate.
(5)The amount of the charge shall be determined in such manner as may be prescribed by reference to the time taken to complete the works and the extent to which the surface of the road is affected by the works.
Different rates of charge may be prescribed according to the place and time at which the works are executed and such other factors as appear to the Secretary of State to be relevant.
(6)The regulations may make provision as to the time and manner of making payment of any charge.
(7)The regulations shall provide that a roads authority may reduce the amount, or waive payment, of a charge in any particular case, in such classes of case as they may decide or as may be prescribed, or generally.
(8)The first regulations for the purposes of this section shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament; subsequent regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F1Words in s. 133(2) substituted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 36(1)(2)(d), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1
(1)An undertaker executing road works shall, subject to the provisions of any scheme under this section, pay to the road works authority the prescribed fee in respect of each inspection of the works carried out by the authority.
(2)Different fees may be prescribed according to the nature or extent of the excavation or other works, the place where they are executed and such other factors as appear to the Secretary of State to be relevant.
(3)The Secretary of State may by regulations make a scheme under which undertakers pay the prescribed fee only in respect of such proportion or number of excavations or other works as may be determined in accordance with the scheme.
(4)The scheme may make provision—
(a)as to the periods and areas by reference to which the proportion or number is to be determined, and
(b)as to the intervals at which an account is to be struck between an undertaker and a road works authority and any necessary payment or repayment made;
and different provision may be made for different descriptions of undertaker and different descriptions of road works authority.
(5)Nothing in this section applies in relation to inspections in respect of which the undertaker is obliged to bear the cost under section 131(2) (inspections consequent on his failure to comply with his duties as to reinstatement).
(1)Where by reason of road works—
(a)the traffic authority makes an order or issues a notice under section 14 of the M1Road Traffic Regulation Act 1984 (temporary prohibition or restriction of traffic), or
(b)a concessionaire issues a notice under that section by virtue of section 43(4) of this Act,
the authority or concessionaire may recover from the undertaker the whole of the costs incurred by them in connection with or in consequence of the order or notice.
(2)Those costs shall be taken to include, in particular, the cost to the authority or concessionaire—
(a)of complying with any requirement to notify the public of any matter in connection with the making, issuing or operation of the order or notice, and
(b)of providing traffic signs in connection with the prohibition or restriction of traffic by the order or notice.
Modifications etc. (not altering text)
C6S. 135 applied (with modifications) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp 6), s. 7(6)(7) (with s. 75)
C7S. 135 applied (with modifications) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp 7), s. 7(6)(7) (with ss. 76, 84)
Marginal Citations
(1)Where by reason of road works the use of a road is restricted or prohibited and the diverted traffic uses as an alternative route a road of a lower classification, the undertaker shall indemnify the roads authority for the latter road in respect of costs reasonably incurred by them—
(a)in strengthening the road, so far as that is done with a view to and is necessary for the purposes of its use by the diverted traffic; or
(b)in making good any damage to the road occurring in consequence of the use by it of the diverted traffic.
(2)For this purpose the order of classification of roads, from higher to lower, is as follows:
| 1 | Trunk roads. |
| 2 | Principal roads. |
| 3 | Other classified roads. |
| 4 | Other roads. |
(3)In this section, “trunk road” and “classified road” have the meanings given by section 151 of the M2Roads (Scotland) Act 1984 and “principal road” refers to a road classified as such by the Secretary of State under section 11 of that Act.
Modifications etc. (not altering text)
C8S. 136 applied (with modifications) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp 6), s. 7(6)(7) (with s. 75)
C9S. 136 applied (with modifications) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp 7), s. 7(6)(7) (with ss. 76, 84)
Marginal Citations
(1)The Secretary of State may make provision by regulations requiring an undertaker executing road works to contribute to the costs incurred or likely to be incurred by a road works authority in works of reconstruction or re-surfacing of the road.
(2)The regulations may provide—
(a)for a contribution to the cost of particular remedial works, or
(b)for a general contribution calculated in such manner as may be prescribed.
(3)In the former case the regulations may contain provision for apportioning the liability where the need for the remedial works is attributable to works executed by more than one person.
(4)In the latter case the regulations may provide for the amount of the contribution to vary according to the nature of the road, the description and extent of the works and such other factors as appear to the Secretary of State to be relevant.
(5)The first regulations under this section shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament; subsequent regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.