Modifications etc. (not altering text)
C1Sch. 6 modified (28.11.1992) by S.I. 1992/2990, art. 3(2)
12(1)This paragraph applies where road works have been executed in a road with special engineering difficulties without a plan and section having been settled with the road works authority or another relevant authority, whether the works were executed in contravention of paragraph 2 above or were emergency works.S
(2)The authority in question may, by notice to the undertaker, object to any of the works; and after affording the undertaker an opportunity to enter into an agreement with them for meeting the objection, may refer the matter to [F1be settled in the prescribed manner].
(3)The [F2person to whom it falls to settle the matter] may direct the alteration of the works to conform to a plan and section settled by him, or the removal of any apparatus placed in the execution of the works, and the undertaker shall comply with any such direction.
(4)In settling the terms of any such direction [F3that person] shall satisfy himself that compliance with it will not involve any undue interruption or restriction of the supply or service for the purposes of which the works were executed.
(5)If an undertaker fails to execute works in accordance with a direction under this paragraph, he commits an offence and is liable on summary conviction to a fine not exceeding [F4level 5] on the standard scale.
Textual Amendments
F1Words in Sch. 6 para. 12(2) substituted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 36(5)(b)(i), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1
F2Words in Sch. 6 para. 12(3) substituted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 36(5)(b)(ii), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1
F3Words in Sch. 6 para. 12(4) substituted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 36(5)(b)(iii), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1
F4Words in Sch. 6 para. 12(5) substituted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), s. 54(2), sch. 3; S.S.I. 2008/15, art. 2(2), sch. 1