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)
(1)In this Part “the road works authority” in relation to a road means, subject to the following provisions—
(a)if the road is a public road, the roads authority, and
(b)if the road is not a public road, the road managers.
(2)In the case of a road for which the Secretary of State is the roads authority but in relation to which a local roads authority acts as his agent under section 4 of the Roads (Scotland) Act 1984, the local roads authority shall be regarded as the road works authority for the purposes of section 112 (the road works register) and sections 113 to 119 (advance notice and co-ordination of works).
(3)Subsection (1)(b) has effect subject to section 146 as regards the application of this Part to prospective public roads.
(4)In this Part the expression “road managers”, used in relation to a road which is not a public road, means the authority, body or person liable to the public to maintain or repair the road or, if there is none, any authority, body or person having the management or control of the road.
(5)The Secretary of State may by regulations make provision for exempting road managers from provisions of this Part which would otherwise apply to them as the road works authority in relation to a road.
(6)References in this Part to the relevant authorities in relation to any road works are to the roads authority and also—
(a)where the works include the breaking up or opening in the road of [F1a public sewer, Scottish Water;]
(b)where the road is carried or crossed by a bridge vested in a transport authority, or crosses or is crossed by any other property held or used for the purposes of a transport authority, that authority; and
(c)where in any other case the road, not being a public road, is carried or crossed by a bridge, the bridge authority.
Textual Amendments
F1Words in s. 108(6)(a) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp. 3), s. 71, Sch. 7 para. 21(2) (with s. 67); S.S.I. 2002/118, art. 2