New Roads and Street Works Act 1991

117 Restriction on works following substantial works carried out for road purposes. S

(1) Where it is proposed to carry out substantial works in a road, the road works authority may by notice in accordance with this section restrict the execution of road works during the twelve months following the completion of those works.

For this purpose substantial works means works for road purposes, or such works together with other works, of such description as may be prescribed.

(2) The notice shall be [F1 entered in the SRWR] and shall specify the nature and location of the proposed works, the date (not being less than three months after the notice is [F2 so entered], or first [F2 so entered]) on which it is proposed to begin the works, and the extent of the restriction.

(3) A copy of the notice shall be given to each of the following—

(a) where there is [F3 a public sewer] in the part of the road to which the restriction relates, to [F4 Scottish Water]

(b) where the part of the road to which the restriction relates 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, to that authority,

(c) where in any other case the part of the road to which the restriction relates is carried or crossed by a bridge, to the bridge authority,

(d) any person who has given notice under section 113 (advance notice of certain works) of his intention to execute road works in the part of the road to which the restriction relates, and

(e) any other person having apparatus in the part of the road to which the restriction relates;

but a failure to do so does not affect the validity of the restriction imposed by the notice.

(4) A notice ceases to be effective if the works to which it relates are not substantially begun—

(a) on or within one month from the date specified in the notice, or

(b) where road works are in progress in the part of the road to which the restriction relates on that date, within one month from the completion of those works.

(5) An undertaker shall not in contravention of a restriction imposed by a notice under this section break up or open the part of the road to which the restriction relates, except—

(a) to execute emergency works,

(b) with the consent of the road works authority, or

(c) in such other cases as may be prescribed.

(6) If he does—

(a) he commits an offence and is liable on summary conviction to a fine not exceeding [F5 level 5] on the standard scale, and

(b) [F6 if convicted of an offence under this subsection,] he is liable to reimburse the road works authority any costs reasonably incurred by them in reinstating the road.

(7) The consent of the road works authority under subsection (5)(b) shall not be unreasonably withheld; and any question whether the withholding of consent is unreasonable shall be settled [F7 in the prescribed manner].

(8) An undertaker shall be taken not to have failed to fulfil any statutory duty to afford a supply or service if, or to the extent that, his failure is attributable to a restriction imposed by a notice under this section.

[F8 (9) The Scottish Ministers may issue or approve for the purposes of this section a code of practice giving practical guidance as to the performance by road works authorities of their functions under this section; and in carrying out those functions a road works authority shall have regard to the code of practice.]

Textual Amendments

F1 Words in s. 117(2) substituted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 19(6)(a), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1

F2 Words in s. 117(2) substituted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 19(6)(b), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1

F3 Words in s. 117(3)(a) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 21(4)(a) (with s. 67); S.S.I. 2002/118, art. 2

F4 Words in s. 117(3)(a) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 21(4)(b) (with s. 67); S.S.I. 2002/118, art. 2

F5 Words in s. 117(6) 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

F6 Words in s. 117(6)(b) inserted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 22(1)(b), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1

F7 Words in s. 117(7) substituted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 36(1)(2)(a), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1

F8 S. 117(9) inserted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 22(1)(c), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1

Modifications etc. (not altering text)

C1 S. 117 restricted (28.11.1992) by S.I. 1992/2990, art. 6

C2 S. 117: power to contract out functions of the Secretary of State conferred (16.3.1996) by S.I. 1996/878, art. 2, Sch. para. 6(e)