- Latest available (Revised)
- Point in Time (30/01/2021)
- Original (As enacted)
Point in time view as at 30/01/2021.
New Roads and Street Works Act 1991, Section 117 is up to date with all changes known to be in force on or before 10 September 2024. 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(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 [F1entered 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 [F2so entered], or first [F2so 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 [F3a public sewer] in the part of the road to which the restriction relates, to [F4Scottish 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 [F5level 5] on the standard scale, and
(b)[F6if 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 [F7in 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
F1Words 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
F2Words 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
F3Words 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
F4Words 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
F5Words 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
F6Words 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
F7Words 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
F8S. 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)
C1S. 117 restricted (28.11.1992) by S.I. 1992/2990, art. 6
C2S. 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)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: