Part IV U.K. Road works in Scotland

Modifications etc. (not altering text)

C1 Pt. 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)

C2 Pt. 4 modified (15.1.2007) by Glasgow Airport Rail Link Act 2007 (asp 1), s. 7 (with s. 50)

C3 Pt. 4 modified (19.4.2007) by Edinburgh Airport Rail Link Act 2007 (asp 16), s. 12 (with ss. 52, 60)

C4 Pt. 4 modified (8.5.2007) by Airdrie Bathgate Railway and Linked Improvements Act 2007 (asp 19), s. 13 (with ss. 48, 59)

C5 Pt. 4 excluded (1.6.2010) by The Network Rail (Waverley Steps) Order 2010 (S.S.I. 2010/188), arts. 1, 38(6)

Notice and co-ordination of works S

118 General duty of road works authority to co-ordinate works. S

(1) A road works authority shall use their best endeavours to co-ordinate the execution of works of all kinds (including works for road purposes) in the roads for which they are responsible—

(a) in the interests of safety,

(b) to minimise the inconvenience to persons using the road (having regard, in particular, to the needs of people with a disability), and

(c) to protect the structure of the road and the integrity of apparatus in it.

(2) That duty extends to co-ordination with other road works authorities where works in a road for which one authority are responsible affect roads for which other authorities are responsible.

[F1 (2A) In discharging their duty under this section, a road works authority shall have regard to all information in the SRWR which relates to the functions of the authority.

(2B) A road works authority shall, so as to maximise the utility of that information for the purposes of subsection (2A)—

(a) assist the Commissioner in complying with the duty imposed by subsection (1) of section 112A (as read with subsection (2) of that section), and

(b) keep that information under surveillance.]

(3) The Secretary of State shall issue or approve for the purposes of this section codes of practice giving practical guidance as to the matters mentioned above; and in discharging their general duty of co-ordination [F2 and the specific duties imposed by subsections (2) to (2B)] a road works authority shall have regard to any such code of practice.

[F3 (3A) In discharging all the duties referred to in subsection (3), a road works authority shall have regard also to such guidance as is contained in the practice referred to in section 17(4)(b) of the Transport (Scotland) Act 2005 (asp 12).]

(4) If it appears to the [F4 Commissioner] that a road works authority are not properly discharging their general duty of co-ordination, he may direct the authority to supply him with such information as he considers necessary to enable him to decide whether that is the case and if so what action to take.

The direction shall specify the information to be provided and the period within which it is to be provided.

(5) If after the end of that period (whether or not the direction has been complied with) it appears to the [F5 Commissioner] that the authority are not properly discharging their general duty of co-ordination, he may direct the authority to take such steps as he considers appropriate for the purpose of discharging that duty.

The direction shall specify the steps to be taken and the period within which they are to be taken, and may include a requirement to make a report or periodic reports to the [F5 Commissioner] as to what steps have been taken and the results of taking them.

(6) A direction under this section may be varied or revoked by a further direction.

Textual Amendments

F1 S. 118(2A)(2B) inserted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 23(2), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1 (as amended (5.3.2008) by S.S.I. 2008/90, art. 2)

F2 Words in s. 118(3) inserted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 23(3), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1

F3 S. 118(3A) inserted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 23(4), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1

F4 Words in s. 118(4) substituted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 23(5), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1

F5 Words in s. 118(5) substituted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 23(5), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1

Modifications etc. (not altering text)

C6 S. 118: 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)

C7 S. 118 applied (with modifications) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp 6), s. 7(6)(7) (with s. 75)

C8 S. 118 applied (with modifications) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp 7), s. 7(6)(7) (with ss. 76, 84)

Commencement Information

I1 S. 118 wholly in force; s. 118(1)(2)(4)-(6) in force at 1.1.1993, see s. 170 and S.I. 1992/2990, art. 2(2), Sch. 2; s. 118(3) in force at 14.7.1992 by S.I. 1992/1671, art. 2, Sch.