Part IV Road works in Scotland
Notice and co-ordination of works
118 General duty of road works authority to co-ordinate works.
(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 F2and 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 F4Commissioner 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 F5Commissioner 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 F5Commissioner 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.