New Roads and Street Works Act 1991

129 Duty of undertaker to reinstate. S

(1) It is the duty of the undertaker by whom road works are executed to reinstate the road.

(2) He shall begin the reinstatement as soon after the completion of any part of the road works as is reasonably practicable and shall carry on and complete the reinstatement with all such dispatch as is reasonably practicable.

(3) He shall before the end of the next working day after the day on which the reinstatement is completed [F1 give the required notice] that he has completed the reinstatement of the road, stating whether the reinstatement is permanent or interim.

(4) If it is interim, he shall complete the permanent reinstatement of the road as soon as reasonably practicable and in any event within six months (or such other period as may be prescribed) from the date on which the interim reinstatement was completed; and he shall [F2 give the required notice] when he has done so.

(5) The permanent reinstatement of the road shall include, in particular, the reinstatement of features designed to assist people with a disability.

[F3 (5A) For the purposes of subsection (3) or (4) an undertaker gives the required notice by—

(a) giving to the Commissioner a notice containing such information as may be prescribed, and

(b) entering in the SRWR a copy of that notice.]

(6) An undertaker who fails to comply with any provision of this section commits an offence and is liable on summary conviction to a fine not exceeding [F4 level 5] on the standard scale.

(7) In proceedings against a person for an offence of failing to comply with subsection (2) it is a defence for him to show that any delay in reinstating the road was in order to avoid hindering the execution of other works, or other parts of the same works, to be undertaken immediately or shortly thereafter.

Textual Amendments

F1 Words in s. 129(3) substituted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 28(a), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1

F2 Words in s. 129(4) substituted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 28(b), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1

F3 S. 129(5A) inserted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 28(c), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1

F4 Words in s. 129(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

Modifications etc. (not altering text)

C1 S. 129 excluded (28.11.1992) by S.I. 1992/2990, art. 9

Commencement Information

I1 S. 129 wholly in force: s. 129(1)-(3)(5)-(7) in force at 1.1.1993, see s. 170 and S.I. 1992/2990, art. 2(2), Sch. 2; s. 129(4) in force at 14.7.1992 by S. I. 1992/1671, art. 2, Sch.