Part IV Road works in Scotland
Charges, fees and contributions payable by undertakers
137 Contributions to costs of making good long-term damage.
(1)
The Secretary of State may make provision by regulations requiring an undertaker executing road works to contribute to the costs incurred or likely to be incurred by a road works authority in works of reconstruction or re-surfacing of the road.
(2)
The regulations may provide—
(a)
for a contribution to the cost of particular remedial works, or
(b)
for a general contribution calculated in such manner as may be prescribed.
(3)
In the former case the regulations may contain provision for apportioning the liability where the need for the remedial works is attributable to works executed by more than one person.
(4)
In the latter case the regulations may provide for the amount of the contribution to vary according to the nature of the road, the description and extent of the works and such other factors as appear to the Secretary of State to be relevant.
(5)
The first regulations under this section shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament; subsequent regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.