The Secretary of State’s Trunk Road Functions (Contracting Out) (Scotland) Order 1996
Citation, commencement and extent1.
This Order may be cited as the Secretary of State’s Trunk Road Functions (Contracting Out) (Scotland) Order 1996, shall extend to Scotland only and shall come into force on the day after the date on which it is made.
Contracting out of functions2.
Any function of the Secretary of State specified in the Schedule to this Order may be exercised by, or by employees of, such persons (if any) as may be authorised in that behalf by the Secretary of State.
St Andrew’s House,
Edinburgh
SCHEDULEFUNCTIONS WHICH MAY BE CONTRACTED OUT
1.
2.
3.
4.
5.
(a)
section 2(1) (powers and duties of the Secretary of State with respect to trunk roads etc);
(b)
section 4(1) (power of the Secretary of State to enter into agreements with local roads authorities for them to carry out his functions as roads authority for trunk roads etc) but only for carrying out those roads authority functions specified in sub-paragraph (a) above and sub-paragraphs (c) to (aj) below;
(c)
section 24 (power of roads authority to alter levels of roads);
(d)
section 25 (duty of roads authority to provide footways);
(e)
section 28 (power of roads authority to provide fences etc to safeguard users of roads);
(f)
section 29 (further provisions as to fences etc);
(g)
section 30 (power of roads authority to provide barriers or other works for protecting roads against hazards of nature);
(h)
section 34 (duty of roads authority with respect to snow and ice on roads);
(i)
(j)
section 50 (power of roads authority to plant trees, shrubs etc within road boundary);
(k)
section 51 (power of roads authority to consent to persons planting trees, shrubs etc within road boundary);
(l)
(m)
(n)
section 58 (power of roads authority to permit occupation of parts of roads for deposit of building materials etc);
(o)
(p)
(q)
(r)
section 63 (power of roads authorities with respect of new accesses over verges and footways);
(s)
section 64 (power of roads authority to consent to statutory undertakers using appliances or vehicles on footways, footpaths and cycle tracks);
(t)
section 66 (power of roads authorities with respect to maintenance of vaults and cellars etc under roads);
(u)
section 67 (power of roads authority with respect to doors etc opening outwards into roads);
(v)
(w)
section 86 (power of roads authority to remove or reposition builders' skips and to recover the expenses thereof);
(x)
section 87 (power of roads authority with respect to unauthorised structures erected on roads);
(y)
section 88 (power and duty of roads authority with respect to projections impeding or endangering road users);
(z)
section 89 (power and duty of roads authority with respect to accidental obstructions in roads);
(aa)
section 90 (power of roads authority to consent to placing bridges, beams, rails, pipes, cables etc over roads);
(ab)
section 91 (power of roads authority to prevent danger to roads from nearby vegetation and fences etc or from inadequate retaining walls) except sub-section (5);
(ac)
section 92 (power of roads authority with respect to trees etc planted within 5 metres of edge of carriageways);
(ad)
section 93 (power of roads authority to protect road users from roadside dangers);
(ae)
section 94(1)(a) (power of roads authority, with consent of owners and occupiers, to fill in unnecessary roadside ditches);
(af)
section 95 (power of roads authority to recover expenses of removing mud etc deposited from vehicles onto roads so as to be dangerous);
(ag)
(ah)
section 99 (power of roads authority with respect to the prevention of flow of water etc onto roads);
(ai)
section 120 (duty of road authority to have regard to the needs of disabled and blind persons when executing works etc in roads);
(aj)
section 141 (power of roads authority to execute works etc on default of person required to do so) but only in relation to those functions specified in the foregoing sub-paragraphs of this paragraph.
6.
(a)
section 109 (power of road works authority to permit execution of works and power to substitute existing permission with new one);
(b)
(c)
section 115 (power of road works authority to give directions as to timing of road works);
(d)
section 117 (power of road works authority to restrict road works following substantial works carried out for road purposes);
(e)
section 118 (duty of road works authority to co-ordinate execution of works of all kinds on roads);
(f)
section 122 (power of road works authority to designate roads as having special engineering difficulties);
(g)
section 123 (power of road works authority to designate roads as traffic sensitive);
(h)
section 131 (power of road works authority with respect to reinstatement of roads by undertakers).
7.
This Order empowers the Secretary of State to contract out certain of his functions in relation to trunk roads so that these may be exercised by such persons as he may authorise.
The functions which may be contracted out are specified in the Schedule to this Order.