LegalizeThe New Roads and Street Works Act 1991 (Commencement No.6 and Transitional Provisions and Savings) (Scotland) Order 1992
Made: 28th November 1992
The Secretary of State, in exercise of the powers conferred on him by section 170 of the New Roads and Street Works Act 1991[^f00001], and of all other powers enabling him in that behalf, hereby makes the following Order:
PART I — GENERAL
Citation and interpretation
1
- (1) This Order may be cited as the New Roads and Street Works Act 1991 (Commencement No.6 and Transitional Provisions and Savings) (Scotland) Order 1992.
- (2) In this Order—
- “the 1950 Act” means the Public Utilities Street Works Act 1950[^f00002];
- “the 1984 Act” means the Roads (Scotland) Act 1984[^f00003];
- “the 1991 Act” means the New Roads and Street Works Act 1991;
- “sewer authority” has the same meaning as in section 39(1)[^f00004] of the 1950 Act;
- “special road” has the same meaning as in section 151(1) of the 1984 Act;
- “special road authority” has the same meaning as in section 7(4) of the 1984 Act;
- “statutory undertaker” means an undertaker who is entitled to carry out road works by virtue of a statutory right.
Commencement of certain provisions of the 1991 Act
2
- (1) The provisions of the 1991 Act specified in the first column of Schedule 1 to this Order (which relates to the matters specified in the second column thereof) shall come into force on 30th November 1992.
- (2) The provisions of the 1991 Act specified in the first column of Schedule 2 to this Order (which relates to the matters specified in the second column thereof) shall come into force on 1st January 1993.
- (3) The provisions of the 1991 Act specified in the first column of Schedule 3 to this Order (which relates to the matters specified in the second column thereof) shall come into force on 1st April 1993.
PART II — TRANSITIONAL PROVISIONS AND SAVINGS
Advance Notice of certain works
3
- (1) An undertaker who has submitted a plan and section of works under section 3(1)[^f00005] of the 1950 Act on or before 31st December 1992, shall be deemed to have given an advance notice of works for the purposes of section 113 of the 1991 Act.
- (2) An undertaker who has submitted a plan and section of works under section 3(1) of the 1950 Act on or before 31st December 1992 shall be deemed to have settled a plan and section of the works for the purposes of Schedule 6 to the 1991 Act.
Notice of starting date of works
4
An undertaker who has given a notice under section 6(1)[^f00006] of the 1950 Act on or before 31st December 1992 shall be deemed to have given a notice of starting date of works for the purposes of section 114 of the 1991 Act.
Notice of emergency works
5
An undertaker who has given a notice relating to the execution of emergency works under section 6(5) of the 1950 Act on or before 31st December 1992 shall be deemed to have given a notice of emergency works under section 116 of the 1991 Act and the works executed in reliance on such a notice shall be deemed to be emergency works for the purposes of section 116 notwithstanding any of the provisions of section 111 of the 1991 Act.
Restrictions on works following substantial works carried out for road purposes
6
A road works authority shall not restrict the execution of road works in a road by notice under section 117 of the 1991 Act during the twelve months following the completion of substantial works carried out for road purposes in any case where the roads authority has on or before 31st December 1992 granted consent to an undertaker to break up or open that road under section 28(4)[^f00007] of the 1950 Act.
Protected Roads
7
Where a special road authority has on or before 31st December 1992 granted to a statutory undertaker consent to lay down or erect apparatus in any land comprised in the route of a special road, the consent of the road works authority under section 120 of the 1991 Act for the placing of that apparatus in a protected road shall not be required.
Works likely to affect other apparatus in the road
8
The provisions of section 128 of the 1991 Act shall not apply to any road works which are in hand on 1st January 1993 or in respect of which any action required under section 26[^f00008] of the 1950 Act has been taken before that date.
Duty of undertaker to reinstate
9
An undertaker shall not be subject to the provisions of section 129 of the 1991 Act if—
- (a) the road works authority has elected to execute permanent reinstatement in accordance with the provisions of the Third Schedule[^f00009] to the 1950 Act and the undertaker is treated for the purposes of paragraph 5(2) of that Schedule as having completed his works and such of the permanent reinstatement and making good as by virtue of the 1950 Act he is obliged to execute, provided that an authority electing to execute permanent reinstatement as aforesaid may not recover the cost of reinstatement from an undertaker unless the reinstatement has been completed on or before 31st December 1993 and an account has been rendered to the undertaker on or before 31st March 1994; or
- (b) the undertaker has begun permanent reinstatement on or before 31st December 1992; or
- (c) the road works authority and the undertaker have agreed on or before 31st December 1992 that the road works authority should execute permanent reinstatement and the reinstatement is executed in accordance with that agreement.
Measures necessary where apparatus affected by major works
10
The provisions of sections 143(1), (3) and (4) and 144 of the 1991 Act shall not apply in any case where, on or before 31st December 1992, a roads, bridge or transport authority have given to an undertaker a notice of intention to execute works in accordance with paragraph 2(1) of Part I of the Fourth Schedule[^f00010] to the 1950 Act and has accepted that undertaker’s notice given under paragraph 3 of that Schedule as a specification of works and measures necessary to protect the undertaker’s apparatus.
Reinstatement affected by subsequent works
11
Subsections (5) to (8) of section 132 of the 1991 Act shall apply to reinstatements carried out in accordance with section 7[^f00011] of, and the Third Schedule to, the 1950 Act.
Savings
12
Notwithstanding the repeal of the 1950 Act by section 168(2) of, and Schedule 9 to, the 1991 Act, sections 7, 8[^f00012], 9[^f00013] and 10[^f00014] of, and the Third Schedule to, the 1950 Act shall continue to apply to permanent reinstatements begun by an undertaker on or before 31st December 1992 and to permanent reinstatements carried out by a road works authority in the circumstances set out in article 9(a) of this Order.
13
Sections 10(1) and 12(4)[^f00015] of the 1950 Act shall continue to apply to road works executed by a transport authority or a sewer authority which were begun on or before 31st December 1992.
14
Section 16 of the 1950 Act shall continue in force in relation to agreements to which that section applies which are made on or before 31st December 1992.
15
Section 8 of the 1950 Act shall continue in force until 31st March 1993 in relation to road works whether or not they were begun before 1st January 1993.
SCHEDULE 1 — Provisions of the 1991 Act which come into force on 30th November 1992
| Provisions of the Act | Subject Matter |
|---|---|
| In section 112, subsections (1), (2) and (3) | The road works register and Regulations in relation thereto |
| Section 114 for the purpose of making Regulations | Notice of starting date of works |
| Section 116 | Notice of emergency works |
| Section 117 | Restriction on works following substantial works carried out for road purposes |
SCHEDULE 2 — Provisions of the 1991 Act which come into force on 1st January 1993
| Provisions of the Act | Subject Matter |
|---|---|
| Section 109 | Permission to execute road works |
| Section 110 | Prohibition of unauthorised road works |
| Section 114 for all purposes other than the making of Regulations | Notice of starting date of works |
| In section 118, subsections (1), (2), (4), (5) and (6) | General duty of road works authority to co-ordinate works |
| In section 119, subsections (1) and (3) | General duty of undertakers to co-operate |
| Section 120 | Protected roads |
| Section 125 | Avoidance of unnecessary delay or obstruction |
| Section 127 | Facilities to be afforded to road works authorities |
| Section 128 | Works likely to affect other apparatus in the road |
| In section 129, subsections (1), (2), (3), (5), (6) and (7) | Duty of undertaker to reinstate |
| Section 131 | Power of road works authority in relation to reinstatement |
| Section 132 | Reinstatement affected by subsequent works |
| Section 133 | Charge for occupation of the road where works unreasonably prolonged |
| Section 135 | Liability for cost of temporary traffic regulation |
| Section 136 | Liability for cost of use of alternative route |
| Section 137 | Contributions to costs of making good long-term damage |
| In section 140, subsections (1), (2), (5), (6) and (7) | Duty to maintain apparatus |
| Section 141 | Liability for damage or loss caused |
| Section 142 | Works for road purposes likely to affect apparatus in the road |
| In section 143, subsections (1), (3) and (4) | Measures necessary where apparatus affected by major works |
| Section 147 | Bridges, bridge authorities and related matters |
| Section 148 | Sewers |
| Section 149 | Provisions as to reinstatement of sewers, drains or tunnels |
| Section 150 | Transport authorities, transport undertakings and related matters |
| Section 151 | Special precautions as to displaying of lights |
| Section 152 | Works affecting level crossings or tramways |
| Section 153 | Power of road works authority or district council to undertake road works |
| Section 154 | Offences |
| Section 155 | Recovery of costs or expenses |
| Section 159 | Agreements inconsistent with the provisions of Part IV of the 1991 Act |
| Section 160 | Effect of Part IV of the 1991 Act on certain existing special enactments or instruments |
| Section 161 | Effect of Part IV of the 1991 Act on other existing enactments or instruments |
| Section 162 | Former controlled land |
| Section 166 in so far as it has not already been commenced | Offences by bodies corporate or Scottish partnerships |
| Section 168 in so far as it relates to the provisions of Schedules 8 and 9 of the 1991 Act referred to in this Schedule | Minor and consequential amendments and repeals |
| Schedule 7 | Procedure for making certain Orders under Part IV of the 1991 Act |
| Schedule 8 in so far as it relates to Scotland and has not already been commenced | Minor and consequential amendments |
| Schedule 9 in so far as it relates to Scotland and has not already been commenced | Repeals |
SCHEDULE 3 — Provisions of the 1991 Act which come into force on 1st April 1993
| Provisions of the Act | Subject matter |
|---|---|
| In section 124, subsections (1), (2), (4), (5) and (6) | Safety measures |
Signed
James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 28th November 1992
Explanatory note
(This note is not part of the Order)
Article 2 (1) brings into force on 30th November 1992 those provisions of the New Roads and Street Works Act 1991 (“the 1991 Act”) which are specified in Schedule 1 to the Order. Article 2(2) brings into force on 1st January 1993 those provisions of the 1991 Act specified in Schedule 2 to the Order. Article 2(3) brings into force on 1st April 1993 those provisions of the 1991 Act specified in Schedule 3 to the Order.
The remaining articles of the Order make transitional provisions and keep in force for limited purposes certain provisions of the Public Utilities Street Works Act 1950 which is repealed by section 168 of, and Schedule 9 to the 1991 Act as from 1st January 1993.
Footnotes
[^f00001]: 1991 c. 22.
[^f00002]: 1950 c. 39.
[^f00003]: 1984 c. 54.
[^f00004]: Section 39(1) was amended by the Roads (Scotland) Act 1984, Schedule 9, paragraph 39(32).
[^f00005]: Section 3(1) was amended by the Roads (Scotland) Act 1984, Schedule 9, paragraph 39(4)(a).
[^f00006]: Section 6(1) was amended by the Telecommunications Act 1984 (c. 12), Schedule 4, paragraph 29(2) and by the Roads (Scotland) Act 1984, Schedule 9, paragraph 39(7)(a).
[^f00007]: Section 28(4) was amended by the Roads (Scotland) Act 1984, Schedule 9, paragraph 39(24)(c).
[^f00008]: Section 26 was amended by the Criminal Procedure (Scotland) Act 1975 (c. 21), section 289F and 289G, by the Telecommunications Act 1984, Schedule 4, paragraph 29(2) and by the Roads (Scotland) Act 1984, Schedule 9, paragraph 39(22).
[^f00009]: The Third Schedule was amended by the Telecommunications Act 1984, Schedule 4, paragraph 29(2) and by the Roads (Scotland) Act 1984, Schedule 9, paragraph 39(35).
[^f00010]: The Fourth Schedule was amended by the Roads (Scotland) Act 1984, Schedule 9, paragraph 39(36).
[^f00011]: Section 7 was amended by the Roads (Scotland) Act 1984, Schedule 9, paragraph 39(8).
[^f00012]: Section 8 was amended by the Roads (Scotland) Act 1984, Schedule 9, paragraph 39(9).
[^f00013]: Section 9 was amended by the Roads (Scotland) Act 1984, Schedule 9, paragraph 39(10).
[^f00014]: Section 10 was amended by the Telecommunications Act 1984, Schedule 4, paragraph 29(2) and by the Roads (Scotland) Act 1984, Schedule 9, paragraph 39(11).
[^f00015]: Section 12(4) was amended by the Roads (Scotland) Act 1984, Schedule 9, paragraph 39(13)(d).
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