Transport (Scotland) Act 2005 Explanatory Notes

Section 20 Directions as to timing of road works

66.Section 115 of the 1991 Act is amended to define and clarify the road works authority’s powers to direct the timing of road works, by giving the road works authority the power to direct the time or days or both when road works can or cannot be carried out.

67.Subsection 20(3) introduces section 115(1A) to enable a road works authority to make a direction where works have already commenced.

68.Subsection 20(6) amends section 115(4) so as to place the Scottish Ministers under a duty to produce a code of practice giving practical guidance to road works authorities in the exercise of their powers. In drawing up the code of practice the Scottish Ministers will consider the statutory obligations of undertakers and for telecom operators any OFCOM approved codes of practice under which telecom operators deliver their services.

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