The Road Works (Maintenance) (Scotland) Regulations 1992

• Citation: S.I. 1992/1673
• Sections: 4

Section 1

These Regulations may be cited as the Road Works (Maintenance) (Scotland) Regulations 1992 and shall come into force on 1st January 1993.

Section 2

In these Regulations—

“ the Act ” means the New Roads and Street Works Act 1991;

“relevant apparatus” means manholes or other surface boxes and covers at or about the level of the road surface and manhole chambers, tunnels and other structures affecting the integrity of the structure of the road.

Section 3

If an undertaker fails to give the road works authority the facilities required by section 140(1) of the Act in relation to relevant apparatus, the road works authority may execute such works as are needed to enable them to inspect the relevant apparatus in such cases where they have reasonable cause to believe, by reason of subsidence or disturbance of the road surface, that the undertaker’s apparatus has not been maintained in accordance with that subsection.

Section 4

If an undertaker fails to secure that its relevant apparatus is maintained to the reasonable satisfaction of a road works authority in accordance with section 140(1) of the Act, the road works authority may execute any emergency works needed in consequence of the failure in such cases where they have made an inspection in accordance with regulation 3 above and have found that the relevant apparatus has not been so maintained.