New Roads and Street Works Act 1991 in Scotland
1991 c. 22 · Enacted 27 June 1991 · Extends to United Kingdom
E1C1C2An Act to amend the law relating to roads so as to enable new roads to be provided by new means; to make new provision with respect to street works and, in Scotland, road works; and for connected purposes.
[27th June 1991]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C3C4C5C6C7C8C9C10C11C12C13C14
Annotations to the whole text
Modifications
- C1
Certain functions of the Act made exercisable by, or by employees of, such person (if any) as may be authorised by the Secretary of State for Transport (E.W.) (25.7.1995) by S.I. 1995/1986 art. 2, Sch. 2
Act (except s. 167(3)): transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
- C2
Act: extended (E.W.S.) (30.4.1999) by S.I. 1999/1306, art. 27(5)(b)
- C3
Act excluded (E.W.S.) (26.8.2005) by The River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), arts. 1, 10(6) (with arts. 45(1), 48, Sch. 10 paras. 21, 29)
- C4
Act applied (28.9.2007) by The London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), arts. 1, 3(2) (with arts. 19, 28, Sch. 3 para. 13(2))
- C5
Act: functions made exercisable as specified (24.3.2009) by The Contracting Out (Highway Functions) Order 2009 (S.I. 2009/721), arts. 1, 3, Sch. 2
- C6
Act applied in part (E.W.) (1.3.2013) by The Traffic Management (Royal Borough of Kingston upon Thames) Permit Scheme Order 2012 (S.I. 2012/3104), arts. 1, 2, Sch., Appendix B2
- C7
Act: functions made exercisable as specified (E.) (1.4.2015) by The Delegation of Functions (Strategic Highways Companies) (England) Regulations 2015 (S.I. 2015/378), regs. 1(1), 3, Sch. 2 para. 1
- C8
Act applied (with modifications) (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 10(2)(j) (with arts. 37, 38)
- C9
Pt. 3 modified (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 4(1) (with art. 32(2))
- C10
Act applied (with modifications) (E.W.) (22.7.2020) by The Norfolk Vanguard Offshore Wind Farm Order 2020 (S.I. 2020/706), arts. 1, 14(2)(h) (with arts. 41, 42, Sch. 16 para. 66)
- C11
Act applied (with modifications) (22.1.2021) by The Hornsea Three Offshore Wind Farm Order 2020 (S.I. 2020/1656), arts. 1, 9(2)(h) (with arts. 40, 41, Sch. 9 Pt. 5 para. 18)
- C12
Act applied (with modifications) (E.W.S.) (22.4.2022) by The East Anglia ONE North Offshore Wind Farm Order 2022 (S.I. 2022/432), arts. 1(2), 9(1)(2)(h) (with arts. 40, 41)
- C13
Act applied in part (with modifications) (E.W.S.) (22.4.2022) by The East Anglia TWO Offshore Wind Farm Order 2022 (S.I. 2022/433), arts. 1(2), 9(1)(2)(h) (with arts. 40, 41)
- C14
Act applied (5.6.2026) by The North Falls Offshore Wind Farm Order 2026 (S.I. 2026/567), art. 1, Sch. 14 para. 138(7) (with arts. 44, 45, Sch. 14)
Extent
- E1
Act except specified provisions does not extend to Northern Ireland see s. 169(3).
Contents
- Part I: New Roads in England and Wales
- 1Concession agreements.
- 2Exercise of highway functions by concessionaire.
- 3Provisions as to traffic regulation.
- 4Leasing of land to concessionaire.
- 5Transfer or termination of concession.
- 6Toll orders.
- 7The toll period.
- 8Amount of tolls chargeable by concessionaire.
- 9Amount of tolls chargeable by highway authority.
- 11Variation or revocation of toll order.
- 12Extension toll orders.
- 14Collection of tolls.
- 15Refusal or failure to pay tolls.
- 16Facilities for collection of tolls.
- 17Restriction of access to toll roads.
- 18Annual report on concession agreements and toll orders.
- 19Environmental assessment of projects involving special roads.
- 20Classification of traffic for purposes of special roads.
- 21Certain special roads not necessarily trunk roads.
- 22Adoption of privately constructed roads.
- 23Execution of works by highway authority at expense of another.
- 24Exercise of road traffic regulation powers.
- 25Application of provisions of the Highways Act 1980, &c.
- 26Interpretation.
- Part II: New Roads in Scotland
- Toll Roads
- 27Toll orders.
- 28Assignation of rights under a toll order.
- 29The toll period.
- 30Extension toll orders.
- 31Amount of tolls chargeable.
- 32Toll order in respect of major crossings.
- 33Application of enactments relating to monopolies, &c.
- 34Variation or revocation of toll order.
- 35Transfer or termination of assignation.
- Further provision with respect to tolls
- 36Further provision as to charging of tolls.
- 37Collection of tolls.
- 38Refusal or failure to pay tolls.
- 39Facilities for collection of tolls.
- 40Restriction of access to toll roads.
- Report
- 41Report on toll roads and toll orders in Scotland.
- Supplementary provisions
- 42Environmental assessment of projects involving special roads.
- 43Provisions as to traffic regulation.
- 44Exercise of road traffic regulation powers.
- 45Classification of traffic for purposes of special roads.
- 46Special roads not necessarily to be trunk roads.
- 47The Roads (Scotland) Act 1984 and the interpretation of Part II.
- Part III: Street works in England and Wales
- 49The street authority and other relevant authorities.
- 50Street works licences.
- 52Emergency works.
- 61Protected streets.
- 62Supplementary provisions as to designation of protected streets.
- 63Streets with special engineering difficulties.
- 65Safety measures.
- 67Qualifications of supervisors and operatives.
- 70Duty of undertaker to reinstate.
- 71Materials, workmanship and standard of reinstatement.
- 72Powers of street authority in relation to reinstatement.
- 73Reinstatement affected by subsequent works.
- Inspections
- 73FGuidance about street authority inspections
- 74ACharge determined by reference to duration of works.
- 74BRegulations under section 74 and regulations and orders under section 74B
- 78Contributions to costs of making good long-term damage.
- 79Records of location of apparatus. Information in relation to apparatus
- 80Duty to inform undertakers of location of apparatus. Duties to report missing or incorrect information in relation to apparatus.
- Other duties and liabilities of undertakers in relation to apparatus
- 81Duty to maintain apparatus.
- 82Liability for damage or loss caused.
- 83Works for road purposes likely to affect apparatus in the street.
- 84Measures necessary where apparatus affected by major works.
- 86Highway authorities, highways and related matters.
- 87Prospectively maintainable highways.
- 91Transport authorities, transport undertakings and related matters.
- 92Special precautions as to displaying of lights.
- 95Offences.
- 96Recovery of costs or expenses.
- 97Service of notices and other documents.
- 98Reckoning of periods.
- 99Arbitration.
- 100Agreements inconsistent with the provisions of this Part.
- 101Effect of this Part on certain existing special enactments or instruments.
- 102Effect of this Part on other existing enactments or instruments.
- 103Former controlled land.
- 104Meaning of “prescribed” and regulations generally.
- 106Index of defined expressions.
- Part 3A: National Underground Asset Register: England and Wales
- The register
- 106ANational Underground Asset Register
- 106BInitial upload of information into NUAR
- 106CAccess to information kept in NUAR
- 106DGuidance
- Requirements for undertakers to pay fees and provide information
- 106EFees payable by undertakers in relation to NUAR
- 106FProviding information for purposes of regulations under section 106E
- Monetary penalties
- 106GMonetary penalties
- Exercise of functions by third party
- 106HArrangements for third party to exercise functions
- Data protection
- 106IData protection
- Supplementary provisions
- 106JRegulations under this Part
- 106KInterpretation
- Part IV: Road works in Scotland
- Introductory provisions
- 107Roads, road works and undertakers.
- 108The road works authority and other relevant authorities.
- 109Permission to execute road works.
- 110Prohibition of unauthorised road works.
- 111Emergency works.
- The road works register
- 112The road works register. Repealed
- 112AThe Scottish Road Works Register
- 112BDuty to enter certain information in the Scottish Road Works Register
- Notice and co-ordination of works
- 113Advance notice of certain works.
- 114Notice of starting date of works.
- 115Power to give directions as to timing of works.
- 115APower to give directions as to placing of apparatus
- 116Notice of emergency works.
- 117Restriction on works following substantial works carried out for road purposes.
- 118General duty of road works authority to co-ordinate works.
- 119General duty of undertakers to co-operate.
- 119AEnforcement of sections 118 and 119: imposition of penalties
- Roads subject to special controls
- 120Protected roads.
- 121Supplementary provisions as to designation of protected roads.
- 122Roads with special engineering difficulties.
- 123Traffic-sensitive roads.
- General requirements as to execution of road works
- 124Safety measures.
- 125Avoidance of unnecessary delay or obstruction.
- 126Qualifications of supervisors and operatives.
- 126ADuty of authorities, undertakers etc. to ensure competence of employees etc.
- 127Facilities to be afforded to road works authority.
- 128Works likely to affect other apparatus in the road.
- Reinstatement
- 129Duty of undertaker to reinstate.
- 130Materials, workmanship and standard of reinstatement.
- 131Powers of road works authority in relation to reinstatement.
- 132Reinstatement affected by subsequent works.
- Charges, fees and contributions payable by undertakers
- 133Charge for occupation of the road where works unreasonably prolonged.
- 134Inspection fees.
- 135Liability for cost of temporary traffic regulation.
- 136Liability for cost of use of alternative route.
- 137Contributions to costs of making good long-term damage.
- Duties and liabilities of undertakers with respect to apparatus
- 138Records of location of apparatus. Not yet in force
- 139Duty to inform undertakers of location of apparatus. Not yet in force
- 140Duty to maintain apparatus.
- 141Liability for damage or loss caused.
- Apparatus affected by road, bridge or transport works
- 142Works for road purposes likely to affect apparatus in the road.
- 143Measures necessary where apparatus affected by major works.
- 144Sharing of cost of necessary measures.
- Provisions with respect to particular authorities and undertakings
- 145Roads authorities, roads and related matters.
- 146Prospective public roads.
- 147Bridges, bridge authorities and related matters.
- 148Sewers.
- 149Provisions as to reinstatement of sewers, drains or tunnels.
- 150Transport authorities, transport undertakings and related matters.
- 151Special precautions as to displaying of lights.
- 152Works affecting level crossings or tramways.
- Power of road works authority or district council to undertake road works
- 153Power of road works authority or district council to undertake road works.
- Supplementary provisions
- 154Offences.
- 154AFixed penalties for certain offences under this Part
- 155Recovery of costs or expenses.
- 156Service of notices and other documents.
- 157Reckoning of periods.
- 157ARegulations prescribing manner of settlement of disputes
- 158Arbitration.
- 159Agreements inconsistent with the provisions of this Part.
- 160Effect of this Part on certain existing special enactments or instruments.
- 161Effect of this Part on other existing enactments or instruments.
- 162Former controlled land.
- 163Meaning of “prescribed” and regulations generally.
- 163AConsultation on regulations and codes of practice
- 164Minor definitions.
- 165Index of defined expressions.
- Part V: General
- 166Offences by bodies corporate or Scottish partnerships.
- 167Crown application.
- 168Minor and consequential amendments and repeals.
- 169Extent.
- 170Commencement.
- 171Short title.
- Introductory
- 1Paragraph 1
- Property to vest free from security rights
- 2Paragraph 2
- Recovery of property taken in distress, &c.
- 3Paragraph 3
- Validity of previous discharge of liabilities
- 4Paragraph 4
- Property subject to covenants, conditions or restrictions
- 5Paragraph 5
- Transfer of agreements, &c.
- 6Paragraph 6
- Legal or other proceedings
- 7Paragraph 7
- Transfer of employees
- 8Paragraph 8
- Publicity for proposals
- 1Paragraph 1
- 3Paragraph 3
- 4Paragraph 4
- Making of objections
- 5Paragraph 5
- Local inquiry
- 6Paragraph 6
- Making or confirmation of order
- 7Paragraph 7
- Notice of making or confirmation of order
- 8Paragraph 8
- Special parliamentary procedure where existing highway appropriated or transferred
- 9Paragraph 9
- Challenge to validity of order or certificate
- 10Paragraph 10
- 11Paragraph 11
- Grant of licence
- 1Paragraph 1
- 2Paragraph 2
- Electronic communications networks: determination of applications to install facilities
- 2AParagraph 2A
- Conditions attached to licence
- 3Paragraph 3
- 4Paragraph 4
- Notice of change of ownership, &c.
- 5Paragraph 5
- Withdrawal of licence
- 6Paragraph 6
- Removal of apparatus
- 7Paragraph 7
- Obligation of licensee to indemnify street authority
- 8Paragraph 8
- Appeal against decision of local highway authority
- 9Paragraph 9
- Introductory
- 1Paragraph 1
- Requirement of plan and section
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Procedure on submission of plan and section
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Settlement of plan and section by arbitration
- 10Paragraph 10
- 11Paragraph 11
- Objection to works executed without plan and section being settled
- 12Paragraph 12
- Execution of works in accordance with plan and section
- 13Paragraph 13
- 1Power to give fixed penalty notices
- 2Power to give fixed penalty notices
- 3Contents of fixed penalty notice
- 4The amount of the penalty and the period for payment
- 5The discounted amount
- 6Effect of notice and payment of penalty
- 7Power to withdraw notices
- 8General and supplementary
- 9General and supplementary
- Publication of proposals
- 1Paragraph 1
- Notice to parties affected
- 2Paragraph 2
- Local inquiry
- 3Paragraph 3
- 4Paragraph 4
- Making of order
- 5Paragraph 5
- Special parliamentary procedure
- 6Paragraph 6
- Schedule 5A: Monetary penalties in relation to requirements under Part 3A
- 1Power to impose monetary penalties
- 2Warning notices
- 3Penalty notices
- 4Enforcement
- 5Appeals
- Schedule 6: Roads with special engineering difficulties
- Introductory
- 1Paragraph 1
- Requirement of plan and section
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Procedure on submission of plan and section
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Settlement of plan and section by arbitration
- 10Paragraph 10
- 11Paragraph 11
- Objection to works executed without plan and section being settled
- 12Paragraph 12
- Execution of works in accordance with plan and section
- 13Paragraph 13
- Schedule 6AFIXED PENALTY OFFENCES UNDER PART 4
- Schedule 6B: FIXED PENALTIES FOR CERTAIN OFFENCES UNDER PART 4
- Power to give fixed penalty notices
- 1Paragraph 1
- 2Paragraph 2
- Contents of fixed penalty notice
- 3Paragraph 3
- The amount of the penalty and the period for payment
- 4Paragraph 4
- The discounted amount
- 5Paragraph 5
- Effect of notice and payment of penalty
- 6Paragraph 6
- Request for hearing
- 7Paragraph 7
- Power to withdraw notices
- 8Paragraph 8
- Effect of prosecution on notice
- 9Paragraph 9
- Recovery of unpaid fixed penalties
- 10Paragraph 10
- Judicial determination of enforcement of fixed penalty
- 11Paragraph 11
- General and supplementary
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Schedule 7: Procedure for making certain orders under Part IV
- Publication of proposals
- 1Paragraph 1
- Notice to parties affected
- 2Paragraph 2
- Local inquiry
- 3Paragraph 3
- 4Paragraph 4
- Making of order
- 5Paragraph 5
- Special parliamentary procedure
- 6Paragraph 6
- Schedule 8: Minor and consequential amendments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Part II: Amendments of the Road Traffic Regulation Act 1984
- Traffic regulation orders outside Greater London
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- Orders as to traffic regulation in Greater London
- 21Paragraph 21
- 22Paragraph 22
- Experimental traffic schemes
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- Temporary prohibition or restriction of traffic
- 26Paragraph 26 Repealed
- 27Paragraph 27
- Traffic regulation on special roads
- 28Paragraph 28
- 29Paragraph 29
- Traffic regulation in other special cases
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- Pedestrian crossings
- 35Paragraph 35
- 36Paragraph 36
- Street playgrounds
- 37Paragraph 37
- 38Paragraph 38
- Parking places
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- Traffic signs
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- 79Paragraph 79 Repealed
- 80Paragraph 80
- Part III: Amendments of the Roads (Scotland) Act 1984
- 81Paragraph 81
- 82Paragraph 82
- 83Paragraph 83
- 84Paragraph 84
- 85Paragraph 85
- 86Paragraph 86
- 87Paragraph 87
- 88Paragraph 88
- 89Paragraph 89
- 90Paragraph 90
- 91Paragraph 91
- 92Paragraph 92
- 93Paragraph 93
- 94Paragraph 94
- 95Paragraph 95
- 96Paragraph 96
- 97Paragraph 97 Repealed
- Part IV: Amendments of other enactments
- Roads Act 1920 (c.72)
- 98Paragraph 98 Repealed
- Fire Services Act 1947 (c.41)
- 99Paragraph 99
- Land Powers (Defence) Act 1958 (c.30)
- 100Paragraph 100
- Pipelines Act 1962 (c.58)
- 101Paragraph 101
- New Towns (Scotland) Act 1968 (c. 16)
- 102Paragraph 102
- Sewerage (Scotland) Act 1968 (c.47)
- 103Paragraph 103
- Town and Country Planning (Scotland) Act 1972 (c.52)
- 104Paragraph 104 Repealed
- Control of Pollution Act 1974 (c.40)
- 105Paragraph 105
- 106Paragraph 106
- Development of Rural Wales Act 1976 (c.75)
- 107Paragraph 107 Repealed
- Water (Scotland) Act 1980 (c.45)
- 108Paragraph 108
- Local Government, Planning and Land Act 1980 (c.65)
- 109Paragraph 109
- 110Paragraph 110 Repealed
- British Telecommunications Act 1981 (c.38)
- 111Paragraph 111
- 112Paragraph 112
- Telecommunications Act 1984 (c.12)
- 113Paragraph 113
- 114Paragraph 114
- 115Paragraph 115
- 116Paragraph 116
- Transport Act 1985 (c.67)
- 117Paragraph 117
- Airports Act 1986 (c.31)
- 118Paragraph 118
- Gas Act 1986 (c.44)
- 119Paragraph 119
- 120Paragraph 120 Repealed
- Road Traffic Act 1988 (c.52)
- 121Paragraph 121
- 122Paragraph 122 Repealed
- Electricity Act 1989 (c.29)
- 124Paragraph 124
- 125Paragraph 125
- 126Paragraph 126
- Natural Heritage (Scotland) Act 1991 (c.28.)
- 127Paragraph 127
- Schedule 9Repeals