Secretary of State's Trunk Road Functions (Contracting Out) (Scotland) Order 1996

JurisdictionUK Non-devolved
CitationSI 1996/878

1996 No. 878 (S.99)

CONTRACTING OUT

The Secretary of State’s Trunk Road Functions (Contracting Out) (Scotland) Order 1996

Made 15th March 1996

Coming into force 16th March 1996

The Secretary of State, in exercise of the powers conferred on him by section 69 of the Deregulation and Contracting Out Act 19941, and of all other powers enabling him in that behalf, hereby makes the following Order, a draft of which has been laid before and approved by resolution of each House of Parliament:

S-1 Citation, commencement and extent

Citation, commencement and extent

1. 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.

S-2 Contracting out of functions

Contracting out of functions

2. 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.

James Douglas-Hamilton

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

15th March 1996

SCHEDULE

Article 2

FUNCTIONS WHICH MAY BE CONTRACTED OUT

SCH-1.1

1. The function of the Secretary of State as roads authority conferred by or under section 2 of the Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 19582(power of roads authority to consent to provision of omnibus shelters etc on roads) in relation to giving and withholding consent and attaching conditions to any consent.

SCH-1.2

2. The function of the Secretary of State as roads authority conferred by or under section 25(2) of the Water (Scotland) Act 19803(power of roads authority to consent to provision of drinking fountains or troughs on roads) in relation to giving and withholding consent.

SCH-1.3

3. The function of the Secretary of State as a person having an interest in land as roads authority conferred by or under section 7(4) of the Litter Act 19834(power of persons having an interest in land to consent to placing litter bins thereon) in relation to giving and withholding consent and arranging terms of any consent.

SCH-1.4

4. The function of the Secretary of State as traffic authority conferred by or under section 65(1) of the Road Traffic Regulation Act 19845(power of traffic authority to place traffic signs on or near roads) in relation to the power to cause or permit traffic signs to be placed on or near a road.

SCH-1.5

5. The functions of the Secretary of State as roads authority conferred by or under the following provisions of the Roads (Scotland) Act 19846:—

(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) section 357(power of roads authority to provide lighting for roads);

(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) section 568(power of roads authority to consent to works and excavations in roads);

(m) section 579(power of roads authority with respect to dangerous works in roads);

(n) section 58 (power of roads authority to permit occupation of parts of roads for deposit of building materials etc);

(o) section 5910(power of roads authority with respect to obstructions in roads);

(p) section 6011(power of roads authority to fence and light obstructions and excavations in roads on default of person required to do so and to recover the expenses thereof);

(q) section 6112(power of roads authority to give permission to place and maintain etc appliances in...

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