Legislation – Transport (Scotland) Act 2019

“61BRequirement for qualified supervisors and operatives

(1)

This section applies to any person (including a roads authority) executing—

(a)

works (other than road works within the meaning of section 107(3) of the New Roads and Street Works Act 1991) in or on a road or works which otherwise involve a person placing or depositing anything on a road so as to cause an obstruction—

(i)

to which the requirements of section 60(1)(b) or (c) apply, and

(ii)

which involve the placing of lights, fences, barriers or signs on a carriageway,

(b)

works in a road which involve—

(i)

breaking up the road, or any sewer, drain or tunnel under it, or

(ii)

tunnelling or boring under the road, and

(c)

works to subsequently reinstate the road.

(2)

The person executing the works must secure that—

(a)

the execution of the works is supervised by an individual having a prescribed qualification as a supervisor, and

(b)

there is on site at all times when any such works are in progress at least one individual having a prescribed qualification as a trained operative.

(3)

Where a roads authority are not the person who is executing the works, the authority may by notice require the person executing the works—

(a)

to notify the authority of the name of any individual who is or has been the supervisor, or trained operative, in respect of the work, and

(b)

to provide the authority with prescribed evidence of the requisite qualification of the individual.

(4)

The Scottish Road Works Commissioner may by notice require the roads authority—

(a)

to notify the Commissioner of the name of any individual who is or has been the supervisor or trained operative in respect of any work to which this section applies, and

(b)

to provide the Commissioner with prescribed evidence of the requisite qualification of the individual.

(5)

A notice under subsection (3) or (4) may—

(a)

require the notification of—

(i)

the name of an individual who was the supervisor or, as the case may be, trained operative at a particular time,

(ii)

all individuals who have been the supervisor, or as the case may be, trained operative,

(b)

be given at any time while the works are being executed or within such period after their completion as is prescribed.

(6)

A person who receives a notice under subsection (3) must comply with the requirements of the notice within the period and manner prescribed.

(7)

A person, other than a roads authority, who fails to comply with a duty imposed on the person by subsection (2) or (6) commits an offence.

(8)

A person who commits an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(9)

The Scottish Ministers may by regulations make provision for the purposes of this section, including provision—

(a)

specifying circumstances in which the duties in subsection (2) do not apply to a person executing works in a road,

(b)

specifying—

(i)

circumstances in which more than one trained operative must be on site at all times when work is in progress, and

(ii)

the number of trained operatives that must be on site in those circumstances,

(c)

about the approval of bodies conferring qualifications (and the withdrawal of such approval),

(d)

about the circumstances in which a qualification may be conferred,

(e)

about the form of any evidence to be issued by an approved body to certify or otherwise show that a qualification has been conferred on an individual.

(10)

In this section, “prescribed” means prescribed by the Scottish Ministers in regulations made under subsection (9).

(11)

This section does not apply to an undertaker executing road works, within the meaning of Part IV of the New Roads and Street Works Act 1991.”.