Posted By Stuart Nagle
Laurie.

As far as I am aware the Highways Avct 1980 does apply to Scotland, and I can find no reference in the Act that it does not.

In your particular case, with the contractor, if they are carrying out 'Streetworks' (for either local authority, highways authority, utility company or a private citizen) on a public highway (or any part of it), they will be required to carry out the works under the the auspices of the New Roads and Streetworks Act. This places specific responsibilities on contractors to undertake works in a certain manner and to meet certain criteria in respect of signing, guarding, and making provisions for pedestrians to pass the works safely. This may not mean that a footway has to be available to pedestrians, but if this is the case and pedestrians are, for example, forced to use the carriageway, then an area should be prepared for pedestrian use and signed, guarded (and lit as necessary) to enable pedestrians to pass and repass along the highway in safety, as is their right.

This will also cover such things as deviation in height (e.g. being able actually negotiate the obstruction) for example for push-chairs and prams, disabled persons e.g. visually impaired persons etc, width, and surfacing of temporary area so that it is satsiafactory to use e.g. not a sea of mud!!

Hope this is of use...

Stuart

Posted By Ron Hunter
In Scotland, the particular legislation is the Roads (Scotland) Act 1984, Section 58 - 'permission to occupy part of a road in connection with building related operations'; or Section 85 , 'permission ot deposit a builder's skip on a highway'.
The relevant applications and conditions will be available from the local Highway or Roads Authority, i.e. the Council