Change 1 Article Choose an article Title and introductory text 1 Powers and duties of local roads authorities. 2 Powers and duties of Secretary of State as roads authority: management and maintenance. 3 Power of Secretary of State to make advances to local roads authorities etc. 4 Agreements between authorities. 5 Trunk roads. 6 Local and private Act functions with respect to trunk roads. 7 General provision as to special roads. 8 Further provision as regards classification of traffic for purposes of special roads. 9 Supplementary orders relating to special roads. 10 Certain special roads to be trunk roads. 11 Classification of roads. 12 Powers as respects roads that cross or join public roads other than special roads. 12A Transitional power of Secretary of State as respects existing roads. 12B Transitional power of Secretary of State as respects proposed roads. 12C Transitional power of Secretary of State as respects special road schemes. 12D Application of section 112 to orders under sections 12A, 12B, 12C and 12E. 12E Further power of Secretary of State as respects proposed roads and special road schemes. 12F Further provisions as to orders. 13 Making up and maintenance of private roads. 14 Power to contribute to, or carry out, work on private roads. 15 Emergency work in relation to private roads. 16 Application for private road to become public road. 17 Security for private road works relating to housing. 18 Power of local roads authority to take over footpaths associated with development. 19 Construction of new roads by Secretary of State as roads authority. 20 Construction of new roads other than special roads by local roads authority; and entry of such new roads and of special roads in list of public roads. 20A Environmental assessment of certain road construction projects 20B Projects with significant transboundary effects 20C Environmental Impact Assessment Report 20D Co-ordination of assessments 20E Competent authority – avoidance of conflict of interest 20F Projects with significant transboundary effects 20G Monitoring measures 21 Requirement of consent for new roads built other than by roads authority. 22 Offences in relation to construction of new roads. 22A 22B 23 Power to stop up or temporarily close new road where construction consent absent or not conformed with. 24 Alteration of levels of public roads. 25 Provision of footways. 26 Pedestrian subways and footbridges. 27 Dual carriageways, roundabouts and refuges. 28 Fences etc. to safeguard persons using public roads. 29 Further provision as to fences. 30 Works for protecting roads against hazards of nature. 31 Drainage of roads. 32 Contributions to drainage works and flood prevention operations. 33 Snow gates. 34 Clearance of snow and ice. 35 Provision of lighting by roads authorities. 36 Construction of road humps by roads authority. 37 Consultation and local inquiries as regards road humps. 38 Regulations concerning construction and maintenance of road humps. 39 Status of road humps. 39A Powers to carry out traffic calming works. 39B Prescribing of works. 39BA Prescribing of works for anti-terrorism purposes 39C Status of works authorised by section 39A. 40 Interpretation of sections 36 to [39C]. 41 Provision of cattle-grids and by-passes. 42 Removal of cattle-grids and discontinuance of by-passes. 43 Maintenance of cattle-grids and by-passes. 44 Exercise of powers in respect of cattle-grids etc. by agreement between neighbouring authorities. 45 Supersession of gates by cattle-grids. 46 Agreements for use of land for cattle-grids or by-passes. 47 Contributions towards expenditure of roads authorities in connection with cattle-grids. 48 Contributions towards expenditure on constructing or improving roads. 49 Provision of bus shelters, etc. by local roads authorities. 49A Power to install equipment for detection of traffic offences etc . 50 Planting of trees, shrubs and grass or other plants by roads authority. 51 Planting of trees, shrubs and grass or other plants by person other than roads authority. 52 Power to execute works to mitigate adverse effect of constructing or improving etc. road. 53 Agreements as to use of land near roads. 54 Power to instal refuse or storage bins in roads. 55 Provision of picnic sites for trunk roads etc. 55A Environmental assessment of certain road improvement projects 55B Application of section 20B 55C Offences 55D Offences by bodies corporate etc. 56 Control of works and excavations. 57 Dangerous works. 58 Occupation of parts of road for deposit of building materials etc. 59 Control of obstructions in roads. 60 Fencing and lighting of obstructions and excavations. 60A Safety measures: codes of practice 61 Granting of permission to place and maintain etc. apparatus under a road. 61A Charge for occupation of road. 61B Requirement for qualified supervisors and operatives 62 Temporary prohibition or restriction of traffic etc. on roads for reasons of public safety or convenience. 63 New access over verges and footways. 64 Use of appliances etc. on footways, footpaths and cycle tracks. 65 Regulation of drivers of horsedrawn carts etc. 66 Maintenance of vaults and cellars etc. 67 Power to direct that doors etc. should not open outward into road. 68 Power of roads authorities to stop up roads by order. 69 Stopping up of dangerous access from public road to land. 70 Stopping up of access to land from certain roads being constructed. 71 Provisions supplementary to sections 68 to 70. 72 Stopping up private access to land by agreement. 73 Expenses incurred under section 69 or by virtue of section 70 or 72. 74 Temporary provision of substitute road. 75 Bridges over and tunnels under navigable waters. 76 Provisions supplementary to section 75. 77 Discontinuation of operation of certain swing bridges. 78 Power to divert waters when constructing or improving public road etc. 79 Powers of roads authorities and bridge owners to enter into agreements. 80 Transfer to Secretary of State of privately maintainable bridges carrying trunk roads. 81 Transfer to special road authority of privately maintainable bridges carrying special roads. 81A Roads authority for boundary bridges. 82 Protection of bridges and railways. 83 Prevention of obstruction of view at corners, bends and junctions. 84 Determination of questions arising out of section 83. 85 Control of builders’ skips on road. 86 Removal of builders’ skips causing danger or obstruction. 87 Power to remove structures from roads. 88 Removal of projections which impede or endanger road users. 89 Removal of accidental obstructions from roads. 90 Restriction on placing bridges, beams, rails etc. over roads. 91 Prevention of danger to road from nearby vegetation and fences etc. or from retaining walls being inadequate. 92 Restriction on planting of trees etc. near carriageway. 93 Protection of road users from dangers near a road. 94 Power to fill in roadside ditches etc. 95 Deposit of mud from vehicles on roads. 96 Extraordinary expenses in repairing roads damaged by heavy vehicles etc. 97 Trading. 98 Control of stray and other animals on roads. 99 Prevention of flow of water etc. onto roads. 100 Damage to roads etc. 101 Placing rope, wire or other apparatus in road without adequate warning. 102 Ploughing of unenclosed land. 103 General provision as to acquisition of land. 104 Acquisition of land for construction, improvement or protection of public roads etc. 105 Further provision as regards acquisition of land for construction, improvement etc. of public roads. 106 Acquisition of land for mitigating adverse effects of construction of road. 107 Acquisition of land in connection with cattle-grids. 108 Acquisition of land for provision of picnic site. 109 Distance limits for purposes of compulsory acquisition. 110 General provisions as to acquisition of land. 111 Concurrent proceedings for special and trunk roads schemes and orders. 112 Transfer of property and liabilities upon road becoming or ceasing to be a trunk road. 113 Transfer of property and liabilities in connection with special roads etc. 113A Dissolution of certain bodies in consequence of order under section 9. 114 Transfers of officers and property in connection with lighting and bus shelters, etc. 115 Vesting of solum of stopped up road. 116 Right to compensation for damage from works. 117 Determination of disputes as to compensation. 118 Compensation where interest in land subject to heritable security. 119 Compensation for land acquired as service area for special road. 120 Duty to have regard to needs of disabled and blind in executing works etc. 120A Delegation by the Scottish Police Authority 121 Power to obtain road-making materials. 122 Saving for Coast Protection Act 1949. 123 Saving for obligation to obtain planning permission. 124 Power to conduct experiments as regards roads construction etc. 125 Extension of section 34 of Road Traffic Regulation Act 1984. 126 Restricted roads: amendment of Road Traffic Regulation Act 1984. 127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Saving for, and extension of section 80 of, Health and Safety at Work etc. Act 1974. 129 Miscellaneous summary offences. 130 Offences by bodies corporate. 130A Fixed penalties for certain offences 131 Penalties and mode of trial. 132 Saving for operators of electronic communications code networks . 133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 Extinguishment of rights of statutory undertakers to apparatus etc. in connection with schemes under section 7 and orders under section 9. 135 Restriction of powers of local authority in whom sewer is vested. 136 Contents of notices. 137 Service of notices. 138 Time for enforcing certain notices. 139 Holding of inquiries. 140 Powers of entry. 141 Power of roads authority to execute works etc. on default of person required to do so. 142 Power to require occupier to permit work to be executed by owner. 143 Regulations, orders and schemes. 143A “Developments of national significance” etc.: special procedure 144 Regulations for procedure in schemes and orders for special roads and trunk roads. 145 Revocation and variation of certain schemes and orders. 146 Application of Act to Crown land. 147 Recovery of costs of certain orders. 148 Exemption from stamp duty. 149 Interest on expenses. 150 Expenses. 151 Interpretation. 152 Further provision as to interpretation and certain ancillary powers. 153 Consequential provision. 154 Local enactments. 155 General adaptation of subordinate legislation etc. 156 Amendments, transitional provisions and repeals. 157 Short title, commencement and extent. SCHEDULE 1 Procedures for Making or Confirming Certain Orders and Schemes SCHEDULE 1A INFORMATION FOR INCLUSION IN ENVIRONMENTAL IMPACT ASSESSMENT REPORTS SCHEDULE 2 Validity and Date of Operation of Certain Orders and Schemes SCHEDULE 3 Classes of Traffic for Purposes of Special Roads SCHEDULE 4 Procedure for Determination by Roads Authority of Certain Questions in Connection with Cattle-Grids SCHEDULE 5 Distance Limits from Public Road for Purposes of Compulsory Acquisition SCHEDULE 6 Special Transitional Provisions for Trunk Roads SCHEDULE 7 Restricted Roads SCHEDULE 8 Penalties for Offences SCHEDULE 8A FIXED PENALTY OFFENCES SCHEDULE 8B FIXED PENALTIES FOR CERTAIN OFFENCES SCHEDULE 9 Minor and Consequential Amendments SCHEDULE 10 Transitional Provisions and Savings SCHEDULE 11 Repeals
What to do with it
As published
29 Further provision as to fences.
(1) Subject to subsection (2) below, the roads authority may erect and maintain—
(a) fences or posts for the purpose of preventing access to a road or proposed road; and
(b) fences, posts, stones or other markers for the purpose of delimiting the road or proposed road.
(2) The powers conferred by subsection (1) above shall not be exercised so as to—
(a) interfere with a fence or gate required for the purposes of agriculture;
(b) obstruct a public right of way;
(c) obstruct a means of access for the construction, formation or laying out of which planning permission has been granted under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (general planning control) or under any enactment replaced by the said Part III; or
(d) obstruct any means of access which was constructed, formed or laid out before 1st July 1948, unless it was so constructed, formed or laid out in contravention of restrictions in force under section 1 or 2 of the Restriction of Ribbon Development Act 1935.
Your wording
Your change, as a redline
29 Further provision as to fences.
(1) Subject to subsection (2) below, the roads authority may erect and maintain—
(a) fences or posts for the purpose of preventing access to a road or proposed road; and
(b) fences, posts, stones or other markers for the purpose of delimiting the road or proposed road.
(2) The powers conferred by subsection (1) above shall not be exercised so as to—
(a) interfere with a fence or gate required for the purposes of agriculture;
(b) obstruct a public right of way;
(c) obstruct a means of access for the construction, formation or laying out of which planning permission has been granted under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (general planning control) or under any enactment replaced by the said Part III; or
(d) obstruct any means of access which was constructed, formed or laid out before 1st July 1948, unless it was so constructed, formed or laid out in contravention of restrictions in force under section 1 or 2 of the Restriction of Ribbon Development Act 1935.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.