Office of Public Sector Information
(introduced by section 17)
1 (1) The Commissioner may, with the consent of the Scottish Ministers as to numbers and terms and conditions, appoint staff.
(2) The Commissioner may, with the approval of the Scottish Ministers, make arrangements for the payment of pensions, allowances or gratuities to, or in respect of, any person who has ceased to be a member of the staff of the Commissioner and may, in particular—
(a) make contributions or payments towards provision for such pensions, allowances or gratuities;
(b) establish and administer one or more pension schemes.
(3) Section 16(4) of this Act applies to staff appointed under this paragraph as it applies to the Commissioner.
2 The Commissioner shall—
(a) prepare, for each financial year and in accordance with directions given by the Scottish Ministers, an account of the Commissioner’s income and expenditure; and
(b) send the account, by such time as the Scottish Ministers may direct, to the Auditor General for Scotland for auditing.
3 The Commissioner shall—
(a) as soon as practicable after the end of each financial year, give the Scottish Ministers and publish a report on the performance of the Commissioner’s functions during that year;
(b) provide the Scottish Ministers with such information about the performance of those functions as they may require.
4 In schedule 1 to the Freedom of Information (Scotland) Act 2002 (asp 13) (public authorities subject to duty to disclose information), after the entry numbered 97 there is inserted the following entry—
“97A The Scottish Road Works Commissioner.”.
(introduced by section 33)
| Provision specifying fine | Brief description of offence or offences to which the fine relates | New maximum fine |
|---|---|---|
| Section 110(2) | Offences under section 110(1) (prohibition of authorised road works) | level 5 |
| Section 113(5) | Failure to comply with duties under section 113 (advance notice of certain works, etc.) | level 4 |
| Section 114(5) | Beginning to execute works in contravention of section 114 (notice of starting date of works) | level 4 |
| Section 115(3) | Execution of works in contravention of direction under section 115 (directions as to timing of road works) | level 5 |
| Section 116(4) | Failure to give notice in accordance with section 116 (notice of emergency works) | level 4 |
| Section 117(6) | Carrying out works in contravention of a restriction imposed under section 117 (restriction on works following substantial road works) | level 5 |
| Section 124(4) | Failure to comply with section 124(1) or (2) (safety measures) | level 5 |
| Section 124(6) | Interference with safety measures taken by undertaker | level 5 |
| Section 125(2) | Failure to comply with section 125(1) (duty to carry on and complete certain road works with all reasonably practicable dispatch) | level 5 |
| Section 126(3) | Failure to comply with section 126(1) or (2) (duties relating to the use of qualified supervisors and operatives) | level 5 |
| Section 127(2) | Failure by undertaker to afford roads authority with reasonable facilities for ascertaining whether undertaker is complying with duties under Part 3 | level 4 |
| Section 128(2) | Failure to comply with section 128(1) (requirements relating to road works likely to affect another person’s apparatus in the street) | level 4 |
| Section 129(6) | Failure by undertaker to comply with duties under section 129(1) to (5) (reinstatement of road and information for road works authority) | level 5 |
| Section 130(5) | Failure to comply with duties under section 130 (prescribed requirements as to materials and workmanship and performance standards for reinstatements) | level 5 |
| Section 138(4) | Failure to comply with duties under section 138(1) to (3) (records of location of apparatus) | level 5 |
| Section 139(4) | Failure to comply with section 139(1) (duty to inform other undertaker of location of certain apparatus) or requirements imposed under section 139(2) (duties applicable where ownership of certain apparatus cannot be ascertained) | level 4 |
| Section 142(3) | Failure by authority to comply with section 142(2) (requirements relating to certain road works likely to affect apparatus in the road) | level 4 |
| Section 147(6) | Failure by undertaker to comply with duties under section 147(4) or (5) (road works affecting structure of a bridge) | level 5 |
| Schedule 6, paragraph 6 | Execution of works in road with special engineering difficulties in contravention of paragraph 2 (requirement for agreed plan and section before executing works) or paragraph 3 (requirement to furnish plan and section after emergency works) | level 5 |
| Schedule 6, paragraph 12(5) | Failure to execute works in such a road in accordance with a direction under paragraph 12 (direction as to alteration of works or removal of apparatus) | level 5 |
| Schedule 6, paragraph 13(2) | Failure to comply with paragraph 13(1) (requirement to execute works in such a road in accordance with plan or agreed modification) | level 5 |
Transport (Scotland) Act 2005