Strategic Consultation on Works on Scottish Roads Analysis of Consultation Responses


1. Many of the respondents referred to utility companies and related organisations collectively as 'statutory undertakers', 'SUs' or 'undertakers' and this is reflected in the quotes used in this report.

2. Importantly, five of those in support of an extension to existing summary offences urged caution with Section 124. Whilst recognising that there would be occasions when it would be beneficial for a fixed penalty to be issued by a roads authority for a minor signing, lighting and guarding offence by a utility company, a possible complication is that, through payment, the discharge of criminal liability would prevent subsequent prosecution by the police or the Health and Safety Executive if the offence were to have serious consequences.

3. Four respondents supporting an extension of existing summary offences stated that Section 130 should be considered on a case by case basis.