For what reason non-compliance with the Safety at Street Works and Road Works Code of Practice 2013 is a criminal offence in the rest of th…

It is an offence in Scotland, as it is in England and Wales, for utilities to fail to secure the safety of road works by ensuring that those works are adequately guarded and lit and that appropriate traffic signs are placed to guide and direct persons using the road. The Scottish Ministers may issue or approve codes of practice giving practical guidance to utilities in respect of these duties and this is incorporated in the Safety at Street Works and Road Works Code of Practice 2013. A failure to comply with the Code of Practice is evidence of a failure to discharge the relevant safety duties and accordingly evidence that an offence has been committed. These requirements for utilities arise from the New Roads and Street Works Act 1991.
For roads and highway authorities the equivalent legislation is the Roads (Scotland) Act 1984 (covering Scotland), and the Highways Act 1980 (Covering England and Wales). While the 1980 Act also included a provision for a mandatory Code of Practice on safety, the 1984 Act did not, and so it was not previously possible to prescribe a mandatory Code for Scottish roads authorities on this topic. As this omission predates the formation of the Scottish Parliament, we cannot provide detail of the policy rationale of the time. This was rectified in 2019, when the Scottish Government made the necessary legislative changes to the Roads (Scotland) Act 1984 to extend the requirement to follow the mandatory safety Code of Practice to Scottish Roads authorities. The legislation which requires Scottish roads authorities to follow the mandatory Code of Practice has now been in force since 10 January 2022. The 2013 version of the Code of Practice is currently under review, which will result in an amended foreword, including Scottish road authorities in the list of bodies the Code applies to.