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7 Cards in this Set

  • Front
  • Back
Defintion of Builder's Skips
1 A builder's skip is a container,
2 designed to be carried on a road vehicle and
3 to be placed on a road,
4 for the disposal of builder's materials,
5 earth rubble or other waste.
Unauthorised Siting - offence one and two
Section 85 of The Roads (Scotland) Act 1984
1 without the written permission of the roads authority

2 in contravention of any conditions, impoeds on the siting of the skip, by the roads authority or
Unauthorised Siting - offence three and four
Section 85 of The Roads (Scotland) Act 1984
3 in contravention of certain provisions requiring special reflectors, and lighting during the hours of darkness

4 without being clearly marked with the owner's name and telephone number (or address)
Unauthorised Siting - Defence
Section 85 of The Roads (Scotland) Act 1984
It is a defence for the owner to prove that the unlawful deposit of a skip was done without their knowledge or consent.

If this is proved the person responsible for unlawfully depositing the skip can be charged as if the offender were the owner.
Unauthorised Siting - Police powers
Section 85 of The Roads (Scotland) Act 1984
a Constable in uniform may require the removal or repositioning of any builder's skip, which in their opinion is :-

1 causing, or likely to cause, an obstructions or

2 causing, or likely to cause, danger.
Unauthorised Siting - Police powers not complied with further action
Section 85 of The Roads (Scotland) Act 1984
If not moved the Constable may arrange for the removal of the skip. Any expenses incurred by the police authority can be reclaimed from the owner of the skip
Unauthorised Siting - Police powers - v - Roads authority
Section 85 of The Roads (Scotland) Act 1984
Powers under this section can be carried out even if the skip was deposited on the road with the consent of the roads authority.