SCOTTISH STATUTORY INSTRUMENT
2024 No. 23
Roads And Bridges
The Road Works (Scottish Road Works Register Fees and Miscellaneous Amendment) Regulations 2024
Made 23th January 2024
Laid before the Scottish Parliament 25th January 2024
Coming into force 1st April 2024
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 61B(9) of the Roads (Scotland) Act 1984and sections 112A(4), 126 and 163(1) of the New Roads and Street Works Act 1991and all other powers enabling them to do so.
In accordance with section 163A of the New Roads and Street Works Act 1991they have consulted with such—
(a) persons considered by them to be representative of the interests of undertakers,
(b) road works authorities, and
(c) other persons,
as they think appropriate.
S-1
Citation and commencementCitation and commencement
1. These Regulations may be cited as the Road Works (Scottish Road Works Register Fees and Miscellaneous Amendment) Regulations 2024 and come into force on 1 April 2024.
Interpretation
2. In these Regulations—
“the Act” means the New Roads and Street Works Act 1991,
“financial year 2024/2025” means the period of 12 months commencing on 1 April 2024,
“relevant period” means the period of 12 months ending on 31 December 2023,
“relevant undertaker” means an undertaker who has entered a notice in the SRWRin the relevant period,
“undertaker” has the same meaning as in section 107(4) of the Act but excludes those persons granted permission under section 109 of the Act to execute road works.
Prescribed fees
3.—(1) For financial year 2024/2025—
(a)
(a) payment to the Commissionerof the prescribed fee, calculated in accordance with paragraph (3), is a condition of access to the SRWR by roads authoritiesunder section 112A(3) of the Act,
(b)
(b) payment to the Commissioner of the prescribed fee, calculated in accordance with paragraph (4), is a condition of access to the SRWR by relevant undertakers under section 112A(3) of the Act.
(2) Payments due to the Commissioner under this regulation must be made within 60 days of receipt of the invoice from the Commissioner.
(3) For each roads authority, the prescribed fee for financial year 2024/2025 for the purposes of section 112A(4)(a) of the Act must be calculated in accordance with the formula—
where—
R is the figure shown in column 2 of the schedule of these Regulations in relation to the roads authority specified in the corresponding entry in column 1 of the schedule to which the calculation relates, and
£A is the total amount payable to the Commissioner by way of prescribed amounts for financial year 2024/2025 pursuant to regulation 3 of the Scottish Road Works Register (Prescribed Fees and amounts) Regulations 2008.
(4) For each relevant undertaker, the prescribed fee for financial year 2024/2025 for the purpose of section 112A(4)(a) of the Act must be calculated in accordance with the formula—
where—
N is the number of notices entered by the relevant undertaker to which the calculation relates in the SRWR in the relevant period,
TN is the total number of notices entered by all relevant undertakers in the SRWR in the relevant period, and
£A has the same meaning as in paragraph (3).
Revocation
4. The Scottish Road Works Register (Prescribed Fees) Regulations 2022are revoked.
S-5
Amendment of the Road Works (Qualifications of Operatives and Supervisors) (Scotland) Regulations 2017Amendment of the Road Works (Qualifications of Operatives and Supervisors) (Scotland) Regulations 2017
5.—(1) The Road Works (Qualifications of Operatives and Supervisors) (Scotland) Regulations 2017are amended in accordance with paragraph (2).
(2) In regulation 8(1) (qualification registration)—
(a)
(a) in sub-paragraph (c) omit “and”,
(b)
(b) at the end of sub-paragraph (d) insert—
“
,
(e)
(e) Highfield Qualifications, and
(f)
(f) EUIAS.
S-6
Amendment of the Road Works (Reinstatement Quality Plans, Qualifications of Supervisors and Operatives and Miscellaneous Amendments) (Scotland) Regulations 2023Amendment of the Road Works (Reinstatement Quality Plans, Qualifications of Supervisors and Operatives and Miscellaneous Amendments) (Scotland) Regulations 2023
6.—(1) The Road Works (Reinstatement Quality Plans, Qualifications of Supervisors and Operatives and Miscellaneous Amendments) (Scotland) Regulations 2023are amended in accordance with paragraph (2).
(2) In regulation 10(1) (qualification registration)—
(a)
(a) in sub-paragraph (c) omit “and”,
(b)
(b) at the end of sub-paragraph (d) insert—
“
,
(e)
(e) Highfield Qualifications, and
(f)
(f) EUIAS.
FIONA HYSLOP
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
23rd January 2024
SCHEDULE
Regulation 3(3)
FIGURES FOR ROADS AUTHORITIES IN RELATION TO FORMULAE FOR CALCULATION OF PRESCRIBED FEES UNDER REGULATION 3(3)
|
Column 1
Roads Authority
|
Column 2
Figure
|
Aberdeen City |
0.018 |
Aberdeenshire |
0.018 |
Angus |
0.006 |
Argyll & Bute |
0.003 |
City of Edinburgh |
0.024 |
Clackmannanshire |
0.003 |
Comhairle nan Eilean Siar |
0.0006 |
Dumfries & Galloway |
0.006 |
Dundee City |
0.009 |
East Ayrshire |
0.009 |
East Dunbartonshire |
0.006 |
East Lothian |
0.006 |
East Renfrewshire |
0.006 |
Falkirk |
0.006 |
Fife |
0.012 |
Glasgow City |
0.03 |
Highland |
0.006 |
Inverclyde |
0.006 |
Midlothian |
0.006 |
Moray |
0.009 |
North Ayrshire |
0.012 |
North Lanarkshire |
0.012 |
Orkney Islands |
0.0012 |
Perth & Kinross |
0.009 |
Renfrewshire |
0.009 |
Scottish Borders |
0.012 |
The Scottish Ministers |
0.056 |
Shetland Islands |
0.0012 |
South Ayrshire |
0.006 |
South Lanarkshire |
0.009 |
Stirling |
0.009 |
West Dunbartonshire |
0.009 |
West Lothian |
0.015 |
EXPLANATORY NOTE
(This note is not part of the Regulations)
Section 112A(1) of the New Roads and Street Works Act 1991 (“the Act”) provides for the Scottish Road Works Commissioner (“the Commissioner”) to keep a register to be known as the Scottish Road Works Register (“SRWR”).
Section 112A(4)(a) of the Act allows the Scottish Ministers, by regulations, to provide that the payment to the Commissioner of the prescribed fee is a condition of access to the SRWR.
Regulation 3(1) provides that, for the financial year 2024/2025 (commencing 1 April 2024) payment to the...
