2024 No. 23

Roads And Bridges

The Road Works (Scottish Road Works Register Fees and Miscellaneous Amendment) Regulations 2024

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 61B(9) of the Roads (Scotland) Act 19841 and sections 112A(4), 126 and 163(1) of the New Roads and Street Works Act 19912 and all other powers enabling them to do so.

In accordance with section 163A of the New Roads and Street Works Act 19913 they 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.

Citation and commencement1

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.

Interpretation2

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 SRWR4 in 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 fees3

1

For financial year 2024/2025—

a

payment to the Commissioner5 of the prescribed fee, calculated in accordance with paragraph (3), is a condition of access to the SRWR by roads authorities6 under section 112A(3) of the Act,

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—

R×£901,314-£Amath

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 20087.

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—

NTN×£901,314-£A×0.65math

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).

Revocation4

The Scottish Road Works Register (Prescribed Fees) Regulations 20228 are revoked.

Amendment of the Road Works (Qualifications of Operatives and Supervisors) (Scotland) Regulations 20175

1

The Road Works (Qualifications of Operatives and Supervisors) (Scotland) Regulations 20179 are amended in accordance with paragraph (2).

2

In regulation 8(1) (qualification registration)—

a

in sub-paragraph (c) omit “and”,

b

at the end of sub-paragraph (d) insert—

,

e

Highfield Qualifications10, and

f

EUIAS11.

Amendment of the Road Works (Reinstatement Quality Plans, Qualifications of Supervisors and Operatives and Miscellaneous Amendments) (Scotland) Regulations 20236

1

The Road Works (Reinstatement Quality Plans, Qualifications of Supervisors and Operatives and Miscellaneous Amendments) (Scotland) Regulations 202312 are amended in accordance with paragraph (2).

2

In regulation 10(1) (qualification registration)—

a

in sub-paragraph (c) omit “and”,

b

at the end of sub-paragraph (d) insert—

,

e

Highfield Qualifications13, and

f

EUIAS14.

FIONA HYSLOPAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

SCHEDULEFIGURES FOR ROADS AUTHORITIES IN RELATION TO FORMULAE FOR CALCULATION OF PRESCRIBED FEES UNDER REGULATION 3(3)

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 Commissioner of the prescribed fee by roads authorities and relevant undertakers is a condition of access to the SRWR as mentioned in section 112A(3) of the Act. The term “relevant undertaker” is defined in regulation 2.

Regulation 3(3) and (4) provides formulas for the calculation of the prescribed fee for roads authorities and relevant undertakers respectively for the financial year 2024/2025, commencing on 1 April 2024.

Regulation 4 revokes the Scottish Road Works Register (Prescribed Fees) Regulations 2022.

These Regulations also amend the Road Works (Qualifications of Operatives and Supervisors) (Scotland) Regulations 2017/147, applicable to undertakers, (“the 2017 Regulations”) and the Road Works (Reinstatement Quality Plans, Qualifications of Supervisors and Operatives and Miscellaneous Amendments) (Scotland) Regulations 2023/33, applicable to roads authorities, (“the 2023 Regulations”). Both the 2017 Regulations and the 2023 Regulations prescribe the qualifications required of supervisors and trained operatives executing certain types of road works.

A person is qualified in a type of work if an approved body has issued a certificate of competence showing that the person has been assessed as having the required level of competence in that type of work. Regulation 8(1) of the 2017 Regulations, which sets out the approved bodies, is amended by regulation 5, which adds the names of 2 new bodies (Highfield Awarding Body for Compliance Limited, also known as Highfield Qualifications and Energy and Utility Skills Limited, also known as EUIAS) which have been approved to issue certificates of competence in respect of certain types of road works. The same amendment to regulation 10(1) of the 2023 Regulations is made by regulation 6.

A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from Transport Scotland, Area 2D North, Victoria Quay, Edinburgh, EH6 6QQ and online at www.legislation.gov.uk.