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3.—(1) For the purposes of section 112A(4)(b) of the Act, prescribed(1) persons are–
(a)roads authorities; and
(b)undertakers.
(2) The roads authorities specified in column 1 of Schedule 1 shall each pay to the Commissioner(2), for every financial year beginning with that commencing on 1st April 2008, the prescribed amount shown in the corresponding entry in column 2 of that Schedule.
(3) An undertaker shall pay to the Commissioner, for every financial year beginning with that commencing on 1st April 2008, the prescribed amount in accordance with the following sub paragraphs–
(a)where an undertaker has relevant apparatus in at least 1 but fewer than 6 local authority areas in Scotland, the prescribed amount is £2,500;
(b)where an undertaker has relevant apparatus in between 6 and 10 local authority areas in Scotland, the prescribed amount is £5,000; and
(c)where an undertaker has relevant apparatus in more than 10 local authority areas in Scotland, the prescribed amount is £10,000.
(4) Payments due to the Commissioner under this regulation shall be made within 90 days of receipt of the invoice from the Commissioner.
See section 163(1) of the Act for the definition of “prescribed”.
The Scottish Road Works Commissioner created by section 16(1) of the 2005 Act and defined in section 112A(1) of the Act.
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