The Road Works (Inspection Fees) (Scotland) Amendment Regulations 2011

Scottish Statutory Instruments

2011 No. 91

Roads And Bridges

The Road Works (Inspection Fees) (Scotland) Amendment Regulations 2011

Made

10th February 2011

Laid before the Scottish Parliament

14th February 2011

Coming into force

1st April 2011

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 134 of the New Roads and Street Works Act 1991(1) and all other powers enabling them to do so.

In accordance with section 163A of that Act(2) 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 commencement

1.  These Regulations may be cited as the Road Works (Inspection Fees) (Scotland) Amendment Regulations 2011 and come into force on 1st April 2011.

Amendment of the Road Works (Inspection Fees) (Scotland) Regulations 2003

2.  In regulation 3(1) (inspection fees) of the Road Works (Inspection Fees) (Scotland) Regulations 2003(3) for “£31.00” substitute “£32.00”.

3.  For regulation 3(3) (inspection fees) substitute—

“(3) For the purpose of this regulation, a unit of inspection refers to excavation works only and will be calculated with reference to their duration on the following basis:

Unit of inspection

Duration of road works	Unit(s)
Duration of 15 days or less	1
Duration of 16 to 30 days	2
Duration greater than 30 days	3”

Revocation

4.  The Road Works (Inspection Fees) (Scotland) Amendment Regulations 2010(4) are revoked.

KEITH BROWN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

10th February 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for an increase to £32.00 (previously £31.00) in the fee payable by undertakers for inspections of their work by road works authorities in Scotland under regulation 3(1) of the Road Works (Inspection Fees) (Scotland) Regulations 2003. These Regulations also change the calculation of unit(s) of inspection to the duration of the road works rather than the size of the road works. These Regulations also revoke the Road Works (Inspection Fees) (Scotland) Amendment Regulations 2010.

(1)

1991 c.22; see section 163(1) of that Act for a definition of “prescribed”. The functions of the Secretary of State, so far as they were exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(2)

Section 163A was inserted by section 39 of the Transport (Scotland) Act 2005 (asp 12).

(3)

S.S.I. 2003/415; as amended by S.S.I. 2004/84, 2007/4, 2008/43, 2009/74 and 2010/68.

(4)

S.S.I. 2010/68.