Prescribed fees
3.—(1) This regulation applies in respect of the period from 3 May 2019 to 31 March 2020.
(2) Payment to the Commissioner(1) of the prescribed fee, calculated in accordance with paragraph (5), is a condition of access to the SRWR by roads authorities(2) under section 112A(3) of the Act.
(3) Payment to the Commissioner of the prescribed fee, calculated in accordance with paragraph (6), is a condition of access to the SRWR by relevant undertakers under section 112A(3) of the Act.
(4) Payments due to the Commissioner under this regulation must be made within 30 days of receipt of the invoice from the Commissioner.
(5) For each roads authority, the prescribed fee 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 2019/20 pursuant to regulation 3 of the Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 2008(3).
(6) For each relevant undertaker, the prescribed fee for the purposes 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 (5).
The Scottish Road Works Commissioner is created by section 16(1) of the 2005 Act and has functions under section 112A(1) of the 1991 Act. Section 112A(1) of that Act defines “the Commissioner”.
Section 145(1) of the Act defines “roads authority” as having the same meaning as in section 151 of the Roads (Scotland) Act 1984 (c.54).
S.S.I. 2008/16. Regulation 3 was amended by S.S.I. 2014/58.