Citation and commencement1

These Regulations may be cited as the Scottish Road Works Register (Prescribed Fees) Regulations 2020 and come into force on 1 April 2020.

Interpretation2

In these Regulations—

  • “the Act” means the New Roads and Street Works Act 1991,

  • “financial year 2020/21” means the period of 12 months commencing on 1 April 2020,

  • “relevant period” means the period of 12 months ending on 31 December 2019,

  • “relevant undertaker” means an undertaker who has entered a notice in the SRWR3 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

This regulation applies in respect of financial year 2020/21.

2

Payment to the Commissioner4 of the prescribed fee, calculated in accordance with paragraph (5), is a condition of access to the SRWR by roads authorities5 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 60 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—

R×£911,000-£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 2020/21 pursuant to regulation 3 of the Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 20086.

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—

NTN×£911,000-£A×0.65math

where—

  • N is the number of notices entered by the relevant undertaker in the SRWR in the relevant period to which the calculation relates,

  • 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).

Revocation4

The Scottish Road Works Register (Prescribed Fees) Regulations 20197 are revoked.

MICHAEL MATHESONA member of the Scottish GovernmentSt Andrew’s House,Edinburgh