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1. 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.
2. 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 SRWR(1) 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.
3.—(1) For financial year 2024/2025—
(a)payment to the Commissioner(2) of the prescribed fee, calculated in accordance with paragraph (3), is a condition of access to the SRWR by roads authorities(3) 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—
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 2008(4).
(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—
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).
4. The Scottish Road Works Register (Prescribed Fees) Regulations 2022(5) are revoked.
5.—(1) The Road Works (Qualifications of Operatives and Supervisors) (Scotland) Regulations 2017(6) 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 Qualifications(7), and
(f)EUIAS(8).”.
6.—(1) The Road Works (Reinstatement Quality Plans, Qualifications of Supervisors and Operatives and Miscellaneous Amendments) (Scotland) Regulations 2023(9) 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 Qualifications(10), and
(f)EUIAS(11).”.
FIONA HYSLOP
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
23rd January 2024
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