The Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 2008

Interpretation

2.  In these Regulations–

“the Act” means the New Roads and Street Works Act 1991;

“financial year” means the period of 12 months commencing on 1st April in each calendar year;

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(1);

“relevant apparatus” means apparatus(2) in a road, other than for roads purposes, as at 31st December in the calendar year last ending before the financial year to which the prescribed amount relates;

“relevant undertaker” means an undertaker who has entered a notice in the register kept by roads authorities(3) prior to the establishment of the SRWR(4) in the 3 year period ending on 31st December 2007; and

“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.

(1)

1994 c. 39.

(2)

See section 164(1) of the Act for the definition of “apparatus” (which is expanded by section 148(2) of the Act).

(3)

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).

(4)

The Scottish Road Works Register to be kept in terms of section 112A(1) of the Act.