Prescribed fees
3.—(1) For the financial year, payment to the Commissioner(1) of the prescribed fee, calculated in accordance with paragraphs (3) and (4), by roads authorities(2) and relevant undertakers respectively is a condition of access to the SRWR as mentioned in section 112A(3) of the Act.
(2) Payments due to the Commissioner under this regulation shall be made within 90 days of receipt of the invoice from the Commissioner.
(3) For each roads authority, the prescribed fee for the purposes of section 112A(4)(a) of the Act shall be calculated in accordance with the formula—
where—
R is the figure shown in column 2 of the Schedule to 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 the financial year pursuant to regulation 3 of the Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 2008(3).
(4) For each relevant undertaker, the prescribed fee for the purposes of section 112A(4)(a) of the Act shall 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).
The Scottish Road Works Commissioner is created by section 16(1) of the 2005 Act and defined in section 112A(1) of the Act.
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, amended by S.S.I.2009/26.