The Scottish Road Works Register (Prescribed Fees) Regulations 2015

Citation and commencement

1.  These Regulations may be cited as the Scottish Road Works Register (Prescribed Fees) Regulations 2015 and come into force on 1st April 2015.

Interpretation

2.  In these Regulations—

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

“financial year 2015/16” means the period of 12 months commencing on 1st April 2015;

“financial year 2016/17” means the period of 12 months commencing on 1st April 2016;

“first relevant period” means the period of 12 months ending on 31st December 2014;

“second relevant period” means the period of 12 months ending on 31st December 2015;

“relevant undertaker” means an undertaker who has entered a notice in the Scottish Road Works Register(1) in the first relevant period or the second 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 fees

3.—(1) For financial year 2015/16, payment to the Commissioner(2) of the prescribed fee, calculated in accordance with paragraphs (4) and (5), by roads authorities(3) and relevant undertakers respectively is a condition of access to the Scottish Road Works Register as mentioned in section 112A(3) of the Act.

(2) For financial year 2016/17, payment to the Commissioner of the prescribed fee, calculated in accordance with paragraphs (6) and (7), by roads authorities and relevant undertakers respectively is a condition of access to the Scottish Road Works Register as mentioned in section 112A(3) of the Act.

(3) Payments due to the Commissioner under this regulation must be made within 60 days of receipt of the invoice from the Commissioner.

(4) For each roads authority, the prescribed fee for financial year 2015/16 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 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 financial year 2015/16 pursuant to regulation 3 of the Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 2008(4).

(5) 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 Scottish Road Works Register in the first relevant period;

• TN is the total number of notices entered by all relevant undertakers in the Scottish Road Works Register in the first relevant period; and

• £A has the same meaning as in paragraph (4).

(6) For each roads authority, the prescribed fee for financial year 2016/17 for the purposes of section 112A(4)(a) of the Act must be calculated in accordance with the formula—

where—

• R has the same meaning as in paragraph (4); and

• £A is the total amount payable to the Commissioner by way of prescribed amounts for financial year 2016/17 pursuant to regulation 3 of the Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 2008.

(7) 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 Scottish Road Works Register in the second relevant period;

• TN is the total number of notices entered by all relevant undertakers in the Scottish Road Works Register in the second relevant period; and

• £A has the same meaning as in paragraph (6).

Revocation

4.  The Scottish Road Works Register (Prescribed Fees) Regulations 2014(5) are revoked.

DEREK MACKAY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

26th February 2015