The Scottish Road Works Register (Prescribed Fees) Regulations 2017

Citation and commencement

1.  These Regulations may be cited as the Scottish Road Works Register (Prescribed Fees) Regulations 2017 and come into force on 1st April 2017.

Interpretation

2.  In these Regulations—

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

“financial year 2017/18” means the period of 12 months commencing on 1st April 2017;

“financial year 2018/19” means the period of 12 months commencing on 1st April 2018;

“first relevant period” means the period of 12 months ending on 31st December 2016;

“second relevant period” means the period of 12 months ending on 31st December 2017;

“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 2017/18, 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 2018/19, 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 2017/18 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 2017/18 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 financial year 2017/18 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 2018/19 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 2018/19 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 financial year 2018/19 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 2015(5) are revoked.

H YOUSAF

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

23rd February 2017