The Scottish Road Works Register (Prescribed Fees) Regulations 2019

Citation and commencement

1.  These Regulations may be cited as the Scottish Road Works Register (Prescribed Fees) Regulations 2019 and come into force on 3 May 2019.

Interpretation

2.  In these Regulations—

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

“financial year 2019/20” means the period of 12 months commencing on 1 April 2019,

“relevant period” means the period of 12 months ending on 31 December 2018,

“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.

Prescribed fees

3.—(1) This regulation applies in respect of the period from 3 May 2019 to 31 March 2020.

(2) Payment to the Commissioner(2) of the prescribed fee, calculated in accordance with paragraph (5), is a condition of access to the SRWR by roads authorities(3) under section 112A(3) of the Act.

(3) Payment to the Commissioner of the prescribed fee, calculated in accordance with paragraph (6), is a condition of access to the SRWR by relevant undertakers under section 112A(3) of the Act.

(4) Payments due to the Commissioner under this regulation must be made within 30 days of receipt of the invoice from the Commissioner.

(5) For each roads authority, the prescribed fee 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 2019/20 pursuant to regulation 3 of the Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 2008(4).

(6) 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 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 (5).

Revocation

4.  The Scottish Road Works Register (Prescribed Fees) Regulations 2017(5) and the Scottish Road Works Register (Prescribed Fees) Amendment Regulations 2018 (6) are revoked.

MICHAEL MATHESON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

14th March 2019