The Scottish Road Works Register (Prescribed Fees) Regulations 2022

Citation and commencement

1.  These Regulations may be cited as the Scottish Road Works Register (Prescribed Fees) Regulations 2022 and come into force on 1 April 2022.

Interpretation

2.  In these Regulations—

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

“financial year 2022/2023” means the period of 12 months commencing on 1 April 2022,

“financial year 2023/2024” means the period of 12 months commencing on 1 April 2023,

“first relevant period” means the period of 12 months ending on 31 December 2021,

“second relevant period” means the period of 12 months ending on 31 December 2022,

“relevant undertaker” means an undertaker who has entered a notice in the SRWR(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 2022/2023—

(a) payment to the Commissioner(2) of the prescribed fee, calculated in accordance with paragraph (4), is a condition of access to the SRWR by roads authorities(3) under section 112A(3) of the Act,

(b) payment to the Commissioner of the prescribed fee, calculated in accordance with paragraph (5), is a condition of access to the SRWR by relevant undertakers under section 112A(3) of the Act.

(2) For financial year 2023/2024—

(a) payment to the Commissioner of the prescribed fee, calculated in accordance with paragraph (6), is a condition of access to the SRWR by roads authorities under section 112A(3) of the Act,

(b) payment to the Commissioner of the prescribed fee, calculated in accordance with paragraph (7), is a condition of access to the SRWR by relevant undertakers under 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 2022/2023 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 2022/23 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 2022/2023 for the purpose 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 first relevant period,

• TN is the total number of notices entered by all relevant undertakers in the SRWR 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 2023/2024 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 2023/24 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 2023/2024 for the purpose 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 second relevant period,

• TN is the total number of notices entered by all relevant undertakers in the SRWR 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 2021(5) are revoked.

GRAEME DEY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

17th January 2022