The Road Works (Scottish Road Works Register Fees and Miscellaneous Amendment) Regulations 2024

Scottish Statutory Instruments

2024 No. 23

Roads And Bridges

The Road Works (Scottish Road Works Register Fees and Miscellaneous Amendment) Regulations 2024

Made

23rd January 2024

Laid before the Scottish Parliament

25th January 2024

Coming into force

1st April 2024

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 61B(9) of the Roads (Scotland) Act 1984(1) and sections 112A(4), 126 and 163(1) of the New Roads and Street Works Act 1991(2) and all other powers enabling them to do so.

In accordance with section 163A of the New Roads and Street Works Act 1991(3) they have consulted with such—

(a) persons considered by them to be representative of the interests of undertakers,

(b) road works authorities, and

(c) other persons,

as they think appropriate.

Citation and commencement

1.  These Regulations may be cited as the Road Works (Scottish Road Works Register Fees and Miscellaneous Amendment) Regulations 2024 and come into force on 1 April 2024.

Interpretation

2.  In these Regulations—

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

“financial year 2024/2025” means the period of 12 months commencing on 1 April 2024,

“relevant period” means the period of 12 months ending on 31 December 2023,

“relevant undertaker” means an undertaker who has entered a notice in the SRWR(4) 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) For financial year 2024/2025—

(a) payment to the Commissioner(5) of the prescribed fee, calculated in accordance with paragraph (3), is a condition of access to the SRWR by roads authorities(6) under section 112A(3) of the Act,

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

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

(3) For each roads authority, the prescribed fee for financial year 2024/2025 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 2024/2025 pursuant to regulation 3 of the Scottish Road Works Register (Prescribed Fees and amounts) Regulations 2008(7).

(4) For each relevant undertaker, the prescribed fee for financial year 2024/2025 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 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).

Revocation

4.  The Scottish Road Works Register (Prescribed Fees) Regulations 2022(8) are revoked.

Amendment of the Road Works (Qualifications of Operatives and Supervisors) (Scotland) Regulations 2017

5.—(1) The Road Works (Qualifications of Operatives and Supervisors) (Scotland) Regulations 2017(9) are amended in accordance with paragraph (2).

(2) In regulation 8(1) (qualification registration)—

(a) in sub-paragraph (c) omit “and”,

(b) at the end of sub-paragraph (d) insert—

“,

(e) Highfield Qualifications(10), and

(f) EUIAS(11).”.

Amendment of the Road Works (Reinstatement Quality Plans, Qualifications of Supervisors and Operatives and Miscellaneous Amendments) (Scotland) Regulations 2023

6.—(1) The Road Works (Reinstatement Quality Plans, Qualifications of Supervisors and Operatives and Miscellaneous Amendments) (Scotland) Regulations 2023(12) are amended in accordance with paragraph (2).

(2) In regulation 10(1) (qualification registration)—

(a) in sub-paragraph (c) omit “and”,

(b) at the end of sub-paragraph (d) insert—

“,

(e) Highfield Qualifications(13), and

(f) EUIAS(14).”.

FIONA HYSLOP

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

23rd January 2024

Regulation 3(3)

SCHEDULE FIGURES FOR ROADS AUTHORITIES IN RELATION TO FORMULAE FOR CALCULATION OF PRESCRIBED FEES UNDER REGULATION 3(3)

Column 1 Roads Authority	Column 2 Figure
Aberdeen City	0.018
Aberdeenshire	0.018
Angus	0.006
Argyll & Bute	0.003
City of Edinburgh	0.024
Clackmannanshire	0.003
Comhairle nan Eilean Siar	0.0006
Dumfries & Galloway	0.006
Dundee City	0.009
East Ayrshire	0.009
East Dunbartonshire	0.006
East Lothian	0.006
East Renfrewshire	0.006
Falkirk	0.006
Fife	0.012
Glasgow City	0.03
Highland	0.006
Inverclyde	0.006
Midlothian	0.006
Moray	0.009
North Ayrshire	0.012
North Lanarkshire	0.012
Orkney Islands	0.0012
Perth & Kinross	0.009
Renfrewshire	0.009
Scottish Borders	0.012
The Scottish Ministers	0.056
Shetland Islands	0.0012
South Ayrshire	0.006
South Lanarkshire	0.009
Stirling	0.009
West Dunbartonshire	0.009
West Lothian	0.015

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 112A(1) of the New Roads and Street Works Act 1991 (“the Act”) provides for the Scottish Road Works Commissioner (“the Commissioner”) to keep a register to be known as the Scottish Road Works Register (“SRWR”).

Section 112A(4)(a) of the Act allows the Scottish Ministers, by regulations, to provide that the payment to the Commissioner of the prescribed fee is a condition of access to the SRWR.

Regulation 3(1) provides that, for the financial year 2024/2025 (commencing 1 April 2024) payment to the Commissioner of the prescribed fee by roads authorities and relevant undertakers is a condition of access to the SRWR as mentioned in section 112A(3) of the Act. The term “relevant undertaker” is defined in regulation 2.

Regulation 3(3) and (4) provides formulas for the calculation of the prescribed fee for roads authorities and relevant undertakers respectively for the financial year 2024/2025, commencing on 1 April 2024.

Regulation 4 revokes the Scottish Road Works Register (Prescribed Fees) Regulations 2022.

These Regulations also amend the Road Works (Qualifications of Operatives and Supervisors) (Scotland) Regulations 2017/147, applicable to undertakers, (“the 2017 Regulations”) and the Road Works (Reinstatement Quality Plans, Qualifications of Supervisors and Operatives and Miscellaneous Amendments) (Scotland) Regulations 2023/33, applicable to roads authorities, (“the 2023 Regulations”). Both the 2017 Regulations and the 2023 Regulations prescribe the qualifications required of supervisors and trained operatives executing certain types of road works.

A person is qualified in a type of work if an approved body has issued a certificate of competence showing that the person has been assessed as having the required level of competence in that type of work. Regulation 8(1) of the 2017 Regulations, which sets out the approved bodies, is amended by regulation 5, which adds the names of 2 new bodies (Highfield Awarding Body for Compliance Limited, also known as Highfield Qualifications and Energy and Utility Skills Limited, also known as EUIAS) which have been approved to issue certificates of competence in respect of certain types of road works. The same amendment to regulation 10(1) of the 2023 Regulations is made by regulation 6.

A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from Transport Scotland, Area 2D North, Victoria Quay, Edinburgh, EH6 6QQ and online at www.legislation.gov.uk.

(1)

1984 c. 54. Section 61B was inserted by section 116(1) of the Transport (Scotland) Act 2019 (asp 17).

(2)

1991 c. 22. Section 112A was inserted by section 19 of the Transport (Scotland) Act 2005 (asp 12) (“the 2005 Act”). Section 163(1) includes a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State under sections 126 and 163 were transferred to the Scottish Ministers, so far as within devolved competence, by virtue of section 53 of the Scotland Act 1998 (c. 46).

(3)

Section 163A was inserted by section 39 of the 2005 Act.

(4)

The Scottish Road Works Register is kept in terms of section 112A(1) of the New Roads and Street Works Act 1991 (“the 1991 Act”), which also defines “the SRWR”.

(5)

The Scottish Road Works Commissioner, created by section 16(1) of the Transport (Scotland) Act 2005, has functions under section 112A(1) of the 1991 Act, which also defines “the Commissioner”.

(6)

Section 145(1) of the 1991 Act defines “roads authority” as having the same meaning as in section 151 of the Roads (Scotland) Act 1984 (c. 54).

(7)

S.S.I. 2008/16. Regulation 3(4) was amended by regulation 5 of S.S.I. 2014/58.

(8)

S.S.I. 2022/9.

(9)

S.S.I. 2017/147, as relevantly amended by S.S.I. 2019/159.

(10)

Highfield Qualifications means Highfield Awarding Body for Compliance Limited, a limited company registered in England and Wales under company number 06478925.

(11)

EUIAS means Energy and Utility Skills Limited, a company limited by guarantee and registered in England and Wales under company number 03812163.

(12)

S.S.I. 2023/33.

(13)

Highfield Qualifications means Highfield Awarding Body for Compliance Limited, a limited company registered in England and Wales under company number 06478925.

(14)

EUIAS means Energy and Utility Skills Limited, a company limited by guarantee and registered in England and Wales under company number 03812163.