The Road Works (Sharing of Costs of Works) (Scotland) Regulations 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the sharing of costs between the roads authority, bridge authority or transport authority (“the authority”) and the undertaker where the undertaker’s apparatus in a road is affected by major works for roads purposes, major bridge works or major transport works (“the works”) and measures (“protective measures”) are required in relation to that apparatus in consequence of the works or in order to facilitate their execution.

Where the works are initiated by the authority and the protective measures are taken by the undertaker, the authority shall pay to the undertaker the whole of his allowable costs (as defined in regulation 2(2)) but only 82% of this sum shall be payable if 75% of the estimate of 82% of the allowable costs is paid as a lump sum before the works begin or, in the case of works lasting longer than 3 months, by instalments during the carrying out of the works (regulations 3 and 9(a)). Where the works are initiated by the authority and the authority also undertakes the protective measures the undertaker shall pay 18% of the allowable costs (regulation 4). Where the undertaker requests the authority to move his apparatus solely because of a change in the type of road construction, he is liable to pay the whole of the allowable costs (regulation 5). In the case of works initiated by a person other than an authority in its capacity as such or an undertaker, the foregoing provisions apply to protective measures depending on whether they are taken by the authority or the undertaker but allowance must be made in full for any contribution agreed to be made towards the cost of those measures (regulation 6).

An undertaker is not liable for costs in relation to providing space in, or strengthening of, a bridge to accommodate his apparatus (regulation 7(1)) and cannot recover costs where he has placed his apparatus in the road after the authority has given him statutory notice of his intention to carry out works (regulation 7(2)). Provision is made requiring the undertaker to give credit for any gain received by him from betterment of his apparatus or deferment of the need to renew his apparatus resulting from protective measures taken (regulation 8). Further provision is made as to the timing and manner of payment (regulation 9(b)) and exclusions (regulation 10).

A copy of the Code may be inspected during business hours at New St Andrew’s House, Edinburgh and may be purchased through HMSO.