The Removal of Vehicles (Prescribed Charges) (Scotland) Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

Part II of the New Roads and Street Works Act 1991 (“the Act”) introduced to Scotland a new means of providing new roads. This involves the charging of tolls as authorised by a toll order under the Act.

Section 38(2) of the Act empowers a person employed for the purposes of collecting tolls (“the toll collector”) payable by virtue of a toll order to–

(a) refuse a person to pass if he fails to pay the toll without reasonable excuse; and

(b) require the person in default to remove his vehicle, which failing the toll collector may cause the vehicle to be removed.

In the event that the toll collector has to remove the vehicle, the person in default is liable to pay a prescribed charge in respect of that removal (see section 38(3)).

These Regulations prescribe the amount of that charge (regulation 2(1)) and also provide for the amount of the charge to be varied in accordance with a formula, namely increased or decreased by reference to a particular Retail Price Index (regulation 2(2)).

That Retail Price Index is published in Business Monitor which is available from The Stationery Office Publications Centre, PO Box 276, London SW8 5DT.