The Road Works (Inspection Fees) (Scotland) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

The Road Works (Inspection Fees) Regulations 1992 as amended by the Road Works (Inspection Fees) (Amendment) (Scotland) Regulations 2002 prescribe a scheme for the payment by undertakers for inspections of their works by roads authorities. These Regulations revoke the 1992 Regulations and the 2002 Regulations and re-enact those Regulations to give effect to the following changes:

The maximum number of “Chargeable units of inspection” in each phase of works has been increased from 6.5 per cent to 10.5 per cent of the total number of reckonable units of inspection in any year. This is consequent to the reduction in the number of phases from five to three. The maximum total number of chargeable units remains at 30 per cent of the total number of reckonable units of inspection in any year (regulation 3(2)).

“Unit of inspection”, in the case of clusters of not more than 5 excavations (or not more than 10 where the works relate to service pipes or lines) is redefined so that the previous requirement that in these cases, all the excavations are the subject of one notice of starting date, is replaced by two requirements, that all excavations are in the same road, and that they be part of the same works (regulation 3(3)).

The five “Phases of work” contained in the 1992 regulations are now replaced by three (regulation 3(4)).

“Estimated numbers of units of inspection” is replaced by “reckonable number of units of inspection”, being the average number of units of inspection for that undertaker during the three preceding years (regulation 3(5)). Regulation 3(6) and (7) makes provision for new undertakers to estimate the number of units of inspection they expect to generate for the first three years.

These Regulations provide for an increase to £20.00 (previously £15.50) in the fee payable by undertakers for inspections of their work by roads authorities.