(This note is not part of the Regulations)
Section 112A(1) of the New Roads and Street Works Act 1991 (“the Act”) (as inserted by section 19 of the Transport (Scotland) Act 2005) (asp. 12)) provides for the Scottish Road Works Commissioner (“the Commissioner”) to keep a register to be known as the Scottish Road Works Register (“the SRWR”).
Section 112A(4) 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.
The Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 2008 (S.S.I. 2008/16) have already prescribed certain persons as prescribed persons.
Regulation 3(1) provides that, for the financial year commencing on 1st April 2009, 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.
Regulations 3(3) and (4) provide formulas for the calculation of the prescribed fee for roads authorities and relevant undertakers.
Regulation 4 revokes provisions in the Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 2008 which will become spent on the new financial year commencing on 1st April 2009.