2015 No. 89

Roads And Bridges

The Scottish Road Works Register (Prescribed Fees) Regulations 2015

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 112A(4) and 163(1) of the New Roads and Street Works Act 19911 and all other powers enabling them to do so.

In accordance with section 163A of that Act2 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 commencement1

These Regulations may be cited as the Scottish Road Works Register (Prescribed Fees) Regulations 2015 and come into force on 1st April 2015.

Interpretation2

In these Regulations—

  • “the Act” means the New Roads and Street Works Act 1991;

  • “financial year 2015/16” means the period of 12 months commencing on 1st April 2015;

  • “financial year 2016/17” means the period of 12 months commencing on 1st April 2016;

  • “first relevant period” means the period of 12 months ending on 31st December 2014;

  • “second relevant period” means the period of 12 months ending on 31st December 2015;

  • “relevant undertaker” means an undertaker who has entered a notice in the Scottish Road Works Register3 in the first relevant period or the second 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 fees3

1

For financial year 2015/16, payment to the Commissioner4 of the prescribed fee, calculated in accordance with paragraphs (4) and (5), by roads authorities5 and relevant undertakers respectively is a condition of access to the Scottish Road Works Register as mentioned in section 112A(3) of the Act.

2

For financial year 2016/17, payment to the Commissioner of the prescribed fee, calculated in accordance with paragraphs (6) and (7), by roads authorities and relevant undertakers respectively is a condition of access to the Scottish Road Works Register as mentioned in section 112A(3) of the Act.

3

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

4

For each roads authority, the prescribed fee for financial year 2015/16 for the purposes of section 112A(4)(a) of the Act must be calculated in accordance with the formula—

R × (£783,150 − £A)math

where—

  • R is the figure shown in column 2 of the Schedule to 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 2015/16 pursuant to regulation 3 of the Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 20086.

5

For each relevant undertaker, the prescribed fee for the purposes of section 112A(4)(a) of the Act must be calculated in accordance with the formula—

NTN× (£783,150 − £A) × 0.65math

where—

  • N is the number of notices entered by the relevant undertaker to which the calculation relates, in the Scottish Road Works Register in the first relevant period;

  • TN is the total number of notices entered by all relevant undertakers in the Scottish Road Works Register in the first relevant period; and

  • £A has the same meaning as in paragraph (4).

6

For each roads authority, the prescribed fee for financial year 2016/17 for the purposes of section 112A(4)(a) of the Act must be calculated in accordance with the formula—

R × (£831,566 − £A)math

where—

  • R has the same meaning as in paragraph (4); and

  • £A is the total amount payable to the Commissioner by way of prescribed amounts for financial year 2016/17 pursuant to regulation 3 of the Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 2008.

7

For each relevant undertaker, the prescribed fee for the purposes of section 112A(4)(a) of the Act must be calculated in accordance with the formula—

NTN× (£831,566 − £A) × 0.65math

where—

  • N is the number of notices entered by the relevant undertaker to which the calculation relates, in the Scottish Road Works Register in the second relevant period;

  • TN is the total number of notices entered by all relevant undertakers in the Scottish Road Works Register in the second relevant period; and

  • £A has the same meaning as in paragraph (6).

Revocation4

The Scottish Road Works Register (Prescribed Fees) Regulations 20147 are revoked.

DEREK MACKAYAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

SCHEDULEFIGURE FOR ROADS AUTHORITIES IN RELATION TO FORMULA FOR CALCULATION OF PRESCRIBED FEES AT REGULATION 3(4) and (6)

Regulation 3(4) and (6)

Column 1

Column 2

Roads Authority

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

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”) (as inserted by section 19 of the Transport (Scotland) Act 2005) 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.

Regulation 3(1) and (2) provides that, for the financial years commencing on 1st April 2015 and 1st April 2016 respectively, 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.

Regulation 3(4) and (5) provides formulas for the calculation of the prescribed fee for roads authorities and relevant undertakers respectively for the financial year 2015/16.

Regulation 3(6) and (7) provides formulas for the calculation of the prescribed fee for roads authorities and relevant undertakers respectively for the financial year 2016/17.

Regulation 4 revokes the Scottish Road Works Register (Prescribed Fees) Regulations 2014.

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.