2021 No. 431

Roads And Bridges

The Scottish Road Works Commissioner (Imposition of Penalties) Amendment Regulations 2021

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 119A 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—

  1. a

    persons considered by them to be representative of the interests of undertakers,

  2. b

    road works authorities, and

  3. c

    other persons,

as they think appropriate.

Citation and commencement1

These Regulations may be cited as the Scottish Road Works Commissioner (Imposition of Penalties) Amendment Regulations 2021 and come into force on 1 February 2022.

Amendment of the Scottish Road Works Commissioner (Imposition of Penalties) Regulations 20072

The Scottish Road Works Commissioner (Imposition of Penalties) Regulations 20073 are amended as follows—

a

in regulation 4(2) (level of penalties), for “£50,000” substitute “£100,000”,

b

in regulation 8(4)(c) (appeals), for “£50,000” substitute “£100,000”.

GRAEME DEYAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Scottish Road Works Commissioner (Imposition of Penalties) Regulations 2007 (“the 2007 Regulations”).

Regulation 2(a) amends regulation 4(2) of the 2007 Regulations by increasing the maximum penalty which can be imposed by the Scottish Road Works Commissioner for failure to comply with the duties mentioned in regulation 3. The maximum penalty is increased from £50,000 to £100,000.

Regulation 2(b) amends regulation 8(4)(c) of the 2007 Regulations by increasing the maximum penalty which can be imposed by a sheriff when disposing of an appeal against a penalty imposed by the Scottish Road Works Commissioner from £50,000 to £100,000.