Scottish Statutory Instruments
2021 No. 48
Roads And Bridges
The Scottish Road Works Register (Prescribed Fees) Regulations 2021
Made 27th January 2021
Laid before the Scottish Parliament 29th January 2021
Coming into force 1st April 2021

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 1991 and all other powers enabling them to do so.
1991 c.22. Section 112A was inserted by section 19 of the Transport (Scotland) Act 2005 (asp 12) (“the 2005 Act”). Section 163(1) includes a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State under section 163(1) were transferred to the Scottish Ministers, so far as within devolved competence, by virtue of section 53 of the Scotland Act 1998 (c.46).
In accordance with section 163A of that Act they have consulted with such—
Section 163A was inserted by section 39 of the 2005 Act.
(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 commencement
1. These Regulations may be cited as the Scottish Road Works Register (Prescribed Fees) Regulations 2021 and come into force on 1 April 2021.

Interpretation
2. In these Regulations—
“the Act” means the New Roads and Street Works Act 1991,
“financial year 2021/2022” means the period of 12 months commencing on 1 April 2021,
“relevant period” means the period of 12 months ending on 31 December 2020,
“ relevant undertaker” means an undertaker who has entered a notice in the SRWR in the relevant period,
The Scottish Road Works Register is kept in terms of section 112A(1) of the New Roads and Street Works Act 1991 (“the 1991 Act”). Section 112A(1) of that Act defines “the SRWR”.
“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 fees
3. (1) This regulation applies in respect of financial year 2021/22.
(2) Payment to the Commissioner of the prescribed fee, calculated in accordance with paragraph (5), is a condition of access to the SRWR by roads authorities under section 112A(3) of the Act.
The Scottish Road Works Commissioner is created by section 16(1) of the 2005 Act and has functions under section 112A(1) of the 1991 Act. Section 112A(1) of that Act defines “the Commissioner”.
Section 145(1) of the 1991 Act defines “roads authority” as having the same meaning as in section 151 of the Roads (Scotland) Act 1984 (c.54).
(3) Payment to the Commissioner of the prescribed fee, calculated in accordance with paragraph (6), is a condition of access to the SRWR by relevant undertakers under section 112A(3) of the Act.
(4) Payments due to the Commissioner under this regulation must be made within 60 days of receipt of the invoice from the Commissioner.
(5) For each roads authority, the prescribed fee for the purposes of section 112A(4)(a) of the Act must be calculated in accordance with the formula—
R×(£915,000-£A)
where—
R is the figure shown in column 2 of the schedule of 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 2021/22 pursuant to regulation 3 of the Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 2008.
S.S.I. 2008/16. Regulation 3 was amended by S.S.I. 2014/58.
(6) For each relevant undertaker, the prescribed fee for the purpose of section 112A(4)(a) of the Act must be calculated in accordance with the formula—
NTN×(£915,000-£A)×0.65
where—
N is the number of notices entered by the relevant undertaker in the SRWR in the relevant period to which the calculation relates,
TN is the total number of notices entered by all relevant undertakers in the SRWR in the relevant period, and
£A has the same meaning as in paragraph (5).

Revocation
4. The Scottish Road Works Register (Prescribed fees) Regulations 2020 are revoked.
S.S.I. 2020/35.
MICHAEL MATHESON
A member of the Scottish Government
St Andrew’s House,
Edinburgh
27th January 2021

SCHEDULE FIGURE FOR ROADS AUTHORITIES IN RELATION TO FORMULA FOR CALCULATION OF PRESCRIBED FEES AT REGULATION 3(5)
Regulation 3(5)
Column 1 Roads Authority	Column 2 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
The 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) provides that, for the period from 1 April 2021 to 31 March 2022, 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(5) and (6) provides formulas for the calculation of the prescribed fee for roads authorities and relevant undertakers respectively for the period from 1 April 2021 to 31 March 2022.
Regulation 4 revokes the Scottish Road Works Register (Prescribed Fees) Regulations 2020.
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.