The Road Works (Scottish Road Works Register Fees and Miscellaneous Amendment) Regulations 2024

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 112A(1) of the New Roads and Street Works Act 1991 (“the Act”) provides for the Scottish Road Works Commissioner (“the Commissioner”) to keep a register to be known as the Scottish Road Works Register (“SRWR”).

Section 112A(4)(a) 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 financial year 2024/2025 (commencing 1 April 2024) 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. The term “relevant undertaker” is defined in regulation 2.

Regulation 3(3) and (4) provides formulas for the calculation of the prescribed fee for roads authorities and relevant undertakers respectively for the financial year 2024/2025, commencing on 1 April 2024.

Regulation 4 revokes the Scottish Road Works Register (Prescribed Fees) Regulations 2022.

These Regulations also amend the Road Works (Qualifications of Operatives and Supervisors) (Scotland) Regulations 2017/147, applicable to undertakers, (“the 2017 Regulations”) and the Road Works (Reinstatement Quality Plans, Qualifications of Supervisors and Operatives and Miscellaneous Amendments) (Scotland) Regulations 2023/33, applicable to roads authorities, (“the 2023 Regulations”). Both the 2017 Regulations and the 2023 Regulations prescribe the qualifications required of supervisors and trained operatives executing certain types of road works.

A person is qualified in a type of work if an approved body has issued a certificate of competence showing that the person has been assessed as having the required level of competence in that type of work. Regulation 8(1) of the 2017 Regulations, which sets out the approved bodies, is amended by regulation 5, which adds the names of 2 new bodies (Highfield Awarding Body for Compliance Limited, also known as Highfield Qualifications and Energy and Utility Skills Limited, also known as EUIAS) which have been approved to issue certificates of competence in respect of certain types of road works. The same amendment to regulation 10(1) of the 2023 Regulations is made by regulation 6.

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.