Scottish Statutory Instruments
2014 No. 58
Roads And Bridges
The Scottish Road Works Register (Prescribed Fees) Regulations 2014
Made
26th February 2014
Laid before the Scottish Parliament
28th February 2014
Coming into force
1st April 2014
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(1) and all other powers enabling them to do so.
In accordance with section 163A of that Act(2) they have consulted with such—
persons considered by them to be representative of the interests of undertakers,
road works authorities, and
other persons,
as they think appropriate.
Citation and commencement
1. These Regulations may be cited as the Scottish Road Works Register (Prescribed Fees) Regulations 2014 and come into force on 1st April 2014.
Interpretation
2. In these Regulations—
“the Act” means the New Roads and Street Works Act 1991;
“financial year” means the period of 12 months commencing on 1st April 2014;
“relevant period” means the period of 12 months ending on 31st December 2013;
“relevant undertaker” means an undertaker who has entered a notice in the Scottish Road Works Register(3) in the 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 fees
3.—(1) For the financial year, payment to the Commissioner(4) of the prescribed fee, calculated in accordance with paragraphs (3) and (4), by roads authorities(5) 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) Payments due to the Commissioner under this regulation shall be made within 60 days of receipt of the invoice from the Commissioner.
(3) For each roads authority, the prescribed fee for the purposes of section 112A(4)(a) of the Act shall be calculated in accordance with the formula—
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 the financial year pursuant to regulation 3 of the Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 2008(6).
(4) For each relevant undertaker, the prescribed fee for the purposes of section 112A(4)(a) of the Act shall be calculated in accordance with the formula—
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 relevant period;
TN is the total number of notices entered by all relevant undertakers in the Scottish Road Works Register in the relevant period; and
£A has the same meaning as in paragraph (3).
Revocation
4. The Scottish Road Works Register (Prescribed Fees) Regulations 2013(7) are revoked.
Amendment of the Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 2008
5. In regulation 3(4) (prescribed persons and amounts) of the Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 2008, for “90” substitute “60.”
K BROWN
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
26th February 2014
Regulation 3(3)
SCHEDULEFIGURE FOR ROADS AUTHORITIES IN RELATION TO FORMULA FOR CALCULATION OF PRESCRIBED FEES AT REGULATION 3(3)
| 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) provides that, for the financial year commencing on 1st April 2014, 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(3) and (4) provides formulas for the calculation of the prescribed fee for roads authorities and relevant undertakers respectively.
Regulation 4 revokes the Scottish Road Works Register (Prescribed Fees) Regulations 2013.
Regulation 5 amends the Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 2008 to reduce the payment period for contributions to the general upkeep of the register from 90 days to 60 days, to align it with the payment period provided for in regulation 3(2)
1991 c.22. Section 112A was inserted by section 19 of the Transport (Scotland) Act 2005 (asp 12) (“the 2005 Act”). The functions of the Secretary of State in section 163(1) were transferred to the Scottish Ministers, so far as within devolved competence, by section 53 of the Scotland Act 1998 (c.46).
Section 163A was inserted by section 39 of the 2005 Act.
The Scottish Road Works Register is kept in terms of section 112A(1) of the New Roads and Street Works Act 1991.
The Scottish Road Works Commissioner is created by section 16(1) of the 2005 Act and defined in section 112A(1) of the Act.
Section 145(1) of the Act defines “roads authority” as having the same meaning as in section 151 of the Roads (Scotland) Act 1984 (c.54).
S.S.I. 2008/16, amended by S.S.I. 2009/26.