SCOTTISH STATUTORY INSTRUMENT
2020 No. 35
Roads And Bridges
The Scottish Road Works Register (Prescribed Fees) Regulations 2020
Made 18th February 2020
Laid before the Scottish Parliament 20th February 2020
Coming into force 1st April 2020
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 1991and all other powers enabling them to do so.
In accordance with section 163A of that Actthey 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.
S-1
Citation and commencementCitation and commencement
1. These Regulations may be cited as the Scottish Road Works Register (Prescribed Fees) Regulations 2020 and come into force on 1 April 2020.
Interpretation
2. In these Regulations—
“the Act” means the New Roads and Street Works Act 1991,
“financial year 2020/21” means the period of 12 months commencing on 1 April 2020,
“relevant period” means the period of 12 months ending on 31 December 2019,
“relevant undertaker” means an undertaker who has entered a notice in the SRWRin 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) This regulation applies in respect of financial year 2020/21.
(2) Payment to the Commissionerof the prescribed fee, calculated in accordance with paragraph (5), is a condition of access to the SRWR by roads authoritiesunder section 112A(3) of the Act.
(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—
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 2020/21 pursuant to regulation 3 of the Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 2008.
(6) 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—
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 2019are revoked.
MICHAEL MATHESON
A member of the Scottish Government
St Andrew’s House,
Edinburgh
18th February 2020
SCHEDULE
Regulation 3(5)
FIGURE FOR ROADS AUTHORITIES IN RELATION TO FORMULA FOR CALCULATION OF PRESCRIBED FEES AT 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...
