The Scottish Road Works Register (Prescribed Fees) Regulations 2011

Made: 26th January 2011

Laid before the Scottish Parliament: 28th January 2011

Coming into force in accordance with regulation

as they think appropriate.

Citation and commencement

1

• (1) These Regulations may be cited as the Scottish Road Works Register (Prescribed Fees) Regulations2011 and, except as provided in paragraph(2), come into force on 28thFebruary 2011.

• (2) Regulation4 comes into force on 1stApril 2011.

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 2011;

• “relevant period” means the period of 12months ending on 31stDecember 2010;

• “relevant undertaker” means an undertaker who has entered a notice in the SRWR[^f00003] in the relevant period;

• “undertaker” has the same meaning as in section107(4) of the Act but excludes those persons granted permission under section109 of the Act to execute road works.

Prescribed fees

3

• (1) For the financial year, payment to the Commissioner[^f00004] of the prescribed fee, calculated in accordance with paragraphs(3) and (4), by roads authorities[^f00005] and relevant undertakers respectively is a condition of access to the SRWR as mentioned in section112A(3) of the Act.

• (2) Payments due to the Commissioner under this regulation shall be made within 90days of receipt of the invoice from the Commissioner.

• (3) For each roads authority, the prescribed fee for the purposes of section112A(4)(a) of the Act shall be calculated in accordance with the formula—

$$R x (£1,017,000 − £A)$ where— R is the figure shown in column2 of the Schedule to these Regulations in relation to the roads authority specified in the corresponding entry in column1 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 regulation3 of the Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 2008[^f00006].$

• (4) For each relevant undertaker, the prescribed fee for the purposes of section112A(4)(a) of the Act shall be calculated in accordance with the formula—

$N TN x (£1,017,000− £A) x 0.65$

where—

• N is the number of notices, entered by the relevant undertaker to which the calculation relates, in the SRWR in the relevant period;

• 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(3).

Revocation

4

The Scottish Road Works Register (Prescribed Fees) Regulations 2010[^f00007] are revoked.

SCHEDULE — FIGURE FOR ROADS AUTHORITIES IN RELATION TO FORMULA FOR CALCULATION OF PRESCRIBED FEES AT REGULATION3(3)

Signed

K BROWN — Authorised to sign by the Scottish Ministers — 26th January 2011

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

Section112A(1) of the New Roads and Street Works Act 1991 (“theAct”) (as inserted by section19 of the Transport (Scotland) Act 2005) provides for the Scottish Road Works Commissioner (“theCommissioner”) to keep a register to be known as the Scottish Road Works Register (“theSRWR”).

Section112A(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.

Regulation3(1) provides that, for the financial year commencing on 1stApril 2011, 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 section112A(3) of the Act.

Regulations3(3) and(4) provide formulas for the calculation of the prescribed fee for roads authorities and relevant undertakers respectively.

Regulation4 revokes the Scottish Road Works Register (Prescribed Fees) Regulations 2010.

Footnotes

[^f00001]: 1991 c.22. Section112A was inserted by section19 of the Transport (Scotland) Act 2005 (asp12) (“the 2005 Act”). The functions of the Secretary of State in section163(1) were transferred to the Scottish Ministers, so far as within devolved competence, by section53 of the Scotland Act 1998 (c.46).

[^f00002]: Section163A was inserted by section39 of the 2005 Act.

[^f00003]: The Scottish Road Works Register is kept in terms of section 112A(1) of the New Roads and Street Works Act 1991 (“the Act”).

[^f00004]: The Scottish Road Works Commissioner is created by section16(1) of the 2005 Act and defined in section112A(1) of the Act.

[^f00005]: 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).

[^f00006]: S.S.I.2008/16, amended by S.S.I. 2009/26.