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CONSULTATION DRAFT
Scottish Statutory Instruments
2007 No.
ROADS AND BRIDGES
The Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 2007
Made - - - - 2007
Laid before the Scottish Parliament 2007
Coming into force - - 2007
The Scottish Ministers, in exercise of the powers conferred by section 112A(4) and 163(1) of the New Roads and Street Works Act 1991 (a) and of all other powers enabling them in that behalf, following consultation in terms of section 163A of that Act (b), hereby make the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 2007 and shall come into force on [ ].
Interpretation
2. In these Regulations-
"the Act" means the New Roads and Street Works Act 1991;
"local authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c);
"roads authority" has the same meaning as in section 151 of the Roads (Scotland) Act 1984 (d);
"road managers" has the same meaning as in section 108(4) of the Act;
"road works authority" has the same meaning as in section 108(1) of the Act; and
"undertaker" has the same meaning as in sections 107(4) and (5) and 148(3) of the Act.
Prescribed persons and amounts
3. -(1) For the purposes of section 112A(4)(b) of the Act, prescribed persons are as follows-
(a) roads works authorities; and
(b) undertakers.
(2) Subject to paragraphs (3) and (4), road works authorities shall each pay annually to the Commissioner the prescribed amount in accordance with the following sub-paragraphs-
(a) where the population of the area covered by the authority represents less than 1% of the population of Scotland (e), the prescribed amount for that authority is £500;
(b) where the population of the area covered by the authority represents between 1% and 5% of the population of Scotland, the prescribed amount for that authority is £1,000; and
(c) where the population of the area covered by the authority represents more than 5% of the population of Scotland, the prescribed amount for that authority is £2,000.
(3) Where the Scottish Ministers are the road works authority, the prescribed amount is £2,000.
(4) Where a road manager using the SRWR is the road works authority, the prescribed amount is £500.
(5) An undertaker shall pay annually to the Commissioner the prescribed amount in accordance with the following sub-paragraphs-
(a) where an undertaker executes road works in fewer than 5 local authority areas in Scotland, the prescribed amount is £2,500;
(b) where an undertaker executes road works in between 5 and 10 local authority areas in Scotland, the prescribed amount is £5,000; and
(c) where an undertaker executes road works in more than 10 local authority areas in Scotland, the prescribed amount is £10,000.
Prescribed fee
4. -(1) Payment to the Commissioner of the prescribed fee within 90 days of the end of each financial year is a condition of access to the SRWR as mentioned in section 112A(3) of the Act.
(2) For the purposes of section 112A(4)(a), the prescribed fee shall be calculated by applying the formula-
N% of (£C-£A)
where-
N% is the average annual percentage over a three year period of the total number of notices entered in the SRWR by each person prescribed in regulation 3(1);
£C is the total cost of keeping the SRWR in that financial year; and
£A is the total amount paid to the Commissioner in that financial year by way of prescribed amounts in accordance with regulation 3.
(3) For the purposes of paragraph (2), "financial year" means 1st April to 31st March in each calendar year.
A member of the Scottish Executive
St Andrew's House,
Edinburgh
2007
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) 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 and they may make other provision as to the payment to the Commissioner by such persons as are prescribed of such amounts as are prescribed. These Regulations exercise that enabling power.
Regulation 3(1) prescribes persons for the purposes of section 112A(4)(b) as being road works authorities and undertakers.
Regulations 3(2) to (5) prescribe different amounts to be paid annually to the Commissioner by the prescribed persons.
Regulation 4(1) provides that payment to the Commissioner of the prescribed fee per annum is a condition of access to the SRWR as mentioned in section 112A(3) of the Act. Regulation 4(2) provides a formula for the calculation of the prescribed fee.
Footnotes
(a) 1991 c.22. Section 112A was inserted into the 1991 Act by section 19 of the Transport (Scotland) Act 2005 (asp 12).
(b) Section 163A was inserted by section 39 of the Transport (Scotland) Act 2005.
(c) 1994 c.39.
(d) 1984 c.54.
(e) The population of Scotland as contained in the latest Annual Report published by the General Register Office for Scotland, available at http://www.gro-scotland.gov.uk/statistics/library/annrep/index.html.
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