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Scottish Statutory Instruments

2008 No.

roads and bridges

The Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 2008

Made - - - - 2008

Laid before the Scottish Parliament 2008

Coming into force - - [ 2008]

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( a) and all other powers enabling them to do so.

In accordance with section 163A of that Act( b) they have consulted with such persons and road works authorities as they think appropriate.

Citation and commencement

1. These Regulations may be cited as the Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 2008 and come into force on [ 2008].

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 in each calendar year;

"local authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994( c);

"relevant apparatus" means apparatus( d) in a road, other than for roads purposes, as at 31st December in the calendar year last ending before the financial year to which the prescribed amount relates;

"relevant undertaker" means an undertaker who has entered a notice in the voluntary register run by local authorities prior to the establishment of the SRWR( e) in the 3 year period ending on 31st December 2007; and

"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 persons and amounts

3. (1) For the purposes of section 112A(4)(b) of the Act, prescribed( f) persons are as follows-

(a) roads authorities( g); and

(b) undertakers.

(2) The roads authorities specified in column 1 of Schedule 1 shall each pay to the Commissioner( h), for every financial year beginning with that commencing on 1st April 2008, the prescribed amount shown in the corresponding entry in column 2 of that Schedule.

(3) An undertaker shall pay to the Commissioner, for every financial year beginning with that commencing on 1st April 2008, the prescribed amount in accordance with the following sub-paragraphs-

(a) where an undertaker has relevant apparatus in at least 1 but fewer than 6 local authority areas in Scotland, the prescribed amount is £2,500;

(b) where an undertaker has relevant apparatus in between 6 and 10 local authority areas in Scotland, the prescribed amount is £5,000; and

(c) where an undertaker has relevant apparatus in more than 10 local authority areas in Scotland, the prescribed amount is £10,000.

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

Prescribed fees

4. (1) For the financial year commencing on 1st April 2008, payment to the Commissioner of the prescribed fee, calculated in accordance with paragraphs (3) and (4), by roads authorities and relevant undertakers is a condition of access to the SRWR as mentioned in section 112A(3) of the Act.

(2) Payments due to the Commissioner under this regulation shall be made within 90 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-

R x (£[estimated cost of running the SRWR = tbc]-£A)

where-

R is the figure shown in column 2 of Schedule 2 for the roads authority specified in column 1 of that Schedule to which the calculation relates; and

£A is the total amount payable to the Commissioner by way of prescribed amounts under regulation 3 for the financial year commencing on 1st April 2008.

(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 in the voluntary register run by local authorities prior to the establishment of the SRWR by the relevant undertaker to which the calculation relates over the 3 year period ending on 31st December 2007;

TN is the total number of notices entered in the voluntary register run by local authorities prior to the establishment of the SRWR by all undertakers over that same 3 year period; and

£A is the total amount payable to the Commissioner by way of prescribed amounts under regulation 3 for the financial year commencing on 1st April 2008.

Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
2008

SCHEDULE 1 Regulation 3(2)

PRESCRIBED AMOUNTS PAYABLE TO THE COMMISSIONER BY ROADS AUTHORITIES

SCHEDULE 2 Regulation 4(3)

FIGURE FOR ROADS AUTHORITIES IN RELATION TO FORMULA AT REGULATION 4(3)

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 power.

Regulation 3(1) prescribes persons for the purposes of section 112A(4)(b) as being roads authorities and undertakers.

Regulations 3(2) and (3) and Schedule 1 prescribe different amounts to be paid annually to the Commissioner by the prescribed persons.

Regulation 4(1) provides that, for the financial year commencing on 1st April 2008, 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.

Regulations 4(3) and (4) and Schedule 2 provide formulas for the calculation of the prescribed fee for roads authorities and relevant undertakers respectively.

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