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Further legislative changes

6.1 We will seek an early opportunity to introduce legislation in the Scottish Parliament to take forward our other legislative proposals for extending concessionary travel, improving roadworks and a number of other changes.

Legislative proposals on concessionary travel
6.2 One of the issues on the implementation of our commitments to do more in relation to concessionary travel relates to management of and responsibility for concessionary travel schemes ­ and particularly the roles which might be taken by local authorities, regional transport partnerships and the national transport agency.

6.3 One option is that the national agency should run schemes and we intend to take powers to enable Scottish Ministers to run concessionary travel schemes at their own hand. The powers will be discretionary so that the agency can be charged at some stage in the future with direct delivery of concessionary travel schemes if that is what we decide. The powers will be in addition to those given to local authorities in the Transport Act 1985 to run schemes. Like the current legislation, we intend to legislate also on such matters as the administration of schemes, reimbursement of operators, the right of operators to participate, the right of Scottish Ministers to require participation and provisions on appeals by operators about compulsory participation.

Legislative proposals on roadworks
6.4 Utility company roadworks are a fact of life if we want access to essential utilities such as water, gas, electricity and communications. But poorly co-ordinated roadworks can cause traffic congestion, costing business money, and creating inconvenience and delay for us all. Poor-quality roadworks also cause deterioration in road surfaces over time, and increase maintenance costs for roads authorities. We are committed to action which keeps Scotland’s transport infrastructure working effectively.

• congestion, delays, environmental issues, inconvenience and the cost of congestion to business;
  
• poor-quality reinstatements (‘putting back’ the road after works are complete);
  
• lack of notification of roadworks to roads authorities before they begin;
  
• inaccurate, incomplete or out-of-date records about roadworks on the Scottish Road Works Register (SRWR);
  
• safety of the public;
  
• roadworks which overrun;
  
• roads being excavated more than once;
  
• unplanned emergency works which do not appear on the SRWR, and the type of works which are classified as emergency.

6.7 The responses⁴⁹ included many carefully considered comments, drawing on significant experience in this area. A range of statutory undertakers (those who are responsible for roadworks, including utility companies) responded to the consultation. In response to some questions, it was clear that utility companies and local authorities (two of the largest respondent groups) had very different views, and it was difficult to gather a "majority" view for many of the questions asked. However an overview of the key findings shows:

• overall, a larger proportion of respondents were in favour of new primary legislation. For the reason given above, there was no majority view from the total responses on whether new primary legislation is required;
• utility companies felt that any changes in legislation should apply to both roads authorities and other undertakers;
  
• there was a range of suggestions about improving co-ordination of roadworks, in particular by improvements to the SRWR;
  
• a range of suggestions was provided on improving quality of roadworks, for example by strengthening existing Codes of Practice (although it was not felt that this alone would be sufficient);
  
• there was a split in views on the issue of charging for roadworks. Again many local authorities were in favour whilst utility companies were against. Both these groups identified increased administration (and therefore costs) if charges were introduced; there was more agreement about the need for penalties when things go wrong;
  
• there were mixed views on the need for an independent role to resolve disputes ­ around half the respondents were in favour; those in favour represented a wide range of stakeholders, including some local authorities and utility companies.

6.8 We intend to introduce new legislation to improve the co-ordination and quality of roadworks carried out on Scotland’s roads. In addition, new legislation will make enforcement of poor performance more effective.

• Co-ordination: improving the co-ordination of roadworks generally, by introducing new duties for both roads authorities and other statutory undertakers to co-ordinate and plan their roadworks. This includes both day-to-day co-ordination (via the Scottish Road Works Register), and long-term planning for major roadworks.
  
• Quality: introducing proposals to improve the quality of roadworks, by tightening existing requirements on all statutory undertakers to reinstate and resurface roads and strengthen training standards.
  
• Enforcement: proposing an independent body to monitor the quality of roadworks at a national level, across roads authorities and other statutory undertakers; and impose penalties for poor performance. We also propose to speed up the enforcement and payment of penalties by statutory undertakers.

Legislative changes to clarify quality bus measures
6.9 We intend to make provision to give the local authorities in the current SPT area powers to establish quality partnerships, quality contracts and joint-ticketing schemes. This is to encourage development of high-quality services and infrastructure at a local level. Many of the constituent authorities have received funding from the Executive to improve bus infrastructure and it is logical to give them powers to include this infrastructure in a statutory QP scheme. It was the Executive's intention that these powers be given to the constituent authorities under the Transport (Scotland) Act 2001. However, the way the legislation was framed resulted in these powers being available to SPT, and most other local transport authorities, but not to the constituent local authorities of SPT.

Legislative changes on Harbour Order procedures
6.10 We recognise the need to modernise the legislative procedures for Harbour Orders. Under the Harbours Act 1964, one unresolved objection will lead to a public inquiry. This can cause delay, uncertainty and additional costs and may deter a harbour authority from promoting investment projects or operational changes.

6.11 The proposed amendments to the Harbours Act 1964 will give Scottish Ministers discretion to determine whether objections to a Harbour Order should be handled by means of a public inquiry, a hearing or by written representations. Consultation with the industry has confirmed widespread support for the changes proposed. Such changes will not, however, reduce or impede the right to make objections or representations but will allow Harbour Orders to be considered in a way that is proportionate to each case. These proposed amendments will give greater confidence to harbour authorities to undertake investment projects.

Legislative change on pedestrian crossings procedures
6.12 We intend to simplify the statutory procedure relating to pedestrian crossings. Prior to the Road Traffic Regulation Act 1984 local authorities required the approval of Ministers for the installation of pedestrian crossings. The Road Traffic Regulation Act 1984 introduced a power for local authorities to establish, alter or remove pedestrian crossings without Ministerial approval but required authorities to inform the Secretary of State before doing so. Since then local authorities have gained considerable experience in the use of pedestrian crossings. We consider that there is no longer a need for local authorities to notify Scottish Ministers of pedestrian crossing proposals and we intend to remove this unnecessary administrative burden on local authorities.

Regulatory Impact Assessment
6.13 We recognise that there may be cost implications for affected businesses arising out of our legislative proposals. These will be covered in Regulatory Impact Assessments to accompany each legislative or regulatory measure as it comes forward.

Summary of legislative proposals

6.14 Any Bill would provide for the three major policy initiatives outlined earlier in this document:

• provide a new structure for Scottish transport, including powers to create statutory regional transport partnerships;
  
• enable Scottish Ministers to run concessionary travel schemes;
  
• tighten the regulation of utility company roadworks to reduce the incidence of poorly-managed roadworks.

6.15 A number of minor amendments to existing legislation are also proposed:

• clarify provisions in the Transport (Scotland) Act 2001 concerning quality bus measures so that all local authorities can make them;
  
• amend the Harbours Act 1964 to simplify procedures and allow for quicker decisions on Harbour Orders; and
  
• amend the Road Traffic Regulation Act 1984 to remove the requirement for local authorities to inform Scottish Ministers prior to establishing, altering or removing a pedestrian crossing.

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