The Scottish Road Works Register (Prescribed Fees) Regulations 2021

Made: 27th January 2021

Laid before the Scottish Parliament: 29th January 2021

Coming into force: 1st April 2021

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Citation and commencement

1

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Interpretation

2

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Prescribed fees

3

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Revocation

4

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SCHEDULE — FIGURE FOR ROADS AUTHORITIES IN RELATION TO FORMULA FOR CALCULATION OF PRESCRIBED FEES AT REGULATION 3(5)

Signed

MICHAEL MATHESON — A member of the Scottish Government — 2021-01-27

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

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 the period from 1 April 2021 to 31 March 2022, 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.

Regulation 3(5) and (6) provides formulas for the calculation of the prescribed fee for roads authorities and relevant undertakers respectively for the period from 1 April 2021 to 31 March 2022.

Regulation 4 revokes the Scottish Road Works Register (Prescribed Fees) Regulations 2020.

A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from Transport Scotland, Area 2D North, Victoria Quay, Edinburgh, EH6 6QQ and online at www.legislation.gov.uk.

Footnotes

[^f00001]: 1991 c.22. Section 112A was inserted by section 19 of the Transport (Scotland) Act 2005 (asp 12) (“the 2005 Act”). Section 163(1) includes a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State under section 163(1) were transferred to the Scottish Ministers, so far as within devolved competence, by virtue of section 53 of the Scotland Act 1998 (c.46).

[^f00002]: Section 163A was inserted by section 39 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 1991 Act”). Section 112A(1) of that Act defines “the SRWR”.

[^f00004]: The Scottish Road Works Commissioner is created by section 16(1) of the 2005 Act and has functions under section 112A(1) of the 1991 Act. Section 112A(1) of that Act defines “the Commissioner”.

[^f00005]: Section 145(1) of the 1991 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. Regulation 3 was amended by S.S.I. 2014/58.

[^f00007]: S.S.I. 2020/35.

Editorial notes

[^key-ebe2d47f34ef5861af1ced609e1e1b11]: Regulations revoked (1.4.2022) by The Scottish Road Works Register (Prescribed Fees) Regulations 2022 (S.S.I. 2022/9), regs. 1, 4

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