Amendments to Scottish Road Works Regulations 2018

Closed 8 Mar 2019

Opened 14 Dec 2018

Feedback Updated 14 Mar 2019

We Asked

We asked for views on two minor amendments to road works legislation. Firstly, we sought views on the proposal to revoke the Scottish Statutory Instrument,  “The “Scottish Road Works Register (Prescribed Fees) Regulations 2017” and replace it with a new Regulation to account for the running costs of £855,000 for the 2019/20 financial year. Secondly, we sought views on amending “The Road Works (Qualifications of Operative and Supervisors (Scotland) Regulations 2017”, by expanding the list of approved awarding bodies to include a fourth body, “Lantra” 

You Said

In total, nine responses to the consultation were received, from utility undertakers, roads authorities and one individual. Brief analysis of these responses is detailed below. Two additional responses were received after the closing date, and so do not feature in the analysis, but have been considered.

 

We Did

These responses have been fully considered. We will now amend/replace both Scottish Statutory Instruments as proposed.

Results Updated 14 Mar 2019

Awarding Body:

Of the nine response received, three opted not to answer the question on the inclusion of Lantra in an updated Scottish Statutory Instrument. The six remaining responses supported the proposal, citing it as being beneficial for the sector in general. One response supported the proposal with a caveat that appropriate checking of the ability of Lantra to perform as an awarding body would also be required.

Fees and Amounts:

All nine respondents answered the question on fees. There was overall support for the proposal: five responses gave full support; and two gave support with a note that the statutory aspect of the register restricted their ability to disagree in practice. Of the two remaining responses, one was content for the costs to be neutral, while the other called for all costs to be borne by the Scottish Road Works Commissioner or Scottish Government. 

Published Responses

View submitted responses where consent has been given to publish the response.

Overview

Minor amendments are need to both the Road Works (Qualifications of Operative and Supervisors (Scotland) Regulations 2017 and the Scottish Road Works Register (Prescribed Fees) Regulations 2017. This consultation seeks views on both proposed amendments.

Why We Are Consulting

Scottish Road Works Register (Prescribed Fees) Regulations 2017:

The proposal is to remove the 2017 Regulations, and create new Regulations to account for the running costs of £855,000 for the 2019/20 financial year.

The Road Works (Qualifications of Operative and Supervisors (Scotland) Regulations 2017:

The New Roads and Street Works Act 1991 outlines a requirement for roads works undertakers to have qualified supervisors and trained operatives on site while road works are in progress.

There are currently three approved awarding bodies approved for the issuing of certificates of competence in road works in Scotland.

These are: the Scottish Qualifications Authority, the City and Guilds of London Institute, and the CABWI Awarding Body (previously the Certification and Association Board for the Water Industry).

Recently, a fourth organisation, “Lantra” (company number 02823181), has sought approval to be added to this list of approved bodies.

The proposal is to amend regulation 8(1) of the 2017 Regulations, Section 8 to include Lantra as a fourth approved qualification-awarding body.

We would like your views, supported by evidence where possible, on whether these updatesthis amendment should be made as proposed.

Audiences

  • People of Scotland

Interests

  • Transport