Amendments to Scottish Road Works Regulations 2024

We asked for views on two minor amendments to road works legislation. Firstly,  on the proposal to revoke the Scottish Statutory Instrument,  “The “Scottish Road Works Register (Prescribed Fees) Regulations 2022” and replace it with a new Regulation to account for the overall running cost in the 2024/25 and secondly, Secondly, we sought views on amending “The Road Works (Qualifications of Operative and Supervisors (Scotland) Regulations 2017”, and the Road Works (Reinstatement Quality Plans, Qualifications of Supervisors and Operative and Miscellaneous Amendments) (Scotland) Regulations 2023, by expanding the list of approved awarding organisations to include two additional bodies, “Highfield Qualifications” and “EUIAS ”

In total, thirteen responses to the consultation were received, primarily from roads authorities. One response was received from an individual, seven from local authority roads teams, four from statutory undertakers and one from a public body responsible for the regulation of road works in Scotland. Brief analysis of these responses is detailed below:

There was strong support for both proposals; ten of the thirteen responses gave full support for the proposal on Fees. One roads authority noted no objection or preference, and two statutory undertakers objected to the current splitting mechanism. Of the two undertaker responses in opposition to the proposal, one made no alternate suggestions, but noted that undertakers appear to be paying more than roads authorities generally. However as the mechanism is use based, and at present utility firms undertake 75% of works, this is to be expected. Another undertaker suggested a new splitting model for future years in addition to opposing the current one. Twelve of the thirteen responses gave no objection to the addition of two new awarding bodies in road works training for Scotland, with one response skipping the question. One comment was received caveating their ‘no objection’ response,  on the condition that the bodies in question meet the relevant standards

The consultation responses have been carefully considered, most of the respondents supported the proposal to replace the 2022 Scottish Statutory Instrument. As a result, we will now revoke the Scottish Statutory Instrument, “The “Scottish Road Works Register (Prescribed Fees) Regulations 2022”, and replace it with a new Regulation as proposed. We have also added the two new awarding bodies, “Highfield Qualfications” and “EUIAS” to the appropriate statute. We have passed on the single request for a new apportionment model for fees and amounts with the Roads Authority and Utility Committee (Scotland), as the industry body representing the road works community. We have advised that if the group wish to review, amend or replace their current proposed splitting mechanism, comment must be returned to Transport Scotland by September 2024, to allow for sufficient consultation ahead of the next financial year.