Amendments to Scottish Road Works Regulations 2024

Closed 15 Jan 2024

Opened 14 Nov 2023

Feedback updated 29 Jan 2024

We asked

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 ”

You said

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

We did

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.

Results updated 29 Jan 2024

The level of the proposed fees within the 2024 Regulations will secure the operation of the Register for the 2024/25 financial year without any adverse impact to business. Expanding the list of awarding bodies, to include two new bodies which have been subject to review and have demonstrated the required standards to operate as an approved body  for Scotland, allows for greater choice in training provider for end users.

We will promote legislation, to ensure that the level of prescribed fees is set based on estimated costs of running the Register, (£901,314) in the financial year 2024/25, and that both EUIAS and Highfield Qualifications be included in the list of approved bodies.

Published responses

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


Minor amendments are needed within the Road Works (Qualifications of Operative and Supervisors (Scotland) Regulations 2017 and a replacement Stautory Instrument is required to replace the Scottish Road Works Register (Prescribed Fees) Regulations 2022. This consultation seeks views on both proposed changes.

Scottish Road Works Register (Prescribed Fees) Regulations:

The proposal is to revoke the 2022 Regulations, and create new Regulations to account for the running costs of £901,314 for the 2024/25 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 four 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), and Lantra Ltd.

Recently, two aditional organisations, “Highfield Qualifcations" (Highfield Qualifications for Compliance Ltd, company number 06478925), and "EUIAS" (Energy and Utility Skills Ltd, Company number 03812163have sought approval to be added to this list of approved bodies.

The proposal is to amend regulation 8(1) of the 2017 Regulations, to include both bodies as approved qualification-awarding body, subject to formal Ministerial consent.

Why your views matter

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



What happens next

We will consider your views on both the potential amendments to the Regulations covering training and awarding body status, and the proposed amendment to the 'Fees and Amounts' regulation for the coming financial year. 


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