Amendments to Scottish Road Works Regulations 2025
Feedback updated 15 Jan 2025
We asked
We asked for views on a minor amendment to road works legislation. We sought views on the proposal to revoke the Scottish Statutory Instrument which accounts for the target cost of operating the Scottish Road Works Register and replace it with a new Regulation to account for the overall running cost in the 2025/26 financial year. The projected running cost for 2025/26 will increase to £1,008,819 from £901,314.
You said
In total, nineteen responses to the consultation were received, primarily from roads authorities. Seven responses were from individuals, three from statutory undertakers. Brief analysis of these responses is detailed below.
There was strong support for the proposal; sixteen of the nineteen responses gave support for the proposal. Two statutory undertakers and one individual were not content with the agreed cost sharing matrix developed by the Roads Authority and Utility Committee (Scotland).
Of the two undertaker responses in opposition to the proposal, one made no alternate suggestions but commented that road authority activities have largely increased. Whilst there has been increase in noticing of work carried out by road authorities, there was still a continuation of increase in utility works and at present utilities carry out 73% of the works. Another undertaker suggested a new splitting model for future years in addition to opposing the current one.
We did
The consultation responses have been carefully considered, most of the respondents supported the proposal to replace the 2024 Scottish Statutory Instrument. As a result, we will now revoke the Scottish Statutory Instrument, “The “Scottish Road Works Register (Prescribed Fees) Regulations 2024”, and replace it with a new Regulation as proposed.
Published responses
View submitted responses where consent has been given to publish the response.
Overview
As in previous years, we intend to create a new Scottish Statutory Instrument accounting for the target cost of operating the Scottish Road Works Register in the 2025-26 financial year. The intention is to revoke the 2024 Instrument, and replace with a new Instrument for 2025. This consultation seeks your views on making this change.
Useful information about responding to this consultation
As you complete your response, each page will provide the option to 'Save and come back later' at the bottom. This means you can save your progress and return to the consultation at any time before it closes. If you don't use this feature and leave the consultation midway through, your response will be lost.
Once you have submitted your response, you can enter your email address to get a pdf copy of your answers sent to you.
On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.
After the consultation has closed there will be a few months delay before any responses are published. This is because we must check any responses to be published abide by our Terms of Use.
A analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us. You can also join our consulation mailing list where we regularly list newly published analysis reports (as well as new consultations).
Why your views matter
The New Roads and Street Works Act 1991 enables Scottish Ministers to provide, by Regulation, that a fee be payable to the Scottish Road Works Commissioner for access to the Register.
The Register is an electronic database, supplied under contract to the Scottish Road Works Commissioner. It has varying operating costs in different financial years. This requires new Regulations where the overall target fee for the year increases or decreases to ensure that the operating costs of running the Register are met through the statutory process.
For 2025-26 the target fee has increased to £1,008,819 from £901,314. This is due to the the normal rise in some operating costs through inflation.
We therefore need to increase the target figure for 2025 to £1,008,819.
We would like your views, supported by evidence where possible, on whether the overhead figure for the 2025-26 financial year should be changed to this value as proposed.
What happens next
We will consider your views on the proposed amendment to the 'Fees and Amounts' Regulation for the coming financial year.
Interests
- Transport
- Main hub
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