Raising Standards and Improving the Quality of Road Works in Scotland

Overview

Road works are a necessary fact of life if we wish to have a safe and well maintained road network and to continue to enjoy a range of utility services such as gas, water, drainage, electricity and telecommunications.

This consultation seeks views on proposals for improvements to the regulation of road works in Scotland which includes taking forward the accepted recommendations of the 2016 report: Review of the office and functions of the Scottish Road Works Commissioner.

Why your views matter

In 2015 when Derek Mackay the then Minister for Transport and the Islands, appointed the current Scottish Road Works Commissioner (“SRWC”), he also took the opportunity to commission an independent review of the SRWC’s Office and functions. While Scotland already leads the UK in the planning and coordination of road works, having the only SRWC for the sector, and an all-Scotland single register of road works (the Scottish Road Works Register “SRWR”), it is felt that there is still scope for improvement to build on these existing strengths. The Scottish Ministers are committed to improving how road works, including utility road works, are managed in Scotland.
The resultant report made a number of recommendations to improve the regulation of road works in Scotland. This includes improvements in the availability of information, measures to support improvements in the quality of road work reinstatements, and improving enforcement and strengthening the existing powers available to the SRWC and to roads authorities.

The Programme for Government announced by the First Minister on 6 September 2016 included a commitment to bring forward legislation later in this Parliament to improve the regulation of road works in Scotland and to enhance and improve the role of the Scottish Road Works Commissioner. Some of the proposals set out in this consultation are, therefore, intended to form part of a Bill. However, these are part of a wider package of regulatory reforms many of which do not require new primary legislation to implement. Some can be introduced through secondary legislation, and/or codes of practice. We feel it is important for stakeholders to see how each individual proposal fits into the planned overall regulatory regime for road works in Scotland, therefore these proposals are also included in this consultation.

Download the consultation paper.

What happens next

Taking forward the proposals covered in this consultation may require changes to existing Acts, or Secondary Legislation, or it may be possible to deliver the proposals through codes or practice, guidance, or other means. Once the consultation closes, we will publish an analysis of consultation responses received. This will influence proposals within any legislation which is subsequently introduced in the Scottish Parliament. Complementary measures which will be taken forward under separate processes, may involve further separate consultations.