Scottish Road Works Register (Prescribed Fees) Regulations 2020

Closed 24 Jan 2020

Opened 25 Oct 2019

Feedback Updated 14 Feb 2020

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,  “The “Scottish Road Works Register (Prescribed Fees) Regulations 2019” and replace it with a new Regulation to account for the running costs of £911,000 for the 2020/21 financial year.

You Said

In total, twelve responses to the consultation were received, from utility undertakers, roads authorities, one contractor and one individual. Brief analysis of these responses is detailed below. 

There was overall support for the proposal: six responses gave full support; and two gave support with a note that over the long term either the costs or the supporting cost sharing model should be reviewed. Of the four remaining responses, two were not content with the agreed cost sharing matrix developed by the Roads Authority and Utility Committee (Scotland). One response objected to any kind of cost sharing, noting that the costs should not be borne by local government. One response discussed a lack of clarity over how the monies raised are spent. It should be noted that this information is available at a high level through the Scottish Road Works Commissioners annual account, and can be made available in more detail through information access regimes. 

We Did

The consultation responses have been carefully considered. The majority of respondents supported the proposal to replace the 2019 Scottish Statutory Instrument. As a result, we will now revoke the Scottish Statutory Instrument, “The “Scottish Road Works Register (Prescribed Fees) Regulations 2019”, and replace it with a new Regulation as proposed.

Results Updated 14 Feb 2020

In total, twelve responses to the consultation were received. The consultation responses have been carefully considered. The majority of respondents supported the proposal to replace the 2019 Scottish Statutory Instrument. As a result, we will now revoke the Scottish Statutory Instrument, “The “Scottish Road Works Register (Prescribed Fees) Regulations 2019”, 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 2020-21 financial year. The intention is to revoke the 2019 instrument, and replace with a new instrument for 2020. This consultation seeks your views on making this change. Please also provide any relevant information you feel important for future exercises. 

Why We Are Consulting

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 2020-21 the target fee has increased to £911,000 from £855,000. This is largely due to the loss of deferred income accumulated in previous years by Susiephone Ltd for the 2016 retendering exercise.

We therefore need to increase the target figure for 2020-21 to £911,000. We also intend to return the payment period to 60 days, from 30 days, which was introduced as a temporary measure for the 2019-20 financial year only. 

We would like your views, supported by evidence where possible, on whether the Fees and Amounts for the 2020-21 financial year should be changed as proposed. 

What Happens Next

The results of this consultation will be used to form a view on whether a new regulation is  required. Information on any update to the regulations will also be provided at www.Transport.gov.scot 

Interests

  • Transport