Scottish Road Works Register (Prescribed Fees) Regulations 2022
Feedback updated 15 Dec 2021
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 2021” and replace it with a new Regulation to account for the overall running cost in the 2022/23 and 2023/24 financial years.
The projected running cost for 2022/23 will decrease to £882,933 from £915,000, a 4% decrease compared to the current figure. The projected running cost for 2023/24 will increase to £950,387, a 4% increase compared to the current figure.
You said
In total, twenty two responses to the consultation were received, primarily from roads authorities. Brief analysis of these responses is detailed below.
There was strong support for the proposal; all twenty-two responses gave full support for the change. This included fifteen responses from roads authorities, four responses from utility or contracting firms, one from a non-departmental public body with statutory rights to excavate in roads, and two from individuals. Of the four utility returns, two are from the same organisation, albeit covering separate operational areas. For analysis purposes these have been considered as a single response.
Six organisations provided additional comments. Three respondents noted that the current apportionment model was fit for purpose. One respondent noted that a review of the apportionment model would be useful in the ‘near future’. Two organisations, both utility firms, noted that a review of the model with specific regard to roads authority use of the register would be beneficial
We did
The consultation responses have been carefully considered. All of the respondents supported the proposal to replace the 2021 Scottish Statutory Instrument. As a result, we will now revoke the Scottish Statutory Instrument, “The “Scottish Road Works Register (Prescribed Fees) Regulations 2021”, and replace it with a new Regulation as proposed.
We have raised the issue of apportionment with the body that originally provided the apportionment matrix, the Roads Authority and Utility Committee (Scotland). We have asked that the group review the matrix, and return any comment to Transport Scotland officials before October 2024
Results updated 15 Dec 2021
There was strong support for the proposal; all twenty-two responses gave full support for the change. This included fifteen responses from roads authorities, four responses from utility or contracting firms, one from a non-departmental public body with statutory rights to excavate in roads, and two from individuals. Of the four utility returns, two are from the same organisation, albeit covering separate operational areas. For analysis purposes these have been considered as a single response.
Six organisations provided additional comments. Three respondents noted that the current apportionment model was fit for purpose. One respondent noted that a review of the apportionment model would be useful in the ‘near future’. Two organisations, both utility firms, noted that a review of the model with specific regard to roads authority use of the register would be beneficial.
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, for the financial years 2022/23 and 2023/24. The intention is to revoke the 2021 Instrument, and replace with a single Instrument in 2022 covering both financial years. This consultation seeks your views on making this change. Please also provide any relevant information you feel important for future exercises.
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.
The mechanism by which the costs are split was originally provided by the Roads Authority and Utility Committee (Scotland) representing the roadworks community in Scotland. We propose to leave this mechanism unchanged, on the basis that no new mechanism has been put forward by the community for this purpose.
What happens next
The results of this consultation will be used to form a view on how a new Regulation should be framed. Information on any update to the Regulations will also be provided at www.Transport.gov.scot
Interests
- Transport
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