{
  "url": "https://openlegislation.uk/road-works-fixed-penalty-scotland-regulations-2008/note",
  "json_url": "https://openlegislation.uk/road-works-fixed-penalty-scotland-regulations-2008/note.json",
  "legislation": "ssi/2008/244",
  "legislation_title": "The Road Works (Fixed Penalty) (Scotland) Regulations 2008",
  "legislation_url": "https://openlegislation.uk/road-works-fixed-penalty-scotland-regulations-2008",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nSection 34 of, and schedules 4 and 5 to, the Transport (Scotland) Act 2005 insert section 154A and Schedules 6A and 6B into the New Roads and Street Works Act 1991 (“the 1991 Act”). These provide for certain offences under Part 4 of the 1991 Act to become fixed penalty offences and enable regulations to be made in relation to them.\nThese Regulations make general provision in relation to fixed penalties for certain offences under Part 4 of the 1991 Act.\nRegulation 2 defines terms used in these Regulations.\nRegulation 3 prevents road managers (the road works authority for a road which is not a public road) from giving fixed penalty notices in relation to such a road.\nRegulation 4 and Schedule 1 prescribe the form of a fixed penalty notice and the methods by which fixed penalties may be paid.\nRegulation 5 sets out the manner of service of a fixed penalty notice and a notice withdrawing a fixed penalty notice and includes provision for service by electronic communication.\nRegulation 6 specifies that a fixed penalty notice may not be given more than 60 days after the commission of the offence beginning with the day of its commission.\nRegulation 7 and Schedule 2 set out details of the fixed penalty offences and prescribe that in relation to each offence the penalty shall be £120 unless the sum of £80 is paid before the end of the period for payment of the discounted amount.\nRegulation 8 modifies Schedule 6B to the 1991 Act by substituting the period of 36 days for the period of 29 days, being the period for payment of a fixed penalty, and by substituting the period of 29 days for the period of 15 days, being the period for payment of a discounted amount instead of the full penalty.\nRegulation 9 and Schedule 3 prescribe the form of a notice withdrawing a fixed penalty notice.\nRegulation 10 enables a road works authority to retain the reasonable costs of issuing and administering fixed penalty notices from the penalties received.\nA regulatory impact assessment has been prepared in respect of these Regulations. A copy can be obtained from the Scottish Government Transport Directorate, Victoria Quay, Edinburgh, EH6 6QQ.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2008/244/note",
    "retrieved_at": "2026-10-28T22:06:18.470921+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}