Explanatory note

Section 112A(1) of the New Roads and Street Works Act 1991 (“the Act”) (as inserted by section 19 of the Transport (Scotland) Act 2005) provides for the Scottish Road Works Commissioner (“the Commissioner”) to keep a register to be known as the Scottish Road Works Register (“the SRWR”).

Section 112A(4) allows the Scottish Ministers, by regulations, to provide that the payment to the Commissioner of the prescribed fee is a condition of access to the SRWR and they may make other provision as to the payment to the Commissioner by such persons as are prescribed of such amounts as are prescribed. These Regulations exercise that power.

Regulation 3(1) prescribes persons for the purposes of section 112A(4)(b) as being roads authorities and undertakers.

Regulations 3(2) and (3) and Schedule 1 prescribe different amounts to be paid annually to the Commissioner by the prescribed persons.

Regulation 4(1) provides that, for the financial year commencing on 1st April 2008, payment to the Commissioner of the prescribed fee by roads authorities and relevant undertakers is a condition of access to the SRWR as mentioned in section 112A(3) of the Act.

Regulations 4(3) and (4) and Schedule 2 provide formulas for the calculation of the prescribed fee for roads authorities and relevant undertakers respectively.