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The Scottish Road Works Register (Prescribed Fees) Regulations 2026

S.S.I. 2026/52 · Made 3 February 2026

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

ROADS AND BRIDGES

Made 3rd February 2026

Laid before the Scottish Parliament 5th February 2026

Coming into force 1st April 2026

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 112A(4) and 163(1) of the New Roads and Street Works Act 1991f1 and all other powers enabling them to do so.

In accordance with section 163A of that Actf2 they have consulted with such—

  1. (a)

    persons considered by them to be representative of the interests of undertakers,

  2. (b)

    road works authorities, and

  3. (c)

    other persons,

as they think appropriate.

Annotations to the whole text

Footnotes

f1

1991 c. 22. Section 112A was inserted by section 19 of the Transport (Scotland) Act 2005 (asp 12) (“the 2005 Act”). Section 163(1) includes a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State under section 163(1) were transferred to the Scottish Ministers, so far as within devolved competence, by virtue of section 53 of the Scotland Act 1998 (c. 46).

f2

Section 163A was inserted by section 39 of the 2005 Act.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Prescribed fees
  4. 4Revocation
  5. Signature
  6. Schedule FIGURES FOR ROADS AUTHORITIES IN RELATION TO FORMULAE FOR CALCULATION OF PRESCRIBED FEES UNDER REGULATION 3(5)
  7. Explanatory note

1Citation and commencement

These Regulations may be cited as the Scottish Road Works Register (Prescribed Fees) Regulations 2026 and come into force on 1 April 2026.

2Interpretation

In these Regulations—

  • “the Act” means the New Roads and Street Works Act 1991,

  • “financial year 2026/2027” means the period of 12 months commencing on 1 April 2026,

  • “relevant period” means the period of 12 months beginning with 1 January 2025 and ending on 31 December 2025,

  • “relevant undertaker” means an undertaker who has entered a notice in the SRWRf1 in the relevant period,

  • “undertaker” has the same meaning as in section 107(4) of the Act but excludes those persons granted permission under section 109 of the Act to execute road works.

3Prescribed fees

(1)

This regulation applies in respect of of the financial year 2026/2027.

(2)

Payment to the Commissionerf1 of the prescribed fee, calculated in accordance with paragraph (5), is a condition of access to the SRWR by roads authoritiesf2 under section 112A(3) of the Act.

(3)

Payment to the Commissioner of the prescribed fee, calculated in accordance with paragraph (6), is a condition of access to the SRWR by relevant undertakers under section 112A(3) of the Act.

(4)

Payments due to the Commissioner under this regulation must be made within 60 days of receipt of the invoice from the Commissioner.

(5)

For each roads authority, the prescribed fee for the purposes of section 112A(4)(a) of the Act must be calculated in accordance with the formula—

R × £ 1,192 , 625 - £ A

where—

  • R is the figure shown in column 2 of the schedule in relation to the roads authority specified in the corresponding entry in column 1 of the schedule to which the calculation relates, and

  • £A is the total amount payable to the Commissioner by way of prescribed amounts for financial year 2026/27 pursuant to regulation 3 of the Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 2008f3.

(6)

For each relevant undertaker, the prescribed fee for the purposes of section 112A(4)(a) of the Act must be calculated in accordance with the formula—

N T N × £ 1,192 , 625 - £ A × 0 . 65

where—

  • N is the number of notices entered by the relevant undertaker to which the calculation relates in the SRWR in the relevant period,

  • TN is the total number of notices entered by all relevant undertakers in the SRWR in the relevant period, and

  • £A has the same meaning as in paragraph (5).

4Revocation

The Scottish Road Works Register (Prescribed Fees) Regulations 2025f1 are revoked.

Signature

FIONA HYSLOP

A member of the Scottish Government

St Andrew's House

Edinburgh

3rd February 2026

FIGURES FOR ROADS AUTHORITIES IN RELATION TO FORMULAE FOR CALCULATION OF PRESCRIBED FEES UNDER REGULATION 3(5)

Column 1

Roads Authority

Column 2

Figure
Aberdeen City0.018
Aberdeenshire0.018
Angus0.006
Argyll & Bute0.003
City of Edinburgh0.024
Clackmannanshire0.003
Comhairle nan Eilean Siar0.0006
Dumfries & Galloway0.006
Dundee City0.009
East Ayrshire0.009
East Dunbartonshire0.006
East Lothian0.006
East Renfrewshire0.006
Falkirk0.006
Fife0.012
Glasgow City0.03
Highland0.006
Inverclyde0.006
Midlothian0.006
Moray0.009
North Ayrshire0.012
North Lanarkshire0.012
Orkney Islands0.0012
Perth & Kinross0.009
Renfrewshire0.009
Scottish Borders0.012
The Scottish Ministers0.056
Shetland Islands0.0012
South Ayrshire0.006
South Lanarkshire0.009
Stirling0.009
West Dunbartonshire0.009
West Lothian0.015

Explanatory note

(This note is not part of the Regulations)

Section 112A(1) of the New Roads and Street Works Act 1991 (“the Act”) 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) of the Act 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.

Regulation 3(1), (2) and (3) provide that, for the period from 1 April 2026 to 31 March 2027, payment to the Commissioner of the prescribed fee by roads authorities and relevant undertakers is a condition of access to the SRWR as mentioned under section 112A(3) of the Act. The term “relevant undertaker” is defined in regulation 2.

Regulation 3(5) and (6) and the schedule provide formulae for the calculation of the prescribed fee for roads authorities and relevant undertakers respectively for the financial year commencing on 1 April 2026.

Regulation 4 revokes the Scottish Road Works Register (Prescribed Fees) Regulations 2025.

A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from Transport Scotland, Area 2D North, Victoria Quay, Edinburgh, EH6 6QQ and online at www.legislation.gov.uk.