# The Scottish Road Works Register (Prescribed Fees) Regulations 2026

S.S.I. 2026/52 · made 3 February 2026

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”).

Made under: New Roads and Street Works Act 1991 (Section 112A, Section 163)

PDFs: Printed copy https://openlegislation.uk/scottish-road-works-register-prescribed-fees-regulations-2026/pdf/ssi_20260052_en.pdf; Policy Note https://openlegislation.uk/scottish-road-works-register-prescribed-fees-regulations-2026/pdf/ssipn_20260052_en_001.pdf

## Introductory text

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 1991 and all other powers enabling them to do so.
In accordance with section 163A of that Act they have consulted with such—
(a) persons considered by them to be representative of the interests of undertakers,
(b) road works authorities, and
(c) other persons,
as they think appropriate.

## 1 Citation 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.

## 2 Interpretation

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 SRWR 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.

## 3 Prescribed fees

(1) This regulation applies in respect of of the financial year 2026/2027.
(2) Payment to the Commissioner of the prescribed fee, calculated in accordance with paragraph (5), is a condition of access to the SRWR by roads authorities 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 2008.
(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).

## 4 Revocation

The Scottish Road Works Register (Prescribed Fees) Regulations 2025 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 City
0.018
Aberdeenshire
0.018
Angus
0.006
Argyll & Bute
0.003
City of Edinburgh
0.024
Clackmannanshire
0.003
Comhairle nan Eilean Siar
0.0006
Dumfries & Galloway
0.006
Dundee City
0.009
East Ayrshire
0.009
East Dunbartonshire
0.006
East Lothian
0.006
East Renfrewshire
0.006
Falkirk
0.006
Fife
0.012
Glasgow City
0.03
Highland
0.006
Inverclyde
0.006
Midlothian
0.006
Moray
0.009
North Ayrshire
0.012
North Lanarkshire
0.012
Orkney Islands
0.0012
Perth & Kinross
0.009
Renfrewshire
0.009
Scottish Borders
0.012
The Scottish Ministers
0.056
Shetland Islands
0.0012
South Ayrshire
0.006
South Lanarkshire
0.009
Stirling
0.009
West Dunbartonshire
0.009
West Lothian
0.015

## 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.

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Source: https://www.legislation.gov.uk/ssi/2026/52 (the official version)
Page: https://openlegislation.uk/scottish-road-works-register-prescribed-fees-regulations-2026
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

