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The Scottish Road Works Commissioner (Imposition of Penalties) Amendment Regulations 2021

S.S.I. 2021/431 · Made 23 November 2021

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 23rd November 2021

Laid before the Scottish Parliament 25th November 2021

Coming into force 1st February 2022

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 119A 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 119A was inserted by section 25 of the Transport (Scotland) Act 2005 asp 12 (“the 2005 Act”).

f2

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

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Scottish Road Works Commissioner (Imposition of Penalties) Regulations 2007
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Scottish Road Works Commissioner (Imposition of Penalties) Amendment Regulations 2021 and come into force on 1 February 2022.

2Amendment of the Scottish Road Works Commissioner (Imposition of Penalties) Regulations 2007

The Scottish Road Works Commissioner (Imposition of Penalties) Regulations 2007f1 are amended as follows—

(a)

in regulation 4(2) (level of penalties), for “£50,000” substitute “£100,000”,

(b)

in regulation 8(4)(c) (appeals), for “£50,000” substitute “£100,000”.

Signature

GRAEME DEY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

23rd November 2021

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Scottish Road Works Commissioner (Imposition of Penalties) Regulations 2007 (“the 2007 Regulations”).

Regulation 2(a) amends regulation 4(2) of the 2007 Regulations by increasing the maximum penalty which can be imposed by the Scottish Road Works Commissioner for failure to comply with the duties mentioned in regulation 3. The maximum penalty is increased from £50,000 to £100,000.

Regulation 2(b) amends regulation 8(4)(c) of the 2007 Regulations by increasing the maximum penalty which can be imposed by a sheriff when disposing of an appeal against a penalty imposed by the Scottish Road Works Commissioner from £50,000 to £100,000.