
1 
These Regulations may be cited as the Scottish Road Works Register (Prescribed Fees) Regulations 2017 and come into force on 1st April 2017.
2 
In these Regulations—
 “the Act” means the New Roads and Street Works Act 1991;
 “financial year 2017/18” means the period of 12 months commencing on 1st April 2017;
 “financial year 2018/19” means the period of 12 months commencing on 1st April 2018;
 “first relevant period” means the period of 12 months ending on 31st December 2016;
 “second relevant period” means the period of 12 months ending on 31st December 2017;
 “relevant undertaker” means an undertaker who has entered a notice in the Scottish Road Works Register in the first relevant period or the second 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 

(1) For financial year 2017/18, payment to the Commissioner of the prescribed fee, calculated in accordance with paragraphs (4) and (5), by roads authorities and relevant undertakers respectively is a condition of access to the Scottish Road Works Register as mentioned in section 112A(3) of the Act.
(2) For financial year 2018/19, payment to the Commissioner of the prescribed fee, calculated in accordance with paragraphs (6) and (7), by roads authorities and relevant undertakers respectively is a condition of access to the Scottish Road Works Register as mentioned in section 112A(3) of the Act.
(3) Payments due to the Commissioner under this regulation must be made within 60 days of receipt of the invoice from the Commissioner.
(4) For each roads authority, the prescribed fee for financial year 2017/18 for the purposes of section 112A(4)(a) of the Act must be calculated in accordance with the formula—R × (£850,000−£A)where—
 R is the figure shown in column 2 of the schedule of these Regulations 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 2017/18 pursuant to regulation 3 of the Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 2008.
(5) For each relevant undertaker, the prescribed fee for financial year 2017/18 for the purposes of section 112A(4)(a) of the Act must be calculated in accordance with the formula—NTN × (£850,000 − £A) × 0.65where—
 N is the number of notices entered by the relevant undertaker to which the calculation relates, in the Scottish Road Works Register in the first relevant period;
 TN is the total number of notices entered by all relevant undertakers in the Scottish Road Works Register in the first relevant period; and
 £A has the same meaning as in paragraph (4).
(6) For each roads authority, the prescribed fee for financial year 2018/19 for the purposes of section 112A(4)(a) of the Act must be calculated in accordance with the formula—R × (£1,029,000−£A)where—
 R has the same meaning as in paragraph (4); and
 £A is the total amount payable to the Commissioner by way of prescribed amounts for financial year 2018/19 pursuant to regulation 3 of the Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 2008.
(7) For each relevant undertaker, the prescribed fee for financial year 2018/19 for the purposes of section 112A(4)(a) of the Act must be calculated in accordance with the formula—NTN × (£1,029,000 − £A) × 0.65where—
 N is the number of notices entered by the relevant undertaker to which the calculation relates, in the Scottish Road Works Register in the second relevant period;
 TN is the total number of notices entered by all relevant undertakers in the Scottish Road Works Register in the second relevant period; and
 £A has the same meaning as in paragraph (6).
4 
The Scottish Road Works Register (Prescribed Fees) Regulations 2015 are revoked.
H YOUSAF
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
23rd February 2017
SCHEDULE
Regulation 3(4) and (6)


Column 1Roads Authority Column 2Figure
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
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