Transport (Scotland) Act 2005 Part 2

Neil Buchan MBE. BSc. CEng. FICE. FIHT. SECRETARY-GENERAL IFME Former Secretary RAUC(S)

Transport (Scotland) Act 2005 ► The Act ► Secondary Legislation ► Implications for  Roads Authorities  Utilities ► The Commissioner

The Act ► Royal Assent on 5 th August 2005 ► Four parts:  Regional Transport Partnerships  Road Works  Miscellaneous  Orders, Regulations and Interpretation

T(S)A 2005 – Part 2 – Road Works ► The Scottish Road Works Commissioner  Post created  Scottish Ministers to appoint  Duties of Commissioner  Duty on Road Authorities and Undertakers

T(S)A 2005 – Part 2 – Road Works ► The Scottish Road Works Register  Established  Regulations for finance, form and content  Road Works Authorities must enter information  Roads Authorities must enter information

T(S)A 2005 – Part 2 – Road Works ► Miscellaneous - 1  Power to give directions (time and place)  Direct where not to place apparatus  Restriction following substantial works  Material considerations for co-ordination  Undertakers to cooperate and comply

T(S)A 2005 – Part 2 – Road Works ► Miscellaneous - 2  SRWC power to impose penalties  Power to check qualifications  Best endeavours to have competent staff  Requirement to notify completion  Regulations to set minimum notice periods

T(S)A 2005 – Part 2 – Road Works ► Resurfacing  Can require undertaker to resurface (at time and to specification)  Regulations and Code of Practice  Contribution by Undertakers

T(S)A 2005 – Part 2 – Road Works ► Enforcement of the 1991 Act  Increased level/severity of penalties  Fixed Penalties Notices  Civil Penalties ► Resolution of Disputes under 1991 Act  Regulations  Commissioner role

T(S)A 2005 – Part 2 – Road Works ► Enforcement of Roads (Scotland) Act 1984 offences  Fixed Penalty Notices  Civil Penalties ► Consultation on Regulations & Codes of Practice

T(S)A 2005 – Part 2 – Road Works ► Schedules  Commissioner: Further Provision  Increased Maximum Fines  NRSWA 91 Act FPN Offences and Procedures  R(S)A 84 FPN Offences and Procedures

Transport (Scotland) Act 2005 Part 2 Secondary Legislation

T(S)A 2005 – Secondary Legislation ► Steering Group  Scottish Executive  RAUC(S) Co-Chairs (2)  SCOTS  NJUG

T(S)A 2005 – Secondary Legislation ► Working Groups  Coordination  Penalties  Resurfacing  Disputes / Arbitration  Training

T(S)A 2005 – Secondary Legislation ► Three Tranches 1.Coordination (and Notices) July 06 2.Penalties and Disputes/ArbitrationOctober 06 3.Resurfacing and TrainingJanuary 07

T(S)A 2005 – Caveat ► Generally enabling legislation ► Detail in Regulations and Codes of Practice “The views expressed in this presentation are those of the author and have been informed by discussion with officials of the Scottish Executive and officers and staff from Councils and Utility Companies.”

Transport (Scotland) Act 2005 Part 2 What does it mean for Councils?

T(S)A 2005 – Councils ► Duty to provide information  SRWC is “one man and his dog”  Information must come from Council(s) ► New duties to enter information in SRWR  All works for roads purposes  Road management activities

T(S)A 2005 – Councils ► Power to Direct  Disputes  More work? ► Extended Duty to Coordinate  More work ► Commissioner can impose Penalties (ouch!) ► Best endeavours to ensure competent staff  training and accreditation (cost)  training and accreditation (cost) ► Resurfacing…

T(S)A 2005 – Councils ► Enforcement ► Fixed Penalty Notices – 1991 Act ► Fixed Penalty Notices – 1984 Act ► New power  more work  more disputes?

T(S)A 2005 – Councils - Summary ► More Work ► More Staff ► Greater concentration on coordination ► Demonstrate competence of staff Review business processes NOW!

Transport (Scotland) Act 2005 Part 2 What does it mean for Utility Companies?

T(S)A 2005 – Utilities ► Duty to provide information to commissioner ► Duty to enter information in SRWR  Additional noticing requirements ► Duty to coordinate own works  Requirement to use SRWR as planning tool

T(S)A 2005 – Utilities ► Additional requirements for NRSWA Notices  3 months advance notice for major projects  Notice of works start date  Notice of works completion date

T(S)A 2005 – Utilities ► Directions as to timings of works ► Directions as to placing of apparatus ► Duty to ensure competence of employees

T(S)A 2005 – Utilities ► Power to require Undertaker to resurface road ► Increase in penalties for summary offences ► Introduction of Fixed Penalty Offences

T(S)A 2005 – Utilities ► No advance notice  Includes 3 month notice ► No start notice  Manual system? ► No emergency notice  Should be easiest to comply with ► No completion notice  On current performance this will cost a lot in FPNs!

T(S)A 2005 – Utilities - Summary ► More robust advance planning ► Additional Notices ► Directions on timing and placing ► Competence ► Resurfacing ► Fixed Penalty Notices

Transport (Scotland) Act 2005 Part 2 Scottish Road Works Commissioner

Scottish Road Works Commissioner ► The Commissioner  Office created by T(S)A ’05  Must be appointed by Scottish Ministers  Not a servant or agent of the Crown  May appoint staff

Scottish Road Works Commissioner ► General Functions  Monitoring carrying out of road works  Promoting compliance with NRSWA  Promoting good practice  Reports and information “The Commissioner may do anything calculated to facilitate the discharge of any of the Commissioner’s functions.”

Scottish Road Works Commissioner ► Scottish Road Works Register the Commissioner  “shall keep a register”  “enable any person … to have access to SRWR“  “shall make the SRWR available for inspection”

Scottish Road Works Commissioner ► Information  “reasonably ask” for information  Power to direct the supply of information ► Imposition of penalties  on road works authorities and undertakers ► Settlement of Disputes

Scottish Road Works Commissioner ► Appointment  Job Description  Person Specification ► Advertising ► Share administrative staff with Traffic Commissioner

Thank you Neil Buchan