New powers granted to the Scottish Road Works Commissioner by the Transport (Scotland) Act (2019) allow him to carry out inspection of works by both public utilities and councils.
Two new Compliance Officers have been appointed to carry out this role and, since the new powers came into effect on 1 April 2024, they have been focussing on compliance with the Safety at Street Works and Road Works Code of Practice at council road works sites.
During this period they have observed over 1,200 sites, where almost 400 non-compliances with the safety standard have been observed. The main failings relate to a lack of adequate pedestrian facilities. In two cases, where failings were judged to be systematic, the Commissioner has issued Compliance Notices to two local authorities.
The Commissioner is pleased to note early progress, however he remains committed to working with the road works community to drive further sector-wide improvements.
From 1 April 2024, Section 18A (1) of the Transport (Scotland) Act 2005, grants powers to the Commissioner and his Compliance Officers to carry out various inspection functions on Public Utilities and Roads Authorities.
Where this finds evidence of a minor breach of duties, this is recorded on the Scottish Road Works Register. The organisation in question is then expected to take the necessary steps to bring their activities back into compliance.
Where a systematic, or suitably serious breach of duties is observed, a Compliance Notice can be issued under Section 153 of the New Roads and Street Works Act 1991.
A Compliance Notice sets out the steps that an organisation must take to bring their activities back into compliance. Recipients must comply with its terms. Failure to do so is a criminal offence, which can be subject to an unlimited fine.
Further information can be found in the Authorised Persons Code of Conduct v.1.0 (roadworks.scot)
Contact:
Office of the Scottish Road Works Commissioner
Tel: 0131 244 9936
Email:enquiries@roadworks.scot