The legal framework for road works in Scotland is the New Roads and Street Works Act 1991 (as amended by the Transport (Scotland) Act 2005) and the associated secondary legislation, codes of practice and advice notes. In 2019 this was supplemented by the Transport (Scotland) Act 2019. Part 9 of the 2019 Act makes provisions to enhance the role of the Commissioner and to improve the regulation of road works in Scotland.
The Transport (Scotland) Act 2019 received royal assent in November 2019, and of the provisions contained in Part 9, the majority have now been commenced. The remaining provisions were due to be commenced during 2024/25, however due resourcing issues within Transport Scotland, this has been delayed.
Reviewing legislation is an ongoing process which most public sector agencies undertake at some time. Reviews can be driven by sector developments, changes in technology/materials, changes in processes or be policy driven and should benefit stakeholders and the public. Consultation is an essential part of any review and a key part of developing legislation.
Links to this legislation and other publications can be found at the Legislation & Guidance section of the Commissioner’s website.
Policy Development Group (PDG)
The road works PDG meets quarterly and is chaired by the Scottish Government. Membership includes representatives from the Commissioner, RAUC(S), SCOTS, Street Works UK and the SRWR Steering Group. The group considers amendments to road works policy and provides advice on legislation, codes of practice and advice notes.
Regulations
The Road Works (Scottish Road Works Register Fees and Miscellaneous Amendment) Regulations 2024 came into force on 1 April 2024 and, in addition to standard regulations to allow collection of prescribed fees required to operate the Scottish Road Works Register introduced a provision to add two additional prescribed qualification awarding bodies.
Legislation and Future Legislation
Further to the small number of remaining provisions of the Transport (Scotland) Act 2019, legislation to amend the Road Works (Qualifications of Operatives and Supervisors) (Scotland) Regulations 2017 is anticipated to be promoted in the near future. Details of the effects of these changes are not yet known, however the Commissioner will work closely with the Scottish Government to support development and implementation.