Scottish Road Works Commissioner
The Scottish Road Works Commissioner (SRWC) is an independent public official whose role was established under section 16 of the Transport (Scotland) Act 2005. They are accountable to Scottish Ministers and ultimately the Scottish Parliament. The Transport Policy Division of Transport Scotland acts as sponsor body to the Office of the Scottish Road Works Commissioner. The SRWC’s aim is to improve the planning, coordination and quality of road works throughout Scotland.
‘Keeper’ of the Scottish Road Works Register (SRWR), the Commissioner monitors performance, promotes and encourages good practice across utility companies and roads authorities. The monitoring is at a strategic level and is related to how well the works are being planned and coordinated.
Coordination and planning of road works in Scotland is undertaken by Local Authorities and utility companies by entering details of their planned works on the SRWR. The Commissioner has powers to impose financial penalties on Local Authorities who systematically fail in their duty to co-ordinate and upon utility companies who systematically fail to co-operate, when undertaking road works.
The title of Scottish Road Works Commissioner can lead people to assume that the SRWC is responsible for works which are undertaken on Scottish roads. The 32 Scottish Local Authorities (with Transport Scotland for trunk roads) have responsibility for the day to day management and coordination of works undertaken on the roads for which they have responsibility. The reinstatement of road surfaces remains the responsibility of the party undertaking the works.
Analysis of Response from the Consultation 'Amendments to Scottish Road Works Regulations 2024'
We asked for views on two minor amendments to road works legislation in the online public consultation which ran from 14 November 2023 until 15 January 2024. First on the proposal to revoke the Scottish Statutory Instrument, “The “Scottish Road Works Register (Prescribed Fees) Regulations 2022” and replace it with a new Regulation to account for the overall running cost in the 2024/25. Secondly, we sought views on amending “The Road Works (Qualifications of Operative and Supervisors (Scotland) Regulations 2017”, and the Road Works (Reinstatement Quality Plans, Qualifications of Supervisors and Operative and Miscellaneous Amendments) (Scotland) Regulations 2023, by expanding the list of approved awarding organisations to include two additional bodies
In total, thirteen responses to the consultation were received and these have been carefully considered. Most of the respondents supported the proposal to replace the 2022 Scottish Statutory Instrument. As a result, we will now revoke the Scottish Statutory Instrument, “The “Scottish Road Works Register (Prescribed Fees) Regulations 2022”, and replace it with a new Regulation as proposed. We have also added the two new awarding bodies, “Highfield Qualifications” and “EUIAS” to the appropriate statute.