The A702 Trunk Road (Hillend) (Prohibition on Waiting, Loading and Unloading) Order 2024
The Scottish Ministers give notice that they have made the above Order under sections 2(1) and (2), 4(1) and 14(1)(a) and (4) of the Road Traffic Regulation Act 1984.
The effect of the Order is as described in The Midlothian Advertiser, dated 5 October 2023 and the Edinburgh Gazette Issue Number 28869, dated 6 October 2023. The Order comes into force on Friday 8th November 2024
A copy of the Order as made, the relevant plans, and revoked Order may be inspected free of charge until 16 December 2024 during normal business hours at the offices of Transport Scotland, George House, 36 North Hanover Street, Glasgow, G1 2AD and Dalkeith Library, 2 White Hart Street, Dalkeith, EH22 1AE.
Any person wishing to question the validity of the Order or any of its provisions on the ground that it is not within the powers of the relevant enabling Act or that a requirement of any such enabling Act or of any relevant regulations made thereunder has not been complied with may, within 6 weeks from the date on which the Order was made, make application for that purpose to the Court of Session.
A member of staff of the Scottish Ministers
Transport Scotland
George House
36 North Hanover Street
Glasgow
G1 2AD
Child Rights and Wellbeing Impact Assessment (CRWIA) for The A702 Trunk Road (Hillend) (Prohibition on Waiting, Loading and Unloading) Order 2024
Disclaimer
This document is a point in time assessment of the likely effects of The A702 Trunk Road (Hillend) (Prohibition on Waiting, Loading and Unloading) Order 2024 on the rights and wellbeing of children and young people.
Scottish Government acknowledge the importance of monitoring and evaluating the impact of strategic decisions and legislation on children’s rights and wellbeing. Any information gathered during implementation of the legislation or strategic decision to which the impact assessment relates, will be used to inform future determinations of impact. Any new strategic decision or new legislation (including amending legislation) would be subject to a/ new CRWIA in line with the legislative requirements.
Introduction
1. Brief Summary (Guidance Section 3.2, page 20).
Type of proposal
(Please choose from either Bill, SSI or Decision of a strategic nature relating to the rights and wellbeing of children)
Applicable answer: SSI
Name the proposal, and describe its overall aims and intended purpose.
Key Term Definitions Prohibition – to officially and legally not allow something.
Restriction – to officially and legally limit something.
This Order is necessary for the new junction layout and will also provide a safer road system with signalised pedestrian crossing and better visibility for all users.
The Order prevents vehicles from parking in what was prior to the junction construction a section of road designed for vehicle parking and is now the running lane of the trunk road. We now have 3 lanes (n/b, s/b and right filter), whereas before we had 2. Without this change, the junction would become unsafe for all road users due to the increased traffic as a result of the Developer - Midlothian Council’s project “Destination Hillend”. In addition, the order also facilitates the safe pedestrian crossing of the road at 3 locations around the junction, where traffic signals have been installed and implemented.
Start date of proposal’s development: 22/09/2023
Start date of CRWIA process: 23/09/2024
2. With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024, which aspects of the proposal are relevant to children’s rights? (Guidance Section 3.2, pages 20-22).
The outcomes of this restriction on this section of road will have a positive impact on children and young people by improving safety and usability of this area of road. The restriction will have no impact on children and young people’s ability to access school and/or childcare facilities, higher or further education institutions, hospitals, places used for recreational activity, and places of worship as these facilities have their own parking areas in the area or are not present. Walking/cycling routes will be improved following the implementation of the restriction.
3. Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal. (Guidance Section 3.2, pages 22-25).
From:
- existing research/reports/policy expertise
- consultation/feedback from stakeholders
- consultation/feedback directly from children and young people
Mapping routes show that there are no facilities unable to be accessed by children and young people or their families, carers, representatives etc. as a result of these restrictions.
With UNICEF reporting in their child and adolescent road safety technical guidance that ‘road traffic injuries are the leading cause of death for children and adolescents aged 5–19 years’ we look to reduce chances of this in Scotland by contributing to the improvement of road safety Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed (Guidance Section 3.2, page 26).
No.
4. Analysis of Evidence (Guidance Section 3.2, page 26).
Through our internal processes of identifying roads which may need further work, and the statistics mentioned above, by contributing towards safety of this road this SSI has the potential to positively contribute to article 3, the best interests of the child, and article 6 right to life, survival and development.
5. What changes (if any) have been made to the proposal as a result of this assessment? (Guidance Section 3.2, page 26)
None
Conclusion
6. As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children’s rights? (Guidance Section 3.2, pages 26-27):
(Please choose from positive, negative, neutral or no impact, Please note you can have both a positive and negative impact on children’s rights.)
Children’s Rights
Applicable answer(s): A positive impact due to the increased safety for all road users who use this section of the A702.
7. If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland. (Guidance Section 3.2, pages 27-28).
The proposal will make the road and it’s surrounding footpaths with 3 new signalised crossings for pedestrians a much safer environment for children.
8. If a negative impact has been identified please describe below. Is there a risk this could potentially amount to an incompatibility? (Guidance Section 3.2, pages 28-29).
Not applicable.
Mitigation Record
What options have been considered to modify the proposal in order to mitigate negative impact or potential incompatibility issues?
Please summarise mitigation actions taken below
Issue or risk Identified per article/ Optional Protocol
Not applicable.
Action Taken/ To Be Taken
Not applicable.
Date action to be taken or was taken
Not applicable.
9. As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland? (Guidance Section 3.2, pages 29-30).
(Please choose from yes, no or not applicable)
Applicable answer: Yes.
If yes, please provide and explanation below:
The proposal will make the road and its surrounding footpaths with 3 new signalised crossings for pedestrians a much safer environment for children therefore contributing to the safe wellbeing indicator.
10. How will you communicate to children and young people the impact that the proposal will have on their rights? (Guidance Section 3.2, page 31)
The CRWIA will be published and has been written in accessible language so as to allow for children and young people to understand its content and the potential impact on their rights.
Post Assessment Review and sign-off
11. Planning for the review of impact on children’s rights and wellbeing (Guidance Section 3.2, pages 31).
As part of the decision-making process, plans for reviewing the impact on children’s rights and wellbeing need to be developed.
- How will the impact of the proposal on children’s rights and wellbeing be monitored?
- When will you review and update the CRWIA if required?
As suitable alternative routes for road prohibitions and/ or restrictions are considered in the future, due regard will be given to the development of any new facilities surrounding those prohibitions and/ or restrictions which have the potential to impact children and young people which will be taken into account if further works are being brought in on this section of road.
12. Sign off (Guidance Section 3.2, pages 31-32).
Policy Lead/Area Manager Signature & Date of Sign Off: 31/10/2024
Deputy Director Signature & Date of Sign Off: 01/11/2024
Date CRWIA team first contacted: N/A