The A737 Trunk Road (Kilwinning) (Temporary 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, which will have the effect of temporarily prohibiting vehicles from waiting, loading and unloading on that length of the A737/A738 St James Interchange - Kilwinning - Hawkhill Trunk Road being the north and southbound carriageways from a point outside Number 57 Dalry Road, to a point outside Number 60 Dalry Road, a distance of 131.5 metres or thereby.

The Order, which is required because works are being proposed to be executed on or near the road will be in operation from 31st October until 3rd November 2024 and will only have effect in relation to such part or parts of the length of road as is indicated by the appropriate traffic signs.

The Order does not apply to a vehicle while being used in an emergency for fire brigade, ambulance, police or coastguard purposes or vehicles being used for carrying out the works.

Alternative Routes

An alternative route is not required.

For information about roadworks on motorways and trunk roads visit the Traffic Scotland website.

A member of the staff of the Scottish Ministers

Transport Scotland
George House
Glasgow
G1 2AD

The A737 Trunk Road (Kilwinning) (Temporary Prohibition on Waiting, Loading and Unloading) Order 2024 

Statement of Compatibility

Statement Declaration

For SSIs

In accordance with section 23(2) of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (the Act), the Scottish Ministers certify that, in their view, the A737 Trunk Road (Kilwinning) (Temporary Prohibition on Waiting, Loading and Unloading) Order 2024 is compatible with the UNCRC requirements. 

Child Rights and Wellbeing Impact Assessment  

For further information please read the related child rights and wellbeing impact assessment, which can be found, on legislation.gov.uk at the same location as this statement of compatibility.

Child Rights and Wellbeing Impact Assessment (CRWIA) for the A737 Trunk Road (Kilwinning) (Temporary Prohibition on Waiting, Loading and Unloading) Order 2024

Disclaimer

This documentis a point in timeassessment of the likely effects of the A737 Trunk Road (Kilwinning) (Temporary 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: SSI

Name the proposal, and describe its overall aims and intended purpose.

Key Term Definitions

Prohibition – to officially and legally not allow something.

The A737 Trunk Road (Kilwinning) (Temporary Prohibition on Waiting, Loading and Unloading) Order 2024 allows for the temporary prohibition of waiting, loading and unloading to be placed on the use of the lengths of trunk road specified in the schedule of the order for a period beginning on 28th October 2024 and ending on 30^th October 2024. The exact lengths of trunk road affected by the order are located throughout the south west of Scotland and can be found in the order itself. The prohibition provided by the order would come into effect where the relevant traffic signs specified in the order are displayed. The order will not prevent emergency vehicles from using those lengths of road through case by case planning and agreement prior to the order commencing. The roadworks are required to protect the public whilst a statutory undertaker carried out essential works to their apparatus.

Start date of proposal’s: 28/10/2024

Start date of CRWIA process: 30/10/2024

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?

During the development of this order, the operating company responsible for the roadworks has assessed whether the temporary prohibitions allowed by this order will negatively impact on children and young people’s ability to access buildings such as schools and/ or childcare facilities, higher or further education institutions, hospitals, places used for recreational activity, and places of worship. We intend to keep any such impacts to an absolute minimum and avoid them where possible. There will not be a road closure with diversion route in place for these works, all works will be completed under temporary traffic lights. Due to the location of these statutory undertaker works, there is the potential for a slight delay accessing a number of venues, facilities and buildings used by children and young people, however access will always be maintained. Therefore, there is the potential for the order to impact children and young people’s right to education (article 28), right to health and health services (article 24), right to leisure play and culture (article 31), and freedom of thought, belief and religion (article 14).

However, the purpose behind the order is to keep the public safe whilst statutory undertaker works are being undertaken and therefore, we consider these works to have a positive impact both directly and in-directly to article 3 (the best interests of the child) and article 6 (right to life, survival and development).

3. Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal.

From:

• existing research/reports/policy expertise
• consultation/feedback from stakeholders
• consultation/feedback directly from children and young people

The operating company responsible for approving roadworks have past experience and knowledge to support our decision making process, however, engagement, consultation and communication are extremely important in the planning and delivery of works. As part of this process, maps are used to determine who will be impacted within a certain mile radius.

The operating company has identified the extents of this order and are aware of the impact to the travelling public (particularly with this being the strategic trunk road network). Utilising maps, sites were identified, including nearby schools and private dwellings, which will be impacted by the roadworks. The assessment includes buildings next to the trunk road, which generally is not the case on this network, as well as buildings nearby which may be impacted by works on the trunk road, or facilities within a diversion route.

Utilising mapping tools, the operating company has identified buildings such as schools and private dwellings which could possess a risk. Once impacted stakeholders (including schools in this instance) are identified and contact is made to discuss the impact works will have on each individual stakeholder. The works proceed through stakeholder consultation in advance of them being carried out, including liaison with local authorities and Police Scotland. Feedback is obtained on any required adjustments to the traffic management or work proposals.

Works are also noticed and plotted on the Scottish Roadworks Register, and where conflicts are identified, the operating company works with the other party to manage such issues.

Where work may cause an impact, the operating company effectively uses tools such as Traffic Impact Assessments or general knowledge to plan works at the most effective time.

Access for emergency service vehicles will be maintained throughout works.

Where sites are impacted by works, the operating company consults with Police Scotland, the local authorities, Transport Scotland and other key stakeholders. Please note that local roads which are the responsibility of the local authority are more commonly likely to provide direct access to a number of facilities which may be utilised by children and young people such as schools, leisure centres, and GP offices, however this CRWIA has allowed us and the operating company to identify where potential impact to facilities may occur and mitigate against these.

The operating company’s Liaison Officer has good knowledge of the surrounding area and has built up a relationship with stakeholders such as the local schools. Therefore, they also undertake stakeholder engagement with affected stakeholders (such as shopping complexes, leisure facilities, schools, crematoriums), where work may impact them. This then allows the operating company to plan ahead to mitigate against potential accessibility issues. The mitigation process specific to this order is described in question 9.

While there is the potential for access to areas to be impacted as a result of the order (until we add our planning measures prior to the order commencing), undertaking repairs provides a general positive impact to the public, including children, by reducing the chances of dangerous roads causing a risk to public safety, by improving infrastructure and identifying potentially dangerous roads early to reduce the chances of an unplanned road closure which may have more impact on the wider public.

Statistics show a decrease in the number of road traffic incidents in recent years and while we know that this looks a much broader range of incidents than those cause what this order looks to impact alone, contributing to the reduction of road traffic incidents through this order and many like it will have a positive impact on children’s right to life, survival and development.

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.

4. 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.

This assessment has identified any potential intended impacts and we have analysed the evidence available at the point of planning the order. There is the potential for unintended situations occurring which cannot be planned for throughout the duration of this order. However, as per the current process, the availability of suitable alternative routes which do not limit access to spaces utilised by children and young people will be given due regard.

5. Analysis of Evidence (Guidance Section 3.2, page 26).

Planning of these works allowed for the Operating Companies to identify any buildings and/ or facilities which children and young people may access near this stretch of road. This was then further understood through engagement with Police Scotland, the local authorities, Transport Scotland and other key stakeholders to provide input on potential impacts and the best ways to mitigate against these.
Through this evidence to understand the impact of delays to access these buildings, mostly private dwellings, (but no restriction or blocked access) has allowed for appropriate mitigations to be put in place as outlined in question 9.

From the evidence described above, there is minimal impact with temporary traffic lights being implemented.

The identification of required roadworks allows for us to plan these works in order to uphold children’s right to life, survival and development, through completing these works and protecting public safety.

6. What changes (if any) have been made to the proposal as a result of this assessment? (Guidance Section 3.2, page 26)

The operating company assessed if this order had a potential to restrict access to such an extent that it would require additional measures to be put in place. This allowed for general planning procedures to mitigate against any potentially negative impacts. Therefore, while mitigations were put in place in the planning, this is current process for these orders so did not require a change to process. If any unintended situations occur during the time this order is in operation, these will be mitigated against in the same way.

Conclusion

7. 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):

Children’s Rights

Applicable answer(s): Positive and Negative

8. 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 positive impact will relate to the best interests of the child (article 3) and children’s rights to life, survival and development (article 6) by allowing prohibition of waiting, loading and unloading in accordance with this order necessary to repair the statutory undertaker apparatus, protecting public safety and improving infrastructure.

9. If a negative impact has been identified please describe below. Is there a risk this could potentially amount to an incompatibility?

As these works are being carried out under temporary traffic lights, we do not anticipate a potential negative impact to children and young people’s rights as set out in the UNCRC Act.

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

Limited or restricted access to a number of buildings used by children (without planning measures put in place).

Action Taken/ To Be Taken

Consideration of the timing of roadworks to limit the impact to the public, including children.

Case by case planning of the best way to supply access to these roads in a safe manner to emergency vehicles.

Date action to be taken or was taken

Prior to the order commencing the planning for these mitigating actions was mapped out so will be put in place when works begin.

10. 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).

Applicable answer: Yes

If yes, please provide and explanation below:

Yes - safety of the public, including young people, is essential, and will be positively impacted by undertaking roadworks to maintain the roads in accordance with this order.

11. 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

12. 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?

Through the duration of this order, the CRWIA will be referred to and due consideration given to the rights of children and young people if any unintended events occur.

13. Sign off (Guidance Section 3.2, pages 31-32).

Policy Lead Signature & Date of Sign Off: Neil Lang – 07/10/24

Deputy Director Signature & Date of Sign Off: Scott Lees - 28/10/24

 Date CRWIA team first contacted: 15/10/24