The A84/A85 Trunk Road (Callander) (Temporary Prohibition on Use of Road) Order 2024
The Scottish Ministers give notice that they have made the above Order under sections 2(1) and (2), 4(1) and 16A of the Road Traffic Regulation Act 1984, which will have the effect of temporarily prohibiting traffic on that length of the A84/A85 Stirling - Crianlarich Trunk Road from a point on Stirling Road Callander at its junction with Geisher Road in a general north westwards direction in Main Street to its junction with Ancaster Square, Callander a distance of 1.20 kilometres or thereby.
The Order, which is required to facilitate a Christmas Parade and Christmas Light Switch on and to enable participants and members of the public to view the parade safely will be in operation from 30 November 2024 until 1 December 2024. Restrictions on the trunk road will be in operation for around 1 hour between 15:30hrs and 16:30hrs on said date. Pedestrian access will be maintained at all times.
The Order does not apply to vehicles while being used in an emergency for fire brigade, ambulance, police or coastguard purposes or a vehicle being used for facilitating the holding of the relevant event.
Alternative routes
Alternative route for traffic is not required.
For information about roadworks on motorways and trunk roads visit www.traffic.gov.scot
A member of the staff of the Scottish Ministers
Transport Scotland
George House
36 North Hanover Street
Glasgow
G1 2AD
Child Rights and Wellbeing Impact Assessment (CRWIA)
Disclaimer
This document is a point in time assessment of the likely effects of The A84/85 TrunkRoad (Callander) (Temporary Prohibition on Use of Road) Order 2024on the rights and wellbeing of children and young people. This impact assessment should be read in conjunction with parliamentary/strategic decision-making process prepared for this proposal.
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.
Authorise – to give official permission for something to happen, or to give someone official permission to do something
The proposal is an order with the title “The A84/A85 Trunk Road (Callander) (Temporary Prohibition on Use of Road) Order 2024”. This order allows part of the A84 trunk road to be closed for around sixty minutes on 30th November 2024 when the type of traffic sign specified in the order is displayed (and see the schedule of the order for the specific length of road to be closed). This means that no person may use, or authorise the use of, any vehicle on that specific length of road during that period. The only exceptions are for emergency vehicles and vehicles involved in holding the relevant event. The order will not prevent pedestrians from using that length of road at any time. The closure of this part of the A84 is to facilitate the safety of participants and viewers of the Callander Christmas Parade and Christmas Light Switch On (which will happen at the start of the event).
Start date of proposal’s development: 14 October 2024
Start date of CRWIA process: 14 October 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).
During the development of this order, the operating company responsible for the road closure 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 is the potential for access to a number of venues, facilities and buildings used by children and young people to be affected. Therefore, there is the potential for the order to impact: 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). The impact and mitigating actions we will plan into the order will be outlined in question 9 of this assessment.
The closure is to maintain safety for the public parade and Christmas Light Switch On event. Access for all emergency services will be maintained at all times. Therefore this order is also relevant to children and young people both directly and in-directly, due to the positive impact of protecting public safety by prohibiting vehicular use of this section of the road for a period of around sixty minutes.
Therefore, when reviewing all UNCRC requirements, we consider that 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. (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
The following facilities were identified via mapping routes as areas of concern regarding their accessibility by children and young people or their families, carers, representatives etc., as a result of the closure:
- Callander Medical Practice
- Trossachs Pharmacy
- Callander Library
- Callander Kirk
- St Josephs Catholic Church
- Callander Golf Club
Mapping routes show however that access to the above facilities near this stretch of road by children and young people or their families, carers, representatives etc., is not unduly impacted as a result of the closure, because the closure takes place for sixty minutes at the weekend. To ensure the safe running of this event, the specified part of the A84 road is expected to be closed for around sixty minutes. When reviewing all UNCRC requirements, article 6 was found to be positively impacted by the temporary closure of the stretch of road.
The temporary closure of the road is to facilitate the holding of the event on the road and enable members of the public to participate in it. As there will be no traffic on the road, it will contribute to the reduction of road traffic incidents during the event. This 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 (Guidance Section 3.2, page 26).
Not Applicable
5. Analysis of Evidence (Guidance Section 3.2, page 26).
Evidence gathered from our mapping research told us that access to the above listed facilities by vehicle could be impacted for sixty minutes. While access may be restricted to the facilities identified near the stretch of road as listed in question 3, these facilities are either closed or may still be accessed by foot, and so there is a limited negative impact to articles 14, or 28, 24 and 31.
As this is an A road (i.e. a major road), not closing the part of this road specified in the order for the duration of the event was identified to have potentially dangerous consequences and therefore has the potential to have an increased risk for children and young people. Therefore, when reviewing all UNCRC requirements, this order also relates to article 6, which should be positively impacted by the closure of the stretch of road.
6. What changes (if any) have been made to the proposal as a result of this assessment? (Guidance Section 3.2, page 26)
Not Applicable
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):
(Please choose from positive, negative, neutral or no impact, Please note you can have both a positive and negative impact on children’s rights.)
Applicable answer(s): Positive, 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).
As this is an A road (i.e. a major road), not closing the part of the road specified in the order was identified to have potentially dangerous consequences and therefore has the potential to have an increased risk for children and young people. Therefore, there was the positive impact closing the road would have on article 6 was identified.
9. 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).
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
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).
(Please choose from yes, no or not applicable)
Applicable answer: Yes
If yes, please provide and explanation below:
Safe
As this is an A road (i.e. a major road), not closing the part of the road specified in the order for the duration of the event was identified to have potentially dangerous consequences and therefore has the potential to have an increased risk for children and young people. Therefore, it is determined there would be a contribution to the safe wellbeing indicator.
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 (or no impact) on their rights. Post Assessment Review and sign-off
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?
Due regard will be given as to the development of any new
facilities surrounding the closure area which has the potential to impact children and young people.
13. Sign off (Guidance Section 3.2, pages 31-32).
Policy Lead Signature & Date of Sign Off: 22/11/2024
Deputy Director Signature & Date of Sign Off: 26/11/2024
UN Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 Compatibility Consideration and Narration of Statement of Compatibility
The Scottish Ministers have made the following statement regarding children’s rights.
“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 A84/85 Trunk Road (Callander) (Temporary Prohibition on Use of Road) Order 2024 is compatible with the UNCRC requirements as defined by section 1(2) of the Act.”