The A9 Trunk Road (Tomatin to Moy) (Temporary Prohibition of Traffic, Specified Turns and Overtaking and Temporary Speed Restrictions) Order 2024
The Scottish Ministers give notice that they have made the above Order under sections 2(1) and (2), 4(1), 14(1)(a) and (4) and 15(2) of the Road Traffic Regulation Act 1984( ) and all other powers enabling them to do so. The effect of the Order is to:-
Prohibit use of any vehicle, prohibit overtaking and impose speed restrictions on the following lengths of road:
- That length of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road (Tomatin to Moy) from a point 1.235 kilometres or thereby south of its junction with the U2856 (Tomatin South Junction), to a point 6.230 kilometres or thereby north of its junction with the U2864 Lynebeg Road, a total distance of 17.98 kilometres or thereby.
Prohibit the following specified turns:
- All U-turns from the southbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the northbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All U-turns from the northbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the southbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from General Wade’s Military Road on the east side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the northbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the northbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road to General Wade’s Military Road on the east side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the National Cycle Route 7 on the west side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the southbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the southbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road to National Cycle Route 7 on the west side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the U2856 - Tomatin South to Findhorn Bridge Junction leading to Tomatin on the west side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the southbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the southbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the U2856 - Tomatin South to Findhorn Bridge Junction on the west side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the northbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the unclassified access road south of C1121 Junction.
- All right turns from the unclassified access road south of C1121 Junction to the northbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the C1121 Junction leading to Tomatin on the west side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the southbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the southbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the C1121 Junction on the west side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the northbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the unclassified road to Tigh An Allt Cottage.
- All right turns from the unclassified road to Tigh An Allt Cottage to the northbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the northbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the unclassified road to Invereen Farm.
- All right turns from the unclassified road to Invereen Farm to the northbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the National Cycle Route 7 on the west side of the /A9 Edinburgh - Stirling - Thurso Trunk Road to the southbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the southbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road to National Cycle Route 7 on the west side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the unclassified road to Dalmagarry Quarry to the northbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the U2786 Ruthven Road on the east side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the northbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the northbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the U2786 Ruthven Road on the east side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the Layby 162 to the southbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the Dalmagarry Farm on the east side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the northbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the southbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the Dalmagarry Farm on the east side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the access track to Dalmagarry Underpass on the west side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the southbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the southbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the access track to Dalmagarry Underpass on the east side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the B9154 Moy on the east side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the northbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the northbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the B9154 Moy on the east side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the southbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the access track to Moy Farm on the west side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the U2864 to Lynebeg on the west side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the southbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the southbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the U2864 to Lynebeg on the west side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the unclassified access track on the east side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road near Allt na Loinne Moire culvert to the northbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the northbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the unclassified access track on the east side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road near Allt na Loinne Moire culvert.
- All right turns from General Wade’s Military Road on the west side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the southbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the southbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road to General Wade’s Military Road on the west side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the Forestry Road on the east side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the northbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
- All right turns from the northbound M9/A9 Edinburgh - Stirling - Thurso Trunk Road to the Forestry Road on the east side of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road.
The Order, which is required because works are being or are proposed to be executed on or near the lengths of road will be in force from 28 October 2024 and will be revoked on completion of the works. The prohibitions and restrictions contained in the Order will only have effect in relation to the lengths of road specified above when indicated by the appropriate traffic signs. No prohibition in the Order applies to vehicles being used in an emergency for fire brigade, ambulance, police or coastguard purposes or vehicles being used for carrying out the works. No speed restriction imposed by the Order applies to vehicles being used in the service of the Special Forces or vehicles being used in an emergency for coastguard purposes.
Alternative routes for the traffic during the prohibition will be signposted.
For information about roadworks on motorways and trunk roads visit Traffic Scotland.
S Baird
A Member of the Staff of the Scottish Ministers
Transport Scotland
George House
36 North Hanover Street
Glasgow
G1 2AD
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 A9 Trunk Road (Tomatin to Moy) Temporary Prohibition of Traffic, Specified Turns and Overtaking and Temporary Speed Restrictions Order 2024 is compatible with the UNCRC requirements as defined by section 1(2) of the Act.”
Child Rights and Wellbeing Impact Assessment (CRWIA) for The A9 Trunk Road (Tomatin to Moy) (Temporary Prohibition of Traffic, Specified Turns and Overtaking and Temporary Speed Restrictions) Order 2024
Disclaimer
This document is a point in time assessment of the likely effects of the above-named proposal on the rights and wellbeing of children and young people. This impact assessment should be read in conjunction with other impact assessments 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
Brief Summary (Guidance Section 3.2, pages 16 and 17).
[In accordance with section 17 of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024, this will either be:
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.
Restriction – to officially and legally limit something.
Exemption – to be given official permission to not have do something that you and others would normally have to do.
The proposal is for an order with the title “The A9 Trunk Road (Tomatin to Moy) (Temporary Prohibition of Traffic, Specified Turns and Overtaking and Temporary Speed Restrictions) Order 2024”. This order allows temporary speed restrictions and prohibitions to be placed on the use of the lengths of trunk road specified in Part 1 of the schedule of the order for a period beginning on 21st October 2024.
The order affects the length of the A9 Trunk Road between Tomatin and Moy as set out in the order. The order allows for speed restrictions and prohibitions on use as well as prohibitions of some types of turn (U-turns and right hand turns). The restrictions and prohibitions may come into effect where roadworks are required on the stretch of road detailed in the schedule, and where relevant traffic signs are displayed as specified in the Order.
There are exemptions to the prohibitions provided in the order for emergency and special force vehicles, as well as for vehicles carrying out the works. Exemptions to the speed restrictions apply to emergency and special force vehicles only.
This temporary SSI is needed to allow for the carrying out of works associated with the A9 Dualling: Tomatin to Moy project. The restrictions in the SSI are needed to safely carry out roadworks including road drainage, adding or amending crossings over watercourses, crossings over and under the Highland Main Line railway, improvements to the footway and cycleway network, and amendments to local access.
The overall aim of this SSI is to temporarily reduce speeds and allow for temporary prohibitions on use and some types of turn on the section of trunk road to allow the safe construction of the A9 Dualling: Tomatin to Moy project which is part of the Scottish Government’s 2024-25 Programme for Government.
Start date of proposal’s development: August 2024
Start date of CRWIA process: 5 August 2024
With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024 (Annex 1), which aspects of the proposal are relevant to children’s rights? (Guidance Section 3.2, pages 17-19).
Access to properties along the specified length of the order will be maintained by the Contractor at all times , although the following locations are considered to be relevant in terms of potential impact:
- Tomatin Village
- School bus route and access to community facilities including The Strathdearn Hub.
- Lynebeg
- Pedestrians crossing the A9 carriageway.
- Dalmagarry
- Bus stops and pedestrians crossing the A9 carriageway.
The temporary prohibitions and/ or restrictions on any length(s) of roads, are not expected to 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 although there may be some minor delays due to reduced speed limits and in certain circumstances diversion routes in place.
These access restrictions have the potential to impact articles:
- Article 28 Right to education
- Article 31 Leisure, play and culture
The speed limit restrictions and prohibitions in this order are required to enable the safe completion of the A9 Dualling: Tomatin to Moy project. The speed restrictions and prohibitions are expected to positively impact on Article 3 (the best interests of the child), and Article 6 (right to life, survival and development) by improving safety for road users travelling through the works.
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 19-22).
From:
- existing research/reports/policy expertise
- consultation/feedback from stakeholders
- consultation/feedback directly from children and young people
The Contractor responsible for the construction of the A9 Dualling: Tomatin to Moy project will manage communications in relation to any impact to the travelling public and where road closures are required, the Contractor will also ensure a suitable diversion is in place so that access is not affected.
Where other works are identified on a diversion route, a review of the route and timing of work is carried out, assessing whether both sets of work can run at the same time or if one needs to be changed and re-organised to minimise disruption. This assessment will be undertaken in consultation with key stakeholders including the Highland Council and Police Scotland.
The Contractor is required to minimise disruption and will use tools such as Traffic Impact Assessments to plan disruptive activities such as closures to ensure these are undertaken at times that minimise disruption to road users.
As part of the planning process, the Contractor will consult with Police Scotland, The Highland Council, Transport Scotland and other key stakeholders to ensure that plans are appropriate and minimise disruption. The contractor will also contact any occupiers or owners that may have access impacted, and alternative arrangements will always be put in place. Further information on the potential impacts to access and mitigations put in place are outlined in question 9.
The works which this order is supporting will result in a positive impact to the public, including children, by improving road safety and amenity, and minimise the chances of an unplanned road closure which could affect the accessibility of facilities that are necessary to ensure the rights of the child are upheld.
Statistics show a decrease in the number of road traffic incidents in recent years and while it’s known that this considers a broader range of incidents than those covered in this order, contributing to the reduction of road traffic incidents through this order 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.
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 22).
No gaps in the evidence.
Analysis of Evidence (Guidance Section 3.2, page 23).
The evidence gathered has demonstrated that children and young people in the area of the works will experience a slight increase in travel disruption due to traffic management, potentially impacting articles 28 and 31. These impacts will be temporary during the construction phase and will be mitigated against as described in question 9. Additionally, there are anticipated positive impacts to Articles 3 and 6 following construction of the A9 Dualling: Tomatin to Moy project.
The statistics and guidance mentioned above demonstrate the risk children and young people in particular face in relation to road safety. The introduction of this order will reduce the risks for all road users including children and young people. The evidence considered during its preparation allows us to conclude that it will have a positive impact on the Article.
What changes (if any) have been made to the proposal as a result of this assessment? (Guidance Section 3.2, page 23)
There are no changes to the proposed order as a result of the CRWIA.
If at times there is unavoidable disruption this will be temporary with suitable alternative routes provided by the Contractor if access is limited which is already factored in through current process. Such aspects will be communicated by the Contractor in advance of any possible disruptive activities to allow communities to plan and adapt their journeys and activities, where possible.
Conclusion
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, page 23):
Children’s Rights (Annex 1)
Applicable answer(s): positive and negative
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, page 24).
The positive impact will be to children’s right to life, survival and development (article 6) by improving safety for all road users along the Tomatin to Moy section of the A9 by applying certain restrictions such as reduced speed limits and no overtaking prohibitions when appropriate signage is in place during the construction of the A9 Dualling: Tomatin to Moy project.
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, page 25).
There are very few potential negative impacts to Articles 28 and 31. Access will be maintained by the contractor and where closures may be necessary over short period where unavoidable, diversion routes will be in place. The nature of the order is temporary. The potential negative impacts could be felt in relation to access to:
- Tomatin Village
- Lynebeg
- Dalmagarry
With planning and mitigations in place to reduce any negative impacts in so far as possible, the potential temporary negative impacts are deemed necessary and proportionate when weighed against the intended positive impacts to articles 6 (as described in Question 8) by improving safety on the section of the A9 trunk road between Tomatin and Moy by reducing speed limits and prohibiting certain movements/ actions as necessary.
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
Article 28 (right to education) and Article 31 (right to leisure, play and culture) may have a very slight temporary adverse impact due to impacts on journey times/ routes when restrictions are in place.
Action Taken/To Be Taken
Access will be maintained throughout and suitable diversion routes will be in place where closures to roads are unavoidable. Local access will be maintained at all times, as will access for emergency vehicles..
There will also be continued engagement with local communities led by the Contractor to ensure the members of public are informed as traffic management plans are implemented or change. This would also provide a mechanism to maximise engagement between the Contractor’s team and local communities. Details of planned traffic management will be published in advance of works commencing to allow people to adapt their travel plans as/if required.
Date action to be taken or was taken
Action will be taken throughout the construction phase.
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 26-27).
(Please choose from yes, no or not applicable)
Applicable answer: Yes
If yes, please provide and explanation below:
By enforcing a temporary speed limit restrictions, the SSI is improving safety for all along the Tomatin to Moy section of the A9 by reducing the speed limits during construction. Therefore contributing towards the ‘safe’ wellbeing indicator.
How will you communicate to children and young people the impact that the proposal will have on their rights? (Guidance Section 3.2, page 27)
This CRWIA has been written in an accessible format for all children and young people to understand the potential impact on their rights. It will be published on the legislation website under the name ‘Child Rights and Wellbeing Impact Assessment’ so those wishing to access it can do so.
Post Assessment Review and sign-off
Planning for the review of impact on children’s rights and wellbeing (Guidance Section 3.2, pages 27).
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 the CRWIA is a ‘live’ document, it will be updated in the instance of any significant changes to the SSI likely to impact children. It will also be updated should further consultation or engagement be undertaken with children, or that provides information relevant to the CRWIA.
Sign off (Guidance Section 3.2, page 28).
Policy Lead Signature & Date of Sign Off: Stuart Baird – 18 October 2024
Deputy Director Signature & Date of Sign Off: Gemma Patterson – 18 October 2024
Date CRWIA team first contacted: 27 September 2024