The A95 Trunk Road (Granish to Grantown-on-Spey) (Temporary Prohibition on Use of Road and Specified Turns) 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 vehicles on that length of the A95 Granish – Keith Trunk Road from its junction with the M9/A9 Edinburgh – Stirling – Thurso Trunk Road in a generally eastwards, north-eastwards and then southwards direction to its junction with the B970 Nethy Bridge Road eastwards of Grantown-on-Spey, a distance of 21 kilometres or thereby.
The turns specified are:
- All right turns from the southbound A95 Granish – Keith Trunk Road to the B9153 Carrbridge Road.
- All right turns from the A939 leading from Grantown-on-Spey to the southbound A95 Granish – Keith Trunk Road.
The Order is required to facilitate the Thunder in The Glens Rideout 2024 motorcycle event and enable members of the public to watch the event, will be in operation from 24 August until 25 August 2024. It is anticipated that the Order will be in force for a period of 1 hour and will only have effect in relation to such part or parts of the length of road as are indicated by the appropriate traffic signs.
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
The alternative route for traffic during the prohibition will be signposted. Detailed descriptions can also be obtained from Amey, Caledonian House, West Kinfauns, Perth, PH2 7XZ.
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
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 A95 Trunk Road (Granish to Grantown-On-Spey) (Temporary Prohibition on Use of Road and Specified Turns) 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 A95 Trunk Road (Granish to Grantown-On-Spey) (Temporary Prohibition on Use of Road and Specified Turns) Order 2024
Disclaimer
This documentis a point in timeassessment of the likely effects of The A95 Trunk Road (Granish to Grantown-On-Spey) (Temporary Prohibition on Use of Road and Specified Turns) 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.
Child Rights and Wellbeing Impact Assessment
Introduction
- 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.
The A95 Trunk Road (Granish to Grantown-On-Spey) (Temporary Prohibition on Use of Road and Specified Turns) Order 2024. The order is required to facilitate the Thunder in the Glens motorcycle event and to enable participants to access and egress the area safely. The order allows part of the A95 trunk road to be closed to vehicles, and bars right hand turns by vehicles on certain parts of the road, for a period of time on 24 August 2024 (see the schedule of the order for the specific length of road to be closed and turns to be barred). The only exceptions are for emergency vehicles and vehicles involved in the holding of the event. Also, the order will not prevent pedestrians from using the length of road at any time.
Start date of proposal’s development: 05/06/2024
Start date of CRWIA process: 05/06/2024
- 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 event, for which the order is being promoted, attracts families with children and has been planned to take place on a weekend during school holidays when disruption will be minimised.
The temporary closure of the road and the ban on certain turns at road junctions will mean that those wishing to access the nearby recreational facilities will experience periods of short-term disruption, however, we have tried to ensure that any impact on children and young people’s ability to access these facilities is kept to an absolute minimum.
- 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
Engagement and consultation play an important role when planning events that require specific orders. Consultation takes place between the operating company and the event organiser, community council and other agencies like the Police to establish the impact on the local community and road network reliability. Meetings have taken place in relation to this event and details of it have been published in local papers and on the organisers website to raise awareness of the potential impact. This order, and any orders used, are planned in consultation with Transport Scotland, Traffic Scotland, the emergency services, Local Council, and any other key stakeholders that will be impacted.
- 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
- Analysis of Evidence (Guidance Section 3.2, page 26).
As this is an annual event, evidence and experience from previous years’ events was considered when assessing the impact for this year’s event. No issues relating to this long standing event have been established to date. Whilst any road closure can have a consequential impact particularly in relation to free movement, as this is a short duration closure it is believed that the impact will be minimal. It is necessary to close the road and ban some turns from road junctions to ensure the safety of the participants and spectators, some of whom will be children.
- What changes (if any) have been made to the proposal as a result of this assessment? (Guidance Section 3.2, page 26)
The event is taking place when the local schools are not in session so as to minimise the impact on children’s rights to education alongside their right to life, survival and development.
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, 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): Positive/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, pages 27-28).
- 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).
There was the potential negative impact on accessibility for children and their parents if they have mobility issues in accessing recreational activities in the nearby area if the diversion route meant that their journey was further than would normally be the case potentially impacting article 23. Whilst there will be additional time added to travel times this will be negligible as the diversion routes have been carefully considered to minimise disruption.
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
Movement and routing of traffic on the road network alongside an increased number of pedestrians for the event, including children and young people.
Impact of diverting traffic onto other routes.
Timing of the event and associated road closures, diversions etc.
Action Taken/To Be Taken
We considered alternative routes but closing the road was the safest option owing to public safety concerns.
We considered the accessibility and practicality of all alternative routes.
We considered the timing of the closure to cause the least amount of impact and disruption.
It was agreed to close the road on a weekend when the school was not in term to mitigate the potential negative impact to article 23 and smaller impact to article 28.
Date action to be taken or was taken
Not applicable
- 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:
Children and young people’s safety and wellbeing will be positively impacted by closing the road to make it safe for use and therefore protect public safety.
- 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 language that children and young people can understand, so that they can understand its content and the impacts on their rights.
Post Assessment Review and sign-off
- 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 this is a long standing annual event and will be held again in the future, we will consider all emerging factors which will or could have an impact on road closures or restrictions and which could have the potential to impact children and young people
- Sign off (Guidance Section 3.2, pages 31-32).
Policy Lead Signature & Date of Sign Off: Graeme Paget, Area Manager 01/08/2024
Deputy Director Signature & Date of Sign Off: Scott R Lees 19/08/2024
Date CRWIA team first contacted: 17/06/2024