The M74 Trunk Road (Junction 9 to Junction 11) (Temporary 30mph Speed Restriction) Order 2024
The Scottish Ministers give notice that they have made the above Order under sections 2(1), 4(1) and 14(1)(a) and (4) of the Road Traffic Regulation Act 1984, which will have the effect of imposing a temporary 30mph speed restriction on that length of the M74/A74(M)/A74 Glasgow - Carlisle Trunk Road being the northbound and southbound carriageways from the B7076 Strathaven Road bridge at Junction 9 to the B7078 underbridge at Junction 11 Poniel Interchange, a distance of 10 kilometres 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 8 September 2024 until 30 April 2025 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 vehicles falling within regulation 3(4) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011 when used in accordance with regulation 3(5) of those Regulations, or vehicles being used in an emergency for coastguard purposes.
Alternative routes
An alternative route is not required.
For information about roadworks on motorways and trunk roads visit Traffic Scotland.
H MCDONALD
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) for The M74 Trunk Road (Junction 9 to Junction 11) (Temporary 30mph Speed Restriction) Order 2024
Disclaimer
This document is a point in time assessment of the likely effects of the M74 Trunk Road (Junction 9 to Junction 11) (Temporary 30mph Speed Restriction) Order 2024 on the rights and wellbeing of children.
Scottish Government and Executive Agencies 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
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
The M74 Trunk Road (Junction 9 to Junction 11) (Temporary 30mph Speed Restriction) Order 2024 reduces the speed limit of the M74 Trunk Road between Junctions 9 and 11 for 10 kilometres or thereby, for a period beginning 8th September 2024 and ending on 30th April 2025. This means that no person may use or authorise the use of any vehicle above 30mph.The only exception being for emergency vehicles. The temporary speed restriction of this length of the M74 is to refurbish the M74 11-10 90 Nethan Viaduct due to many historic defects of the surfacing and expansion joints, which has the potential to both damage vehicles and cause risk to the public safety.
Start date of proposals: 27/06/2024
Start date of CRWIA process: 22/07/2024
- With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024, which aspects of the proposal are relevant to children’s rights? .
During the temporary speed restriction of this section of road there will be 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 none of these facilities are near this area of road. 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
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 this speed restriction. Therefore, there is no impact to their rights as set out in the UNCRC Act.
- 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.
No
- Analysis of Evidence.
The speed restriction does not prevent access in any way but provides a safe route through the intended works
- What changes (if any) have been made to the proposal as a result of this assessment?
None
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? :
(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): No impact
- 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. .
N/A
- If a negative impact has been identified please describe below. Is there a risk this could potentially amount to an incompatibility? .
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
- 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? .
(Please choose from yes, no or not applicable)
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.
- How will you communicate to children and young people the impact that the proposal will have on their rights?
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
- Planning for the review of impact on children’s rights and wellbeing.
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 we consider that this speed restriction will have no impact on their rights under the act, this will be monitored only if there are any changes to the works
- Sign off.
Policy Lead Signature & Date of Sign Off: Peter Egan 03/09/2024
Deputy Director Signature & Date of Sign Off: H MCDONALD 05/09/2024
Date CRWIA team first contacted: 28/08/2024
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 M74 Trunk Road (Junction 9 to Junction 11) (Temporary 30mph Speed Restriction) Order 2024 is compatible with the UNCRC requirements as defined by section 1(2) of the Act.”