The M90/A90 (Finavon Bridge) (Temporary Vehicle Weight Restriction) (No. 2) 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, temporarily prohibiting traffic over 44 tonnes on that length of the M90/A90 Edinburgh – Fraserburgh Trunk Road, Finavon Bridge, in a generally north easterly direction from its junction with the ZU370 access to Boutree Bush, Oathlaw to the B957 access to Tannadice House Finavon, a distance of 0.42 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 6th December 2024 to 31st December 2027 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 being used in an emergency for fire brigade, ambulance, police or coastguard purposes or vehicles being used for carrying out the works.

Alternative Route

Detailed descriptions can also be obtained from Amey, Caledonian House, West Kinfauns, Perth, PH2 7NX

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

H GILLIES
A member of the staff of the Scottish Ministers

Transport Scotland
George House
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 M90/A90 Trunk Road (Finavon Bridge) (Temporary Vehicle Weight Restriction) (No. 2) 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 M90/A90 (Finavon Bridge) (Temporary Vehicle Weight Restriction) (No. 2) Order 2024

Disclaimer

This documentis a point in timeassessment of the likely effects of The M90/A90 Edinburgh – Fraserburgh (Finavon Bridge) (Temporary Vehicle Weight Restriction) (No. 2) 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

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 proposal is an order with the title “The M90/A90 (Finavon Bridge) (Temporary Vehicle Weight Restriction) (No. 2) Order 2024” This order allows temporary vehicular weight restriction to be placed on the use of the lengths of trunk road specified in the schedule of the order for a period beginning as soon as possible until 31st December 2027. The order affects a short section of the A90 at Finavon Bridge as set out in the order. The restriction will come into effect where roadworks are required or are proposed on the stretch of road as detailed in the schedule, and where the relevant traffic signs specified in the order are displayed. This order will not prevent pedestrians or emergency vehicles from using those lengths of roads at any time. Roadworks which will be required are limited to bridge repairs and inspection works. These works are required to protect the public and prevent damage to the existing structure.

Start date of proposal’s development: 01/09/024

Start date of CRWIA process: 01/09/2024

  1. 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).

As this order is specifically in relation to a vehicular weight restriction only and does not otherwise impact the carriageway or its use, there is no potential to 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. Additionally, regard has been given to provide a suitable diversion route to vehicles impacted by this restriction which will affect only high tonnage vehicles above 44 tonnes. Given this specific element contained within the schedule, access to any buildings or facilities would not be impacted and any diversion would not restrict or limit any child or young person’s ability to access any building or facility

  1. 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). N/A

From:

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

Not Applicable

  1. 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

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

Not Applicable

  1. 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

  1. 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 (Annex 1)

Applicable answer(s): No Impact

  1. 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).

Not Applicable

  1. 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).

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

Action Taken/ To Be Taken

Date action to be taken or was taken

  1. 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: Not Applicable

If yes, please provide and explanation below:

  1. 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

  1. 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?

Ongoing consideration will be given as to whether the proposed restriction has the potential to impact children and young people.

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

Policy Lead Signature & Date of Sign Off: Iain Ferguson 24.09.2024

Deputy Director Signature & Date of Sign Off: H GILLES - 28/11/2024

Date CRWIA team first contacted: 25/09/2024


Start date 6 Dec 2024 End date 31 Dec 2027 Status Region Mode of transport