Scottish Government

DRAFT

New Roads and Street Works Act 1991
Roads (Scotland) Act 1984 as amended by Transport (Scotland) Act 2005
Code of Practice for Penalties

Contents

FOREWORD
APPLICATION
The Scottish Road Works Commissioner
The New Roads and Street Works Act 1991
Roads (Scotland) Act 1984
Commencement
C1 INTRODUCTION
1.1 Overview
1.2 Scottish Road Works Register
1.3 New Roads and Street Works Act 1991
1.4 Roads (Scotland) Act 1984
C2 THE SCOTTISH ROAD WORKS COMMISSIONER
2.1 Legislation
2.2 Penalties
2.3 Information acquired by Commissioner
2.4 Compliance with S118 of NRSWA
2.5 Compliance with S119 of NRSWA
2.6 Investigations by Commissioner
2.7 No evidence of Non-Compliance
2.8 Evidence of Non-Compliance
2.9 Procedure for Implementation
2.10 Appeals against the Commissioner
C3 THE FIXED PENALTY NOTICE SCHEME
2.1 An Overview
3.2 Money Received from Fixed Penalties
C4 FIXED PENALTY NOTICES NRSWA
4.1 Legislative Powers Applicable to NRSWA 1991
4.2 Retrospective Registrations and Fixed Penalties
4.3 Fixed Penalty Offences under Part IV of NRSWA (see APPENDIX F)
C5 FIXED PENALTY NOTICES ROADS (SCOTLAND) ACT 1984
5.1 Legislative Powers Applicable to R(S)A 1984
5.2 R(S)A Fixed Penalty Offences. Action by Roads Authority
5.3 Fixed Penalty Offences under R(S)A 1984 (see APPENDIX F)
5.4 Building Materials, Staging or Scaffolding
5.4.1 Legislation
5.4.2 Fixed Penalty Offences and Notices under R(S)A
5.5 Builders' Skips
5.5.1 Legislation
5.5.2 Fixed Penalty Offences and Notices under R(S)A
5.6 Matters Related to all R(S)AFPNs.
5.6.1 Exemptions
5.6.2 Extending the Period for Payment
5.6.3 Removing or Repositioning of Builders' Skips Causing Danger or Obstruction
C6 FIXED PENALTY NOTICE
6.1 General
6.1.1 The Fixed Penalty Notice
6.1.2 Serving the Fixed Penalty Notice
6.1.3 Contents of and Evidence for FPN
6.1.4 Payment of the Fixed Penalty Notice (see Appendices A and C)
6.1.5 Representations and Hearings
6.1.6 Further Action where Fixed Penalties are Unpaid
6.1.7 Record of Fixed Penalty Process on SRWR
APPENDIX A - NRSWA FIXED PENALTY NOTICE
APPENDIX B - NOTICE WITHDRAWING FIXED PENALTY NOTICE
APPENDIX C - R(S)A FIXED PENALTY NOTICE
APPENDIX D - NOTICE WITHDRAWING FIXED PENALTY NOTICE
APPENDIX E - COMMISSIONER IMPOSITION OF PENALTIES
APPENDIX F - RWA IDENTIFICATION OF FPN PROCESS FOR NRSWA
APPENDIX G - RA IDENTIFICATION OF FPN PROCESS FOR R(S)A
APPENDIX H - RWA ISSUING FPNNRSWA AND R(S)A PROCESS