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(a) a road works authority has failed to comply with duties imposed on them by section 118 of the 1991 Act (general duty of road works authority to co-ordinate works)[4]; or

(b) an undertaker has failed to comply with duties imposed on them by section 119 of the 1991 Act (general duty of undertakers to co-operate)[5],

the Commissioner may impose a penalty on the road works authority or the undertaker, as the case may be.

Level of penalties
     4. —(1) Subject to paragraph (2), a penalty imposed under regulation 3 shall be of such amount as the Commissioner thinks appropriate in all the circumstances of the case.

    (2) The amount of a penalty mentioned in paragraph (1) above shall not exceed £50,000.

Payment of penalties
     5. —(1) Subject to paragraph (2), any penalty imposed under regulation 3 shall be payable to the Scottish Ministers, within 36 days of its imposition.

    (2) Where a road works authority or, as the case may be, an undertaker, appeals under regulation 8, against the imposition of a penalty, the 36 day period for payment shall be suspended from the day on which the appeal is lodged until the day on which the appeal is determined.

Notification of penalties
     6. —(1) Where a penalty has been imposed under regulation 3, the Commissioner shall give notice in writing to the chief executive officer of that road works authority or undertaker, as the case may be.

    (2) Written notice given under paragraph (1) shall include the following information–

(a) a note of the facts the Commissioner has considered in imposing the penalty;

(b) the amount of the penalty;

(c) where the penalty may be paid;

(d) the methods by which the penalty may be paid; and

(e) the date, being 36 days from the imposition of the penalty, by which it must be paid.

Enforcement of penalties
     7. Where a penalty imposed under regulation 3 remains unpaid after 36 days from its imposition it shall be enforceable in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff for any sheriffdom.

Appeals
     8. —(1) A road works authority or an undertaker on whom a penalty has been imposed under regulation 3 may appeal to the sheriff against the imposition of the penalty by the Commissioner.

    (2) An appeal to the sheriff under this regulation shall be by way of summary application.

    (3) The period within which an appeal under this regulation may be brought shall be 28 days from the date on which written notice in terms of regulation 6 was served on the road works authority or undertaker as the case may be.

    (4) The sheriff may–

(a) dismiss the appeal;

(b) allow the appeal and quash the imposition of a penalty;

(c) substitute for the level of penalty imposed by the Commissioner a different level of penalty not exceeding £50,000; or

(d) remit the case to the Commissioner to dispose of the case in accordance with the directions of the court.

    (5) Any party to an appeal to the sheriff under this regulation may appeal on a point of law from the decision of the sheriff to the sheriff principal within 21 days from the date of that decision.


STEWART STEVENSON
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
3rd September 2007

[2] Section 163A was inserted by section 39 of the 2005 Act.back

[3] See reference to the Scottish Road Works Commissioner in section 112A(1) of the 1991 Act. Section 112A was inserted by section 19 of the 2005 Act.back

[4] Section 118 was amended by section 23 of the 2005 Act.back

[5] Section 119 was amended by section 24 of the 2005 Act.back

 © Crown copyright 2007