Office of Public Sector Information
Clauses 102 to 159 make provisions for Scotland similar to those for England and Wales under Part III. The provisions closely follow those for England and Wales, save for differences relating to legal procedures and for differences in terminology, to correspond to that of the Roads (Scotland) Act 1984. A minor difference appears in clause 104, which allows such non-statutory undertakers as are prescribed to be given permission by the roads works authority to execute road works as an alternative to permission granted under the Roads (Scotland) Act 1984. In England and Wales, all non-statutory undertakers are covered by the street works licence procedures in clause 46 and Schedule 3.
Schedules 6 and 7 make similar provision for Scotland to Schedules 4 and 5 for England and Wales.
Clauses 160 to 165 relate to the Bill as a whole. Clause 160 contains a standard provision about offences by bodies corporate or Scottish partnerships, and clause 161 applies certain provisions to the Crown. Clause 162 introduces Schedule 8 (minor and consequential amendments) and Schedule 9 (repeals). Clause 163 deals with the territorial extent of different parts of the Bill. Clause 164 contains provisions for commencement, and clause 165 the short title.
Financial Effects of the Bill
Parts I and II of the Bill are essentially about private financial investment in roads. In so far as this involves public expenditure, in the holding of competitions, the negotiation of concession agreements etc. these provisions are unlikely to involve additional public expenditure as compared with the Local or Hybrid Bill procedures which would otherwise be used.
The effects of Parts III and IV of the Bill will be to redistribute some costs between undertakers of street works and highway authorities, and to enable improvements in efficiency which will reduce the overall cost of street works activity, though the establishment of the new procedures will initially impose some costs on both highway authorities and undertakers. Costs may be incurred by Central Government in setting up a central register of street works; they will subsequently be recouped out of fees.
Effects on Public Service Manpower
The new procedures in Parts I and II of the Bill will have little or no effect on public service manpower as compared to the procedures they replace.
As to Parts III and IV, since local authorities will no longer be able to carry out reinstatement as of right, some overall reduction in their direct labour staff may result.
New Roads and Street Works Act 1991