Question reference: S6W-26238
- Date lodged: 18 March 2024
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Current status: Answered by Fiona Hyslop on 26 March 2024
Question
To ask the Scottish Government whether it will increase (a) enforcement action and (b) maximum fines to be levied on any road works authorities and undertakers that fail to reinstate street surfaces and associated streetscape to the original standard within the six-month statutory requirement, particularly in cases that scar or damage high-quality municipal public realm surfaces, such as granite paving.
Answer
In 2019 the Scottish Government instituted a period of legal reform for the framework underpinning Scottish road works, expanding and strengthening the range of existing powers roads authorities have.
Since 2023 Scottish Ministers have taken action on enforcement powers, through empowering roads authorities by endorsing a new Code of Practice for reinstatement, which introduced a UK leading six year guarantee for utility works. We have committed to a review of road works Fixed Penalty Notices (the fines to be levied), due to start in 2024.
Authorities already have an existing power to undertake any outstanding work directly and recharge all costs, should the utility fail to act. These are all discretionary powers, and it is for each roads authority to determine whether it is appropriate to use those powers in each situation.