The Scottish Road Works Commissioner is an independent public official established under section 16 of the Transport (Scotland) Act 2005 and is accountable to the Scottish Ministers and ultimately the Scottish Parliament.
The Commissioner's aim is to improve the planning, co-ordination and quality of road works throughout Scotland.
The Commissioner will monitor performance, along with promoting and encouraging good practice across both utility companies and roads authorities. He also has the power to impose financial penalties on roads authorities who systematically fail in their duty to co-ordinate and on utility companies who systematically fail to cooperate when undertaking road works.
The Office of the Scottish Road Works Commissioner will try whenever possible and where appropriate to provide advice and guidance to the Scottish road works community and the public on matters related to the management of road works in Scotland. However, the interpretation of legislation is a matter for Scottish Courts and organisations or individuals requiring such interpretation should, of course, seek their own legal advice.
The title of Scottish Road Works Commissioner can lead people to assume that the Commissioner is directly responsible for the works being undertaken in roads on Scotland. This is not the case. Responsibilities for the day to day management and co-ordination of works undertaken on roads remain unchanged.
The following sets out where the responsibilities for particular aspects of road works lie:
The roads authorities retain responsibility for the co-ordination of all road works for which they are responsible;
The reinstatement of road surfaces remains the responsibility of the party undertaking the works. Roads authorities have powers to inspect works to ensure that utility companies are meeting their obligations;
The traffic management at road works (cones, signs and barriers) remains the responsibility of the party undertaking the works; and
Any decisions related to the repair and maintenance of a road remains with the roads authority.