The A82 Trunk Road (North Ballachulish) (Temporary Prohibition of Use on Road) Order 2024
The Scottish Ministers give notice that they have made the above Order under sections 2(1) and (2), 4(1) and 16A of the Road Traffic Regulation Act 1984, which will have the effect of temporarily prohibiting vehicles on that length of the A82 Dalnottar – Inverness Trunk Road from its junction with the B863, North Ballachulish in a generally southerly direction across Ballachulish Bridge to its junction with unclassified road 400 metres or thereby north of Ballachulish Roundabout, a distance of 1 kilometre or thereby.
The Order, which is required to facilitate filming activities will be in operation from 19th October until the 21st October 2024. It is anticipated that the restrictions on the Trunk Road will only be in operation for short periods during this time and will only have effect in relation to such part or parts of the length of road as is indicated by the appropriate traffic signs.
The Order does not apply to vehicles while being used in an emergency for fire brigade, ambulance, police or coastguard purposes or a vehicle being used for facilitating the holding of the relevant event.
Alternative routes
An alternative route for traffic during the prohibition is not required.
For information about roadworks on motorways and trunk roads visit Traffic Scotland.
A member of the staff of the Scottish Ministers
Transport Scotland
George House
Glasgow
G1 2AD
Child Rights and Wellbeing Impact Assessment (CRWIA) for The A82 Trunk Road (North Ballachulish) (Temporary Prohibition on Use of Road) Order 2024
Disclaimer
This documentis a point in timeassessment of the likely effects of The A82 Trunk Road (North Ballachulish) (Temporary Prohibition on Use of Road) Order 2024) on the rights and wellbeing of children and young people.
Scottish Government acknowledge the importance of monitoring and evaluating the impact of strategic decisions and legislation on children’s rights and wellbeing. Any information gathered during implementation of the legislation or strategic decision to which the impact assessment relates, will be used to inform future determinations of impact. Any new strategic decision or new legislation (including amending legislation) would be subject to a new CRWIA in line with the legislative requirements.
Introduction
- Brief Summary (Guidance Section 3.2, page 20).
Type of proposal: SSI
Name the proposal, and describe its overall aims and intended purpose.
Key Term Definitions
Prohibition – to officially and legally not allow something.
Authorise – to give official permission for something to happen, or to give someone official permission to do something
The proposal is an order with the title “The A82 Trunk Road (North Ballachulish) (Temporary Prohibition on Use of Road) Order 2024”, which temporarily prohibits use of part of the A82 Dalnottar – Inverness Trunk Road (see the schedule to the order for the full description of the length of road to be closed) over the duration of 2 days. The prohibitions and restrictions provided by the order would come into effect where the relevant traffic signs specified in the order are displayed.
This means that no person may use or authorise the use of any vehicle on that specific length of road. The only exception being for emergency vehicles and those within the filming activities. The order will not prevent pedestrians from using that length of road at any time. The closure of this section of the A82 is to facilitate the safety of participants and public safety for filming activities. Transport Scotland have agreed that the closures will be for short periods of up to 3 minutes at a time throughout the day and will only last for 1 day.
Start date of proposal’s development: 05/09/2024
Start date of CRWIA process: 05/09/2024
- With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024, which aspects of the proposal are relevant to children’s rights? (Guidance Section 3.2, pages 20-22).
During the development of this order, the operating company responsible for the road closure has assessed whether the temporary prohibitions allowed by this order will negatively impact on children and young people’s ability to access buildings such as schools and/ or childcare facilities, higher or further education institutions, hospitals, places used for recreational activity, and places of worship. We intend to keep any such impacts to an absolute minimum and avoid them where possible. There is the potential for access to a number of venues, facilities and buildings used by children and young people to be affected. Therefore, there is the potential for the order to impact, right to health and health services (article 24), right to leisure play and culture (article 31), and freedom of thought, belief and religion (article 14). The impact and mitigating actions we will plan into the order will be outlined in question 9 of this assessment. Children and young people’s right to education (article 28) had the potential to be impact upon due to schools being near the stretch of road, however as the closure is happening on a weekend when schools are closed, this was able to be ruled out as having a potential impact.
To ensure the safe running of this filming, the parts of the road described in question 1 will be closed for 3 minute periods. Therefore, when reviewing all UNCRC requirements, we consider that article 6 (right to life, survival and development) has the potential to be positively impacted by the closure of the stretch of road by protecting public safety by restricting use of this section of the carriageway.
- Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal. (Guidance Section 3.2, pages 22-25).
From:
- existing research/reports/policy expertise
- consultation/feedback from stakeholders
- consultation/feedback directly from children and young people
Mapping routes show that the following facilities (St Bride’s Primary School, St John’s Scottish Episcopalian Church and Nether Lochaber Parish Church). are near this stretch of road however are not unduly impacted to be accessed by children and young people or their families, carers, representatives etc. as a result of the closure because local access routes remain open, the filming activities will be carried out under very short all stop phases of around 3 minutes at any one time at the weekend, and all facilities are still able to be accessed by foot and by those with mobility issues.
With UNICEF reporting in their child and adolescent road safety technical guidance that ‘road traffic injuries are the leading cause of death for children and adolescents aged 5–19 years’ we look to reduce chances of this in Scotland by contributing to the improvement of road safety.
- Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed (Guidance Section 3.2, page 26).
Not Applicable
- Analysis of Evidence (Guidance Section 3.2, page 26).
Evidence gathered from our mapping research told us that vehicular access to St St John’s Scottish Episcopalian Church and Nether Lochaber Parish Church by vehicle could be impacted but only for three minutes at a time at the weekend. As access is not unduly restricted to the facilities identified near the stretch of road in question 3, which may still be accessed by foot and by those with mobility issues.
There is no potential impact on articles 14, or 28. As no healthcare facilities or places which may be used by children and young people for recreational activity have been identified near this stretch of road, this order has been assessed not being relevant to any potential impacts of this order which rule out articles 24 and 31. To ensure the safe running of this filming, the parts of the road described in question 1 will be closed for 3 minute periods for the amount of time outlined in question 1. Therefore, when reviewing all UNCRC requirements, the only article this order relates to is article 6, which should be positively impacted by the closure of the stretch of road.
The road safety technical guidance mentioned above demonstrate the risk children and young people in particular face in relation to road safety. As this is an A road, not closing this road was identified to have potentially dangerous consequences and therefore has the potential to have an increased risk for children and young people. Therefore the evidence allowed us to conclude the positive impact closing the road would have on article 6.
- What changes (if any) have been made to the proposal as a result of this assessment? (Guidance Section 3.2, page 26)
Pedestrian access will be available which takes into account those with mobility issues.
Conclusion
- As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children’s rights? (Guidance Section 3.2, pages 26-27):
(Please choose from positive, negative, neutral or no impact, Please note you can have both a positive and negative impact on children’s rights.)
Children’s Rights
Applicable answer(s): Negative and Positive
- If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland. (Guidance Section 3.2, pages 27-28).
As this is an A road, not closing this road was identified to have potentially dangerous consequences and therefore has the potential to have an increased risk for children and young people. Therefore there was the positive impact closing the road would have on article 6 was identified.
- If a negative impact has been identified please describe below. Is there a risk this could potentially amount to an incompatibility? (Guidance Section 3.2, pages 28-29).
Mitigation Record
What options have been considered to modify the proposal in order to mitigate negative impact or potential incompatibility issues?
Please summarise mitigation actions taken below
Issue or risk Identified per article/Optional Protocol
Access issues to facilities around that stretch of road throughout filming
Potentially more difficulty for those with mobility issues
Action Taken/To Be Taken
Filming for 3 minute intervals for one day to allow access.
Ensuring access routes by foot are still open and that these routes are accessible for those requiring wheelchair access.
Date action to be taken or was taken
Built into planning for the order prior to it coming into force.
- As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland? (Guidance Section 3.2, pages 29-30).
(Please choose from yes, no or not applicable)
Applicable answer: Yes
If yes, please provide and explanation below:
Safe
As this is an A road, not closing this road was identified to have potentially dangerous consequences and therefore has the potential to have an increased risk for children and young people. Therefore it is determined there would be a positive contribution to the safe wellbeing indicator.
- How will you communicate to children and young people the impact that the proposal will have on their rights? (Guidance Section 3.2, page 31)
The CRWIA will be published and has been written in accessible language so as to allow for children and young people to understand its content and the potential impact (or no impact) on their rights.
Post Assessment Review and sign-off
- Planning for the review of impact on children’s rights and wellbeing (Guidance Section 3.2, pages 31).
As part of the decision-making process, plans for reviewing the impact on children’s rights and wellbeing need to be developed.
- How will the impact of the proposal on children’s rights and wellbeing be monitored?
- When will you review and update the CRWIA if required?
Due regard will be given as to the development of any new facilities surrounding the closure area which has the potential to impact children and young people.
- Sign off (Guidance Section 3.2, pages 31-32).
Policy Lead Signature & Date of Sign Off: David Devine, Area Manager / 18 September 2024
Deputy Director Signature & Date of Sign Off: George Fiddes 11 October 2024
Date CRWIA team first contacted: 5 September 2024
Confirmation of engagement with SGLD: 10 October 2024