The A85 Trunk Road (Comrie) (Temporary Prohibition on Use of Road) (No. 5) 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 A85 Perth – Lochearnhead Trunk Road from a point at its junction with Melville Square, Comrie eastwards along Drummond Street, to its unclassified access junction with Laggan Park, Comrie a distance of 540 metres or thereby.
The Order, which is required to facilitate the Comrie Pipe Band Bonfire Parade 2024 and to enable members of the public to watch and participate in this event, will be in operation from 8th November until 9th November 2024. It is anticipated that the restrictions will be in force for a period of up to 20 minutes 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
The alternative routes for traffic during the prohibition will be signposted. Detailed descriptions can also be obtained at BEAR Scotland, BEAR House, Inveralmond Road, Inveralmond Industrial Estate, Perth, PH1 3TW.
For information about roadworks on motorways and trunk roads visit the Traffic Scotland website.
A member of the staff of the Scottish Ministers
Transport Scotland
George House
Glasgow
G1 2AD
Statement of Compatibility
Statement Declaration
For SSIs
In accordance with section 23(2) of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (the Act), the Scottish Ministers certify that, in their view, the A85 Trunk Road (Comrie) (Temporary Prohibition on Use of Road) (No. 5) Order 2024 is compatible with the UNCRC requirements.
Child Rights and Wellbeing Impact Assessment
For further information please read the related child rights and wellbeing impact assessment, which can be found, on legislation.gov.uk at the same location as this statement of compatibility.
Child Rights and Wellbeing Impact Assessment (CRWIA) for [The A85 Trunk Road (Comrie) (Temporary Prohibition on Use of Road) (No. 5) Order 2024
Disclaimer
This documentis a point in timeassessment of the likely effects of The A85 Trunk Road (Comrie) (Temporary Prohibition on Use of Road) (No. 5) Order 2024on 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
(Please choose from either Bill, SSI or Decision of a strategic nature relating to the rights and wellbeing of children)
Applicable answer: SSI
Name the proposal, and describe its overall aims and intended purpose.
The proposal is an order with the title “[The A85 Trunk Road (Comrie) (Temporary Prohibition on Use of Road) (No. 5) Order 2024.]”. This order allows part of the A85 trunk road to be closed for a period of time on 8th November 2024 when the type of traffic sign specified in the order is displayed (and see the schedule of the order for the specific length of road to be closed). This means that no person may use, or authorise the use of, any vehicle on that specific length of road during that period. The only exceptions are for emergency vehicles and vehicles involved in holding the relevant event. The order will not prevent pedestrians from using that length of road at any time. The closure of this part of the A85 is to facilitate the safety of participants and viewers of the Comrie Pipe Band Bonfire Parade.
Start date of proposal’s development: 04/10/2024
Start date of CRWIA process: 04/10/2024
- 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 closure of this section of road there will be no impact on children and young people’s ability to access school and/or childcare facilities, higher or further education institutions, hospitals, places used for recreational activity, and places of worship as all local access routes around the closure will remain open. The closure is to maintain safety for the public parade. Access for all emergency services will be maintained at all times. The only aspect relevant to children and young people both directly and in-directly is the positive impact of protecting public safety by restricting use of this section of the carriageway for a period of 20 minutes. Therefore, positively impacting article 6.
There was the potential for freedom of expression, freedom of association and right to leisure, play and culture, however these rights are impacted as a result of the event taking place in itself and is therefore outside the scope of this CRWIA. The road closure merely allows for the safe running of the event so this was also ruled out again with article 6 being the only potential impact identified.
- 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 while the following facilities have the potential to be impacted with them being close to the stretch of road affected by the order, there are no issues or restrictions to access them as a result of the closure:
- Comrie Parish Church
- Comrie Community Centre
- Emilys Wild Adventures
- Comrie Rural Hall
- St Margarets Catholic Church
- St Serfs Church
- Comrie Skatepark
- Comrie Golf Club
- Comrie Primary School
None of these facilities are directly accessed from within this section of road and all local access routes remain open, pedestrians are still able to access all venues by foot. Therefore, this order is not relevant to any restrictions to articles 14, 24, 28 or 31. Local access routes remain open, the event is well publicised, the event is taking place for a short period of time at night. Additionally, pedestrians are still able to access all venues by foot.
To ensure the safe running of this event, parts of the A85 road closed for twenty minutes. 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.
Statistics show a decrease in the number of road traffic incidents in recent years and while we know that this looks a much broader range of incidents than those cause what this order looks to impact alone, contributing to the reduction of road traffic incidents through this order and many like it will have a positive impact on children’s right to life, survival and development.
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).
Mapping evidences showed that no facilities would have reduced access as a result of this order so allowed us to rule out impact to articles associated with this such as articles 14, 24, 28 and 31.
The statistics and 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)
Not applicable
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): 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).
Mapping routes show that the following facilities are not impacted to be accessed by children and young people or their families, carers, representatives etc.as a result of the closure, Comrie Parish Church, Comrie Community Centre, Emilys Wild Adventures, Comrie Rural Hall, St Margarets Catholic Church, St Serfs Church, Comrie Skatepark, Comrie Golf Club and Comrie Primary School. Therefore, there is no relevance to their rights as set out in the UNCRC Act. Local access routes remain open, the event is well publicised, the event is taking place for a short time at night when most of these facilities are closed and pedestrians are still able to access all venues by foot.
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
Not applicable
Action Taken/ To Be Taken
Not applicable
Date action to be taken or was taken
Not applicable
- 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).
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 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
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: Ian Woodcock - 15/10/2024
Deputy Director Signature & Date of Sign Off: Stuart Wilson – 01/11/2024
Date CRWIA team first contacted: 21/10/2024