The A85 Trunk Road (Oban) (Temporary Prohibition on Use of Road) (No .4) 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 Tyndrum – Oban Trunk Road from its junction with Queens Park Place, Oban in a general northerly direction along George Street to its junction with Corran Esplanade then in a general northerly direction along Corran Esplanade and thereafter north easterly direction to Dunollie Road at its junction with the access towards Corran Halls, a distance of 680 metres or thereby.
The Order, which is required to facilitate the holding of the Oban Royal National Mod Torchlit Procession will be in operation for 1 day on the 11th October until 12th October 2024. It is anticipated that the restrictions will be in place for a short period from 18:30 hours 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 is not required.
For information about roadworks on motorways and trunk roads visit the Traffic Scotland website.
H GILLIES
A member of the staff of the Scottish Ministers
Transport Scotland
George House
36 North Hanover Street
Glasgow
G1 2AD
Child Rights and Wellbeing Impact Assessment (CRWIA) for [The A85 Trunk Road (Oban) (Temporary Prohibition on Use of Road) (No. 4) Order 2024.]
Please note, the CRWIA should be started as soon as possible in the development process for the proposal. For further advice and support, please read the CRWIA and SoC guidance, attend CRWIA training and contact the CRWIA team CRWIA@gov.scot.
Disclaimer
This documentis a point in timeassessment of the likely effects of [The A85 Trunk Road (Oban) (Temporary Prohibition on Use of Road) (No. 4) Order 2024.] on the rights and wellbeing of children and young people. This impact assessment should be read in conjunction with parliamentary/strategic decision-making process prepared for this proposal.
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 Tyndrum - Oban Trunk Road (Temporary Prohibition on Use of Road) Order 2024”. This order allows part of the A85 trunk road to be closed for a period of time on 11th October 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 closure of this part of the A85 is to facilitate the safety of participants and viewers of the Oban Royal National Mod Torchlit Procession which will happen at the start of the event.
Start date of proposal’s development: 13/08/2024
Start date of CRWIA process: 13/08/2024
- With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 202) 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 this is for a short period of time on a weekend. 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 1 hour. Therefore positively impacting article 6.
- 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:
- St Johns Scottish Episcopal Cathedral
- St Columbus Cathedral
- Corran Esplanade Church
- Congregational Church
- Oban Youth Café
- Rainbow Childcare Oban
- 1st Argyll (Lorn) Scout Group
- Oban High School Air Cadets and Sea Cadets.
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. Additionally, the event is taking place for a short time at night when most of these facilities are closed. Therefore, this order is not relevant to any restrictions to articles 14, 24, 28 or 31. Local access routes remain open and a short diversion around the closure is available, the event is well publicised, the event is taking place for a short period of time. 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 ten 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.
- 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).
N/A
- 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.
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)
N/A
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 (Annex 1)
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, St Johns Scottish Episcopal Cathedral, St Columbus Cathedral, Corran Esplanade Church, Congregational Church, Oban Youth Café, Rainbow Childcare Oban, 1st Argyll (Lorn) Scout Group, Oban High School Air Cadets and Sea Cadets. 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 time 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
N/A
Action Taken/To Be Taken
N/A
Date action to be taken or was taken
N/A
- 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 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 08/10/2024
Deputy Director Signature & Date of Sign Off: H. Gillies – 09/10/2024
Date CRWIA team first contacted: 20/09/2024
UN Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 Compatibility Consideration and Narration of Statement of Compatibility
The Scottish Ministers have made the following statement regarding children’s rights.
“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 (Oban) (Temporary Prohibition on Use of Road) (No. 4) Order 2024 is compatible with the UNCRC requirements as defined by section 1(2) of the Act.”