Chamber and committees

The clearing of unexploded ordnance is an operational matter for Police Scotland.

Scottish Government are, however, concerned with the environmental impact from such activities, via the consideration of licensing applications for ordnance removal and contribution to wider UK government policy on the matter.

Marine Directorate – Licensing Operations Team (MD-LOT) is the regulator responsible for determining marine licence applications on behalf of the Scottish Ministers in the Scottish inshore and offshore regions. Marine licences are required for licensable marine activities which include removal of any substance or object from the Scottish Marine Area and deposit and use of explosives, typically used in the clearance of unexploded ordnance.

In determining applications for marine licences, MD-LOT on behalf of the Scottish Ministers must have regard to protecting the environment, human health and legitimate uses of the sea. MD-LOT consult with a range of stakeholders including NatureScot, as the Statutory Nature Conservation Body, and seek views to inform determinations.

The Marine Directorate (formally Marine Scotland) was also involved in the development of the UK government’s 2022 policy paper “Marine environment: unexploded ordnance clearance joint interim position statement”. This sets out a coordinated position between marine regulators and key stakeholders across the UK regarding the use of lower noise alternatives to high order detonation of unexploded ordnance within the marine environment.

MD-LOT involvement in the clearance of unexploded ordnance is limited to the assessment of licence applications as set out above. There is no involvement from MD-LOT on the clearance of unexploded wartime military ordnance in Scotland's waters.

This is a matter for Network Rail who are wholly owned subsidiary of the UK Government.

Decisions on applications made under sections 36 and 37 of the Electricity Act 1989 are made by the Scottish Ministers. All information relating to applications to build, operate or modify onshore electricity generating stations with capacities exceeding 50 megawatts, as well as all applications to install overhead power lines, large oil and gas pipelines, and associated infrastructure, are published and searchable on our Energy Consents website, at https://www.energyconsents.scot/.

Organised crime groups look to identify any opportunity to increase their wealth and the railway network is not immune from this threat. While it is for rail networks and British Transport Police to ensure that measures are in place to safeguard depots and the wider infrastructure, partners on the Serious Organised Crime Taskforce continue to work together through the Multi Agency Tasking and Delivery Board, based at the Scottish Crime Campus, to take measures to disrupt this illegal activity.

Transport Scotland conducts machine-based surveys using specialist vehicles each year to gather information on the surface integrity of the road; the friction characteristics of the surface; and the structural capacity (strength) of the underlying road construction. The data obtained provides an annual snapshot of the road condition across the network and is used to determine a Road Condition Index for each section of road. The Index values can then be used to identify where detailed engineering investigations should be focused in order to determine maintenance requirements.

The proportion of the A90 that has been assessed as requiring further preliminary investigation to determine whether structural maintenance is required has varied over the last 5 years as follows:

2019-20 – 13%; 2020/21 – 10%; 2021-22 – 9%; 2022-23 – 10%; 2023-24 – 18%

The mainline of the A90 trunk road has been closed to facilitate road maintenance on 12 occasions over the following 5 full financial years:

2019-20 - 0

2020-21 - 2

2021-22 - 0

2022-23 - 5

2023-24 - 5

These closures took place overnight and averaged 13.5 hours per night in duration.

Additionally, there has been 53 slip road closures on the A90 trunk road over the same period. These overnight closures averaged 12.5 hours in duration. During these closures the mainline A90 remained open.

The Scottish Government does not provide legal advice on any matter.

I refer the member to the answer to question S6W-33187 on 23 January 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.

Transport Scotland’s trunk road maintenance budget is not allocated on a route or part-route basis. It is distributed based upon need and prioritisation of schemes developed from regular inspections and condition surveys.

Current best practice for the management of large infrastructure networks is set out in the international standard for the management of assets ISO 55001, which requires organisations to adopt a formal asset management approach. Transport Scotland is the first UK trunk road authority to reach this standard demonstrating that public funds are being spent in the most efficient and effective manner.

We have developed and implemented a formal value management process for roads structural maintenance schemes for assessing the benefits of undertaking maintenance and the associated risks of not undertaking maintenance. Each scheme in the one-year maintenance programme is scored against a range of criteria:

a. Safety – to maintain a safe network and assess the level of risk to the road user. Those schemes that are safety critical or have a high level of risk will have the highest priority scoring.

b. Journey Time Reliability – to assess the level of risk to the service, e.g. route availability.

c. Environment and Sustainability – to assess the impact of a scheme on the environment, noise reduction, carbon factor, recycling and sustainability.

d. Value for Money – to consider the economic efficiency of the scheme and seek to minimise the whole life costs (i.e. invest now to deliver savings later).

The scores are used to determine which schemes should remain in the current year and which can be deferred until the following year. This ensures that those parts of the network with the greatest need are addressed and that the available funds are allocated in a fair, objective and transparent manner.

The prioritisation of bridges and structures maintenance follows as similar process with a Value Management Risk Approach using the following four criteria:

a. Safety – the overall effects on the end user, including fatalities and injuries that would be caused by a failure.

b. Functionality – the impact of a loss or reduction in service. This may be considered at route, structure or component level.

c. Environment – Environmental impacts, such as pollution caused through traffic delay, the sensitivity of the route/area, etc.

d. Sustainability – of both expenditure and workload, where the aim is to reach a state of steady expenditure and workload, avoiding the build-up of a backlog of unavoidable, essential work by doing effective, targeted preventative maintenance.

The tool includes work identified from inspections, structural capacity assessments, “At-Risk” supports, sub-standard parapets, flood risk, scour risk, environment and local factors for all structure types. It does not yet include other risk programmes, such as hidden defects or safety-critical fixings.

The A90 is a trunk road with considerable history having been periodically improved over the last 60 years to its current alignment and arrangement. The various improvements will have been designed in accordance with design standards that were in force at that time. As standards evolve they are not retrospectively applied to existing sections of road, unless changes or improvements at a given location are considered necessary.