Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Transport (Scotland) Act 2001

Type Act of the Scottish Parliament

Publication 2001-01-25

Last updated 2025-10-27

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part — Joint transport strategies

Charging schemes to be made, varied and revoked by order

1

(1) The Scottish Ministers may by order require such public bodies as may be specified in the order to prepare, and submit to them, jointly a strategy—

(a) dealing with such matters; and

(b) for such purposes,

as may be so specified in relation to the discharge of the functions of those bodies relating to transport.

(2) Before making an order under this section the Scottish Ministers shall consult—

(a) the public bodies in respect of which they propose to make the order; and

(b) such other persons as they consider appropriate.

(3) An order under this section may include such provision as respects—

(a) the form of the strategy to which it relates;

(b) the environmental, social and economic impact of the strategy, and any other matters to which the public bodies are required to have regard in the preparation of the strategy;

(d) the time within which it is to be submitted,

as the Scottish Ministers consider necessary or expedient.

(4) An order under this section shall include provision requiring the public bodies to which it relates to consult such persons as may be specified in the order.

(5) Where an order is made under this section, the public bodies to which it relates may consult such other persons as those bodies consider appropriate about the proposed strategy.

Directions

2

(1) Where an order is made under section 1 of this Act and—

(a) no strategy is—

(i) prepared; or

(ii) submitted,

as required by that order; or

(b) there are, in the opinion of the Scottish Ministers, other exceptional circumstances,

the Scottish Ministers may give such directions to any public body specified in the order as they think fit.

(2) Before giving directions to a public body under subsection (1)(b) above the Scottish Ministers shall consult—

(a) that public body; and

(b) such other persons as they consider appropriate.

(3) A direction under this section shall be given in writing and may be varied or revoked by the Scottish Ministers.

(4) This section is without prejudice to section 211 of the Local Government (Scotland) Act 1973 (c.65) (powers of Scottish Ministers on complaint that local authority have failed to perform requirement imposed by or under enactment).

Part — Bus services

Quality partnership schemes

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Regulations as respects specifying existing facilities in quality partnership schemes

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Consultation as to proposed quality partnership scheme

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Making of quality partnership scheme

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Postponement of quality partnership scheme

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Effect of quality partnership scheme

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Variation or revocation of quality partnership scheme

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Reports on quality partnership schemes

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Regulations as respects quality partnership schemes

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Eligibility for service subsidies

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Quality contract schemes

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Proposed quality contract scheme

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Consultation as to proposed quality contract scheme

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Approval of proposed quality contract scheme

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Making of quality contract scheme

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Tendering for quality contracts

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Exceptions from section 18(1)

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Commencement of quality contract scheme

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Postponement of quality contract scheme

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Effect of quality contract scheme

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Variation or revocation of quality contract scheme

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Reports on quality contract schemes

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Non-implementation of quality contract scheme

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Regulations as respects quality contract schemes

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Transitional provision as respects quality contract schemes

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Ticketing arrangements and ticketing schemes

Ticketing arrangements

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(1) Each local transport authority shall from time to time determine what ticketing arrangements should be made available for their area (in this section referred to as the “required ticketing arrangements”).

(2) Before making such a determination, the authority shall consult such organisations appearing to the authority to be representative of users of local services as they think fit.

(3) Each authority shall from time to time ascertain whether the required ticketing arrangements are being made available.

(4) If an authority ascertain that the required ticketing arrangements are not being made available, that authority shall seek to make arrangements with the operator or operators of the local services concerned under which the operator or operators agree to make the required ticketing arrangements available.

(5) In this section and in section 29 of this Act “ticketing arrangements” means arrangements under which persons may become entitled—

(a) to make more than one journey on particular local services (whether or not operated by the same person);

(b) to make a particular journey on two or more local services (whether or not operated by the same person); or

(c) where a particular journey could be made on local services provided by either (or any) of two or more operators, to make the journey on whichever service the holder chooses,

by entering into a single transaction of such description as the operator or operators of such services may require.

Ticketing schemes

29

(1) If a local transport authority are unable to make satisfactory arrangements in pursuance of section 28(4) of this Act they, or two or more such authorities acting jointly, may make a ticketing scheme covering the whole or any part of their area, or combined area, if they consider that the proposed scheme—

(a) would be in the interests of the public; and

(b) would to any extent implement their relevant general policies.

(2) In this section (other than subsection (1) above) and in sections 30 and 31 of this Act any reference to a local transport authority shall be construed, in any case where a ticketing scheme is made (or proposed to be made) by two or more such authorities acting jointly, as a reference to both (or, as the case may be, all) of those authorities.

(3) A ticketing scheme is a scheme under which operators of local services of a class specified in the scheme are required to make and implement ticketing arrangements.

(4) A ticketing scheme may not be made unless the authority have complied with the notice and consultation requirements imposed by section 30 of this Act.

(5) A ticketing scheme may, for the purposes of making provision in relation to journeys such as are mentioned in paragraph (a) of section 28(5) of this Act, specify a class of local services.

(6) A ticketing scheme may specify different arrangements in respect of different classes of local service.

Consultation as to proposed ticketing scheme

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(1) If a local transport authority propose to make a ticketing scheme, they shall give notice of the proposed scheme in at least one local newspaper circulating in the area to which it relates.

(2) The notice shall specify the date on which it is proposed that the proposed scheme will come into operation.

(3) After giving notice of the proposed scheme, the authority shall consult—

(a) all operators of local services who are, in the opinion of the authority, likely to be affected by it;

(b) such organisations appearing to the authority to be representative of users of local services as they think fit;

(d) such other persons as the authority think fit.

Making of ticketing scheme

31

(1) If, having complied with section 30 of this Act, the authority decide that it is appropriate to make a ticketing scheme, they may make it—

(a) in the form proposed; or

(b) subject to such modifications as they may specify.

(2) The scheme shall specify the date (being a date not earlier than 3 months after the date on which the scheme is made) on which it is to come into operation.

(3) Not later than 14 days after the date on which a scheme is made, the authority shall give notice of it—

(a) in at least one local newspaper circulating in the area to which the scheme relates;

(b) to all operators of local services who are, in the opinion of the authority, likely to be affected by it;

(d) in such other manner, or to such other persons or class of person (if any), as the Scottish Ministers may prescribe by regulations.

(4) The notice shall—

(a) set out the scheme and the date on which it is to come into operation; and

(b) identify the classes of local service which will be affected by it.

Effect of ticketing scheme

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(1) During any period in which a ticketing scheme is in operation, operators of local services to which the scheme relates shall make and implement the arrangements required by the scheme.

(2) The arrangements required by a ticketing scheme shall be treated, during any period in which the scheme is in operation, as if they were prescribed particulars registered under section 6 of the 1985 Act (registration of local services) of the service concerned.

Provision of information

Information about bus services

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(1) Each local transport authority shall from time to time determine, having regard to their relevant general policies—

(a) what local bus information should be made available to the public (in this section referred to as the “required information”); and

(b) the way in which it should be made available (in this section and in section 34 of this Act referred to as the “appropriate way”).

(2) Before making such a determination, the authority shall consult—

(a) the traffic commissioner;

(b) such organisations appearing to the authority to be representative of users of local services as they think fit; and

(3) Each authority shall from time to time ascertain whether the required information is being made available to the public in the appropriate way.

(4) If an authority ascertain that the required information is not being made available to the public in the appropriate way the authority shall seek to make arrangements with the operator or operators of the local services concerned under which the operator or operators agree to make the information available in that way.

(5) In this section—

“local bus information”, in relation to a local transport authority, means—information about routes and timetabling of local services to, from and within the authority’s area;information about fares for journeys on such local services; andsuch other information about facilities for disabled persons, travel concessions, connections with other public passenger transport services (within the meaning of the 1985 Act) or other matters of value to the public as the authority consider appropriate in relation to their area; and

“travel concession” has the meaning given by section 68(7) of this Act.

(6) This section and sections 34 and 35 of this Act do not apply to any local authority to the extent that any part of the area of the authority is comprised in the passenger transport area of the Strathclyde Passenger Transport Authority.

Duty of authority to make information available

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(1) If a local transport authority are unable to make satisfactory arrangements in pursuance of section 33(4) of this Act, they, or two or more such authorities acting jointly—

(a) shall make available, or secure that there is made available, in such manner as they determine, such information as is not being made available in the appropriate way in their area, or each of their areas (whether by virtue of arrangements made under section 33(4) of this Act or otherwise); and

(b) may recover from the operator or operators of the local services concerned the reasonable costs incurred by them in doing so as a civil debt due to them.

(2) In determining for the purposes of subsection (1)(b) above what is reasonable in relation to a particular operator, the authority, or as the case may be authorities, shall have regard to—

(a) the amount of information which has to be made available; and

(b) the way in which that information has to be made available,

in respect of the local services provided by that operator.

(3) If the authority, or as the case may be authorities, require an operator to provide information to them or another person in order to perform their duty under subsection (1)(a) above, the operator shall provide the information at such times and in such manner as may be specified by the authority (or authorities).

(4) The authority, or as the case may be authorities, shall give notice to the traffic commissioner of any requirement imposed under subsection (3) above.

Bus information: supplementary

35

In carrying out their functions under sections 33 and 34 of this Act, local transport authorities—

(a) shall act in the manner which is, in the opinion of the authority, most economic, efficient and effective; and

(b) shall not act in such a way as to discriminate (whether directly or indirectly) against any operator, or class of operator, of local services.

Financial and competition provisions

Agreements providing for service subsidies

36

(1) Part V of the 1985 Act (expenditure on public passenger transport services) shall be amended as follows.

(2) In section 89 (obligation to invite tenders for subsidised services)—

(a) in subsection (7), after “section” there shall be inserted “ for the provision of services other than those mentioned in subsection (9) below ”; and

(b) after subsection (8) there shall be inserted—

(9) An authority issuing an invitation to tender under this section for the provision of any service for the carriage of passengers by road which requires, for the purposes of Part IV of this Act, a PSV operator’s licence, shall, in determining whether to accept a tender submitted in response to the invitation or which (if any) of several such tenders to accept, have regard in particular to— (a) a combination of economy, efficiency and effectiveness; (b) the implementation of— (i) their local transport strategy; and (ii) the general policies formulated by them under section 63(2)(b) of this Act or section 9A(1) of the Transport Act 1968 (c.73), as the case may be; and (c) the reduction or limitation of traffic congestion, noise or air pollution. (10) In subsection (9)(b)(i) above, “local transport strategy” has the meaning given by section 82(1) of the Transport (Scotland) Act 2001 (asp 2).

(3) In section 90(3) (duty of authority to publish reasons for considering that payment of subsidies to secure service in accordance with accepted tender is conducive to achieving most effective and economic application of funds), for the words from “is conducive” to the end there shall be substituted “ accords with section 89(7), or as the case may be (9), of this Act. ”.

(4) In section 92(1) (authorities subsidising public passenger transport services not to inhibit competition between persons providing or seeking to provide such services in their area), for the words from “so” to “provide” there shall be substituted “ have regard to the interests of the public and of persons providing ”.

Competition test for exercise of bus functions

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(1) The functions to which this section applies are those of—

(a) making and varying partnership schemes;

(b) making and varying ticketing schemes; and

(2) For the purposes of this section an authority or authorities propose to exercise a function to which this section applies—

(a) in the case of the function of making or varying a partnership scheme, once notice of a proposal to make or vary it has been given under paragraph 6(2) or, as the case may be, 14(1) of schedule A1 of this Act;

(b) in the case of the function of making or varying a ticketing scheme, once notice of a proposal to make or vary it has been given under section 30(1) of this Act; and

(c) in the case of the function of inviting or accepting tenders under section 89 or 91 of the 1985 Act, once it is proposed to invite tenders under section 89(2) or 91(3) of that Act or to accept or not to accept a tender under section 89 of that Act.

(3) For the purposes of this section the exercise or proposed exercise of a function to which this section applies meets the competition test unless it—

(a) has or is likely to have a significantly adverse effect on competition; and

(b) is not justified by subsection (4) below.

(4) The exercise or proposed exercise of a function is justified if—

(a) it is with a view to achieving one or more of the purposes specified in subsection (5) below; and

(b) its effect on competition is or is likely to be proportionate to the achievement of that purpose or any of those purposes.

(5) The purposes referred to in subsection (4) above are—

(a) securing improvements in the quality of vehicles or facilities used for or in connection with the provision of local services;

(b) securing other improvements in local services of substantial benefit to users of local services; and

Grants to bus service operators

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(1) The Scottish Ministers may make grants to operators of eligible bus services towards their costs in operating those services.

(2) The Scottish Ministers may make provision by regulations as to the method of calculation of grants.

(3) Subject to any regulations under subsection (2) above, grants under this section shall be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as the Scottish Ministers may determine.

(4) A determination under subsection (3) above may be made either generally or in relation to particular cases or classes of case.

(5) In this section “eligible bus services” means services of a class using public service vehicles (or such services using a class of public service vehicles) prescribed by regulations made by the Scottish Ministers.

(6) Section 92 of the Finance Act 1965 (c.25) (grants towards duty charged on bus fuel) and section 111 of the 1985 Act (unregistered and unreliable local services: reduction of fuel duty grant) are repealed.

Penalties

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(1) Where the traffic commissioner is satisfied that the operator of a local service has, without reasonable excuse—

(a) failed to operate a local service registered under section 6 of the 1985 Act;

(b) operated a local service in contravention of that section or section 3F(1) or 13B(1)(b) or (3) of this Act; ...

(ba) failed to comply with a requirement under section 6ZA of the 1985 Act,

(bb) failed to comply with a requirement to provide information (including a requirement to provide it within a specified time or in a specified form) under section 3K(2) or 13R(2),

(d) failed to comply with a requirement of regulations made under section 181A of the Equality Act 2010,

the commissioner may impose a penalty on the operator.

(2) Subject to subsection (3) below, a penalty imposed under subsection (1) above shall be of such amount as the traffic commissioner thinks fit in all the circumstances of the case.

(3) The amount of a penalty mentioned in subsection (2) above shall not exceed—

(a) £550; or

(b) such other amount as the Scottish Ministers may by order specify,

multiplied by the total number of vehicles which the operator is licensed to use under all the PSV operator’s licences held by him.

(4) Any penalty imposed under subsection (1) above shall be payable to the Scottish Ministers.

(5) Where a penalty has been imposed on an operator under subsection (1) above, the traffic commissioner shall forthwith give notice in writing to—

(a) the Scottish Ministers; and

(b) the operator.

(5A) Any operator on whom a penalty has been imposed under any paragraph of subsection (1) above except paragraph (d) may appeal to the Upper Tribunal for Scotland against the imposition of the penalty.

(5B) On an appeal under subsection (5A), the Upper Tribunal may—

(a) dismiss the appeal, or

(b) allow the appeal and quash the imposition of the penalty.

(5C) If the Upper Tribunal quashes the imposition of the penalty, it must—

(a) reconsider the matter itself and may impose a penalty on the operator if satisfied that the operator has, without reasonable excuse, behaved as mentioned in the paragraph of subsection (1) under which the traffic commissioner imposed the penalty on the operator, or

(b) remit the matter to the traffic commissioner to make a new decision as to whether to impose a penalty under subsection (1).

(5D) The Upper Tribunal may make such other order on an appeal under subsection (5A) as it considers appropriate.

(5E) When considering an appeal under subsection (5A), including any reconsideration of the matter under subsection (5C)(a), the Upper Tribunal may not take into consideration any circumstances which did not exist at the time of the decision to impose the penalty which is the subject of the appeal.

(5F) Subsections (3) and (4) apply to the imposition of a penalty by the Upper Tribunal under subsection (5C)(a) as they apply to the imposition of a penalty by the traffic commissioner under subsection (1).

(5G) The traffic commissioner must give notice in writing to the Scottish Ministers where a penalty has been quashed or imposed by—

(a) the Upper Tribunal under—

(i) subsection (5B) or (5C)(a), or

(ii) section 44 of the Tribunals (Scotland) Act 2014 (“the 2014 Act”) in a review of a decision under subsection (5B) or (5C), or

(b) the Court of Session under section 49 of the 2014 Act on an appeal against a decision under—

(i) subsection (5B) or (5C), or

(ii) section 44 of the 2014 Act in a review of a decision under subsection (5B) or (5C).

(6) Any operator on whom a penalty has been imposed under subsection (1)(d) above may appeal to the Transport Tribunal against the imposition of the penalty.

(7) Any amount due under this section shall be recoverable as a civil debt.

Repayment of grants towards bus fuel duty

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(1) Section 111 of the 1985 Act (unregistered and unreliable local services: requirement to repay twenty per cent. of bus fuel duty grants) shall be amended as follows (until the coming into force of section 38(6) of this Act).

(2) For subsection (1) there shall be substituted—

(1) Where the traffic commissioner for the Scottish Traffic Area is satisfied that the operator of a local service has, without reasonable excuse— (a) failed to operate a local service registered under section 6 of this Act; (b) operated a local service in contravention of that section or section 8(4) or 22(1)(b) or (2) of the Transport (Scotland) Act 2001 (asp 2); or (c) failed to comply with section 32(1) or 34(3) of that Act, he may make a determination to that effect.

(3) In subsection (3), for the words “twenty per cent.” there shall be substituted “ such percentage as the traffic commissioner thinks fit ”.

(4) After subsection (3) there shall be inserted—

(3A) The percentage determined under subsection (3) above shall be at least one per cent. but not more than twenty per cent.

Miscellaneous

Bus User Complaints Tribunal

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(1) The Scottish Ministers may by regulations establish a tribunal to be known as the Bus User Complaints Tribunal (referred to in this section as the “Tribunal”) for the purpose of determining any written complaint made by or on behalf of any individual—

(a) about the manner in which a relevant complaint has been dealt with; or

(b) appealing against a decision made on a relevant complaint.

(2) Any Tribunal established by virtue of subsection (1) above shall consist of—

(a) a convener; and

(b) two other members,

appointed by the Scottish Ministers.

(3) Regulations under subsection (1) above may in particular make provision for or in connection with—

(a) the form of written complaints and the time within which they may be submitted for determination by the Tribunal;

(b) the procedure to be followed by the Tribunal in determining complaints;

(d) the powers of the Tribunal on making determinations (including, without prejudice to the generality of this paragraph, power requiring the payment of compensation);

(e) the tenure of office of members of the Tribunal;

(f) the payment of remuneration and allowances to members of the Tribunal;

(g) the making of reports to the Scottish Ministers on such matters, and at such times, as may be specified in the regulations;

(h) requiring the Scottish Ministers to lay before the Scottish Parliament copies of any reports made under paragraph (g) above;

(i) the making of reports to the traffic commissioner on such matters, and at such times, as may be specified in the regulations;

(j) appeals from determinations of the Tribunal;

(k) such other matters as the Scottish Ministers consider necessary or expedient for the purpose of enabling the Tribunal to perform its functions.

(4) Where a Tribunal is established by virtue of subsection (1) above, the traffic commissioner shall—

(a) provide, or make available, to the Tribunal such staff as the Scottish Ministers consider necessary;

(b) pay—

(i) any remuneration and allowances due to members of the Tribunal or staff of the Tribunal; and

(ii) any other expenses relating to the establishment or operation of the Tribunal; and

(c) provide the Tribunal with such other assistance as it may reasonably request for the purposes of performing its functions.

(5) Any compensation payable by virtue of subsection (3)(d) above shall be recoverable as a civil debt.

(6) The Scottish Ministers shall pay to the traffic commissioner such amount as is agreed between them to be appropriate to reimburse any expenditure incurred by the commissioner by virtue of subsection (4) above.

(7) In subsection (1) above “relevant complaint” means any written complaint made by or on behalf of any individual to an operator of bus services which relates to the operation of any bus service operated by such operator.

(8) In subsection (7) above, “bus service” means—

(a) a local bus service; or

(b) a service which—

(i) uses one or more public service vehicles for the carriage of passengers by road at separate fares;

(ii) operates between places at least one of which is in Scotland; and

(iii) is not a local service.

Traffic regulation conditions to reduce or limit noise or air pollution

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In subsection (4) of section 7 of the 1985 Act (reasons for which traffic regulation conditions may be determined)—

(a) the word “or” immediately after paragraph (a) is repealed; and

(b) after paragraph (b) there shall be inserted

; or (c) reduce or limit noise or air pollution.

Power to obtain information about local services

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(1) A local transport authority may, in connection with the formulation of their relevant general policies, require an operator of local services to provide them with any information relating to the matters mentioned in subsection (2) below which is in the possession or control of the operator; and the operator shall comply with any such requirement.

(2) The matters are—

(a) the total number of journeys undertaken by passengers on the local services operated by the operator in the authority’s area or any part of such area;

(b) the structure of fares for those journeys; and

(3) An operator may be required to provide information under this section in any form in which, having regard to the manner in which the information is kept, it is reasonable to expect the operator to provide it.

(4) Subject to subsection (5) below, no information which—

(a) has been provided to a local transport authority under this section, or provided together with information so provided; and

(b) relates to the affairs of an individual or to a particular business,

shall be disclosed by such authority during the lifetime of the individual or while the business continues to be carried on.

(5) Subsection (4) above does not apply to a disclosure—

(a) made with the consent of the individual or the person for the time being carrying on the business;

(b) of information provided by virtue of section 10(3) or 24(3) of this Act;

(d) made for the purposes of civil proceedings brought by virtue of this Act or the 1985 Act;

(e) made in order to comply with the order of a court or tribunal; or

(f) made in respect of a local service—

(i) if the operator of such service has given notice in writing to the local transport authority or the traffic commissioner of the operator’s intention to cease operating such service from a date specified in the notice; or

(ii) if, having failed to provide notice such as is mentioned in sub-paragraph (i) above, such operator has ceased to operate such service.

(5A) For the avoidance of doubt, subsection (5)(f) does not apply if (or to the extent that) the operator was also required to provide the information by the local transport authority as an affected authority under section 6ZA(2) of the 1985 Act (provision of service information when varying or cancelling registration).

(6) A local transport authority who, without reasonable excuse, disclose information in contravention of subsection (4) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(7) Where an offence under subsection (6) above committed by a local transport authority is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a person employed by the authority, the person as well as the authority is guilty of the offence and liable to be proceeded against and punished accordingly.

Civil penalties for bus lane contraventions

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(1) The Scottish Ministers may by regulations make provision for or in connection with—

(a) the imposition by approved local authorities of charges in respect of bus lane contraventions; and

(b) the payment of such charges.

(2) An authority is an approved local authority if—

(a) an order designating the whole or any part of their area has been made under paragraph 1(1)(d) or 2(1)(c) of Schedule 3 to the Road Traffic Act 1991 (c.40) (permitted and special parking areas outside London); and

(b) the Scottish Ministers have made an order specifying them as an approved local authority for the purposes of this section.

(3) A bus lane contravention is a contravention of any such provision of—

(a) a traffic regulation order;

(b) an experimental traffic order; or

as relates to the use of an area of road which is or forms part of a bus lane.

(4) For the purposes of subsection (3) above, an area of road is or forms part of a bus lane if the order in question provides that it may be used—

(a) only by buses; or

(b) only by buses and some other class or classes of traffic specified in the order.

(5) Regulations under subsection (1) above shall include provision—

(a) for the setting of the rates of charges (which may include provision for surcharges or discounts) by approved local authorities;

(b) that any rates set by virtue of paragraph (a) above shall be effective only if they have been approved by the Scottish Ministers;

(i) by the registered keeper of the motor vehicle; or

(ii) in such circumstances as may be specified in the regulations, by such other person as may be so specified;

(d) permitting the imposition of a charge only on the basis of a record produced by an approved device;

(e) securing that a charge in respect of a bus lane contravention shall not require to be paid, or shall be refunded, where—

(i) the contravention is the subject of criminal proceedings; or

(ii) a fixed penalty notice has been given in respect of the contravention; and

(f) that any sums paid by way of charges to an approved local authority shall be available only for application by such authority for the purpose of directly or indirectly facilitating the achievement of policies in such authority’s local transport strategy.

(6) Regulations under subsection (1) above may—

(a) specify exemptions from charges; and

(b) make provision about the keeping of accounts, and the preparation and publication of statements of account, relating to sums paid by way of charges.

(7) The Scottish Ministers may make regulations about the notification, adjudication and enforcement of charges.

(8) Regulations under subsection (7) above may include—

(a) provision creating criminal offences to be triable summarily and punishable with a fine not exceeding level 5 on the standard scale or such lower amount as may be prescribed by the regulations; and

(b) provision for or in connection with permitting sufficient evidence of a fact to be given by the production of a record produced by an approved device with a certificate as to the circumstances in which the record was produced,

but may not confer power to stop motor vehicles.

(9) In this section—

“approved device” means a device of a description specified in an order made for the purposes of this section by the Scottish Ministers;

“experimental traffic order” means an order under section 9 of the Road Traffic Regulation Act 1984 (c.27);

“fixed penalty notice” has the same meaning as in Part III of the Road Traffic Offenders Act 1988 (c.53); and

“temporary traffic restriction order” means an order under section 14 or 16A of the Road Traffic Regulation Act 1984 (c.27).

Registered services: minimum period of operation

45

In section 6 of the 1985 Act (registration of local services)—

(a) in subsection (3), for the words “subsection (2) above” there shall be substituted “ this section ”; and

(b) after subsection (8) there shall be inserted—

(8A) Where a service is registered under this section or, as the case may be, a registration is varied under this section, the operator of the service which has been registered, or in respect of which the registration has been varied, shall provide that service for a period of at least 90 days (or, as the case may be, such other period as the traffic commissioner may specify) beginning with the day on which the period of notice expires or, as the case may be, the variation becomes effective.

Power to restrict dates on which scheduled timings of local services may be varied

46

In section 6 of the 1985 Act (registration of local services)—

(a) after paragraph (d) of subsection (9) there shall be inserted—

(da) subject to subsection (10) below, specifying dates as the only dates on which the operator of a local service in the area (or areas) of such local authority (or authorities) as may be specified in the regulations may vary a registration in so far as it relates to the scheduled times of the local service in respect of which the registration is made;

;

and

(b) after subsection (9) there shall be inserted—

(10) Regulations making provision such as is mentioned in subsection (9)(da) above may not— (a) have effect for a period of more than three years; (b) specify more than four dates in a calendar year as dates on which a registration may be varied.

Co-operation

47

(1) In considering whether to make a partnership scheme or franchising framework or ticketing scheme a local transport authority shall have regard to the desirability, in appropriate cases, of making a scheme or framework jointly with another authority.

(2) A local transport authority shall, in determining their opinion under paragraph (a) of section 35 of this Act, have regard to the desirability, in appropriate cases, of carrying out their functions under sections 33 and 34 of this Act jointly with another authority (whether as respects the whole or any part of their combined area).

(3) Local transport authorities shall in carrying out their functions—

(a) under this Part of this Act in relation to partnership schemes and franchising frameworks and ticketing schemes; and

(b) under sections 33 and 34 of this Act,

co-operate with one another.

Interpretation of Part

Interpretation of Part 2

48

(1) Subject to subsection (1A) in this Part of this Act—

“community bus permit” means a permit under section 22 of the 1985 Act;

“local service” has the meaning given by section 2 of the 1985 Act;

“operational service standard” is to be construed in accordance with section 3C(1)(b);

“relevant general policies”, in relation to a local transport authority, means the authority’s local transport strategy and—where the authority is a local authority,(i) the policies formulated by them from time to time under section 63(2)(b) of the 1985 Act; or(ii) any policies formulated by them from time to time in accordance with that strategy which, were the area to which those policies relate not in a passenger transport area, could have been formulated by them under that provision and which relate to providing services of the kind mentioned in section 2A(1) of this Act or matters which may be the subject matter of a partnership scheme or a franchising framework;where the authority is the Strathclyde Passenger Transport Authority, the policies formulated by them from time to time under section 9A(1) of the Transport Act 1968 (c.73);

“route service standard” is to be construed in accordance with section 3C(1)(a);

“Transport Partnership” means a Transport Partnership created by order under section 1 the Transport (Scotland) Act 2005;

“traffic commissioner” means the person appointed from time to time to be the commissioner for Scotland under section 4 of the Public Passenger Vehicles Act 1981 (c.14); and

“traffic regulation order” means an order under—the Road Traffic Regulation Act 1984 (c.27); orany other enactment (other than this Act),regulating the use of roads or other places by public service vehicles.

(1A) The definition of “traffic regulation order” in subsection (1) does not apply for the purposes of chapter 1 of this Part.

(2) In this Part of this Act the following expressions have the same meaning as in the Public Passenger Vehicles Act 1981 (c.14)—

“fares”;

“modification”;

“public service vehicle”; and

“PSV operator’s licence”.

(3) References in this Part of this Act to the operator of a passenger transport service of any description are to be construed in accordance with section 137(7) of the 1985 Act.

Part — Road user charging

Road user charging schemes

Charging schemes

49

(1) Subject to subsection (4A), a charging scheme may be made by a local traffic authority or by two or more such authorities acting jointly.

(2) A charging scheme may be made only in respect of roads for which the charging authority, or either (or any) of the charging authorities, are the local traffic authority.

(3) A charging scheme may be made only if—

(a) the charging authority, or each of the charging authorities, proposing to make the scheme have a local transport strategy; and

(b) the scheme appears desirable to the authority, or each of them, for the purpose of directly or indirectly facilitating the achievement of policies in their strategy.

(4) Charges imposed in respect of any motor vehicle by a charging scheme shall be paid—

(a) by the registered keeper of the motor vehicle; or

(b) in such circumstances as the Scottish Ministers may by regulations specify, by such other person as may be so specified.

(4A) No charging scheme may be made in relation to a road carried by a bridge by—

(a) a joint board constituted by order under section 69 of this Act (whether acting solely or jointly); or

(b) a body—

(i) which is under any enactment responsible for the management and maintenance of a bridge constructed in pursuance of powers conferred by, or by an order made under or confirmed by, any enactment; and

(ii) the functions of which relate solely or mainly to such a bridge.

(5) In this Part of this Act—

“charging authority”, in relation to a charging scheme made or proposed to be made by one authority, means the authority by which the charging scheme is or is proposed to be made;

“charging authorities”, in relation to a charging scheme made or proposed to be made jointly by more than one authority, means the authorities by which the charging scheme is or is proposed to be made; and

“charging scheme” means a scheme for imposing charges in respect of the use or keeping of motor vehicles on roads.

Charging schemes to be made, varied and revoked by order

50

(1) A charging scheme shall be contained in an order made by the charging authority or the charging authorities (acting jointly).

(2) Any charging scheme may be varied or revoked by order made by the charging authority or authorities (acting jointly) who made the scheme.

(3) The Scottish Ministers may by regulations make provision as respects orders made under this section, including (in particular)—

(a) provision specifying the form of orders;

(b) provision about consultation on proposals for orders (including the publication of such proposals and the making and consideration of objections to proposals); and

Confirmation of orders

51

(1) A charging scheme shall not come into force unless the order making it has been submitted to and confirmed by the Scottish Ministers; and a variation or revocation of such a charging scheme shall not take effect until the order making the variation or revocation has been so submitted and confirmed.

(2) Subsection (1) above shall not apply in such circumstances as may be specified in, or determined in accordance with, regulations made by the Scottish Ministers.

(3) Where confirmation of an order is required by this section, the order may be confirmed by the Scottish Ministers—

(a) in the form in which it is submitted; or

(b) subject to such modifications as they may specify.

Charging schemes: consultation and inquiries

52

(1) Before an order making, varying or revoking a charging scheme is made, the charging authority or charging authorities (acting jointly)—

(a) shall consult such persons as may be specified in regulations made under section 50(3) of this Act; and

(b) may consult such other persons as they think fit,

about the scheme or, as the case may be, the variation or revocation.

(2) Where an order making, varying or revoking a charging scheme is submitted to the Scottish Ministers under section 51 of this Act they may at any time before the order is confirmed—

(a) consult; or

(b) require the charging authority or authorities to consult,

other persons about the charging scheme or, as the case may be, the variation or revocation.

(3) The Scottish Ministers—

(a) may cause an inquiry to be held in relation to a charging scheme, or the variation or revocation of such a scheme; and

(b) may appoint the person or persons by whom such an inquiry is to be held.

(4) The charging authority or charging authorities (acting jointly)—

(a) may cause an inquiry to be held in relation to a charging scheme proposed to be made by them, or the proposed variation or proposed revocation of a charging scheme made by them; and

(b) may appoint the person or persons by whom such an inquiry is to be held.

(5) Without prejudice to the generality of subsection (3) above, the Scottish Ministers may by regulations specify circumstances in which a charging authority or charging authorities (acting jointly) shall cause an inquiry to be held in relation to a charging scheme proposed to be made by them, or the proposed variation or proposed revocation of a charging scheme made by them.

(6) Subsections (3) to (8) of section 210 of the Local Government (Scotland) Act 1973 (c.65) (witnesses and costs at inquiries) shall apply in relation to any inquiry held by virtue of this section.

Matters to be dealt with in charging schemes

53

(1) A charging scheme shall—

(a) designate the roads in respect of which charges are imposed;

(b) specify or describe the events by reference to the happening of which a charge is imposed in respect of a motor vehicle being used or kept on a road;

(d) specify the classes of motor vehicles which are exempt from charges or in respect of which reduced rates of charges are imposed;

(e) specify the charges imposed;

(f) specify the period during which it is to remain in force; and

(g) make provision for or in connection with the collection, payment and recording of charges.

(2) Subject to section 49(2), and to any modifications made by virtue of section 51(3)(b), of this Act, the designation of the roads in respect of which charges are imposed by a charging scheme shall be such as the charging authority or authorities may determine.

(3) No charge may be imposed by a charging scheme in respect of the keeping of a motor vehicle on a road unless such charge also has effect in respect of the use of the motor vehicle on that road.

(4) The charges that may be imposed by a charging scheme include different charges (which may be no charge) for different cases, including (in particular)—

(a) different days;

(b) different times of day;

(d) different distances travelled;

(e) different purposes for which motor vehicles are being used;

(f) different numbers of occupants; and

(g) different classes of motor vehicles.

(5) A charging scheme may specify that the charges specified in the scheme shall be increased, on such dates as may be so specified, by reference to such percentage increases in the retail prices index as may be so specified.

(6) In setting the charges imposed by a charging scheme, the charging authority or authorities (acting jointly) shall have regard to the purposes for which the authority or authorities are, in accordance with schedule 1 to this Act, to apply the net proceeds of the charging scheme.

(7) A charging scheme may contain provision requiring—

(a) such documents as may be specified in the scheme to be displayed on a motor vehicle while it is on a road in respect of which charges are imposed; or

(b) such equipment as may be so specified to be carried in or fitted to a motor vehicle while it is on such a road.

(8) In this section “the retail prices index” means—

(a) the general index of retail prices (for all items) published by the Statistics Board; or

(b) where that index is not published for a month, any substituted index or figures published by the Board.

Charging schemes: exemptions etc.

54

(1) The Scottish Ministers may make regulations requiring charging schemes to contain provision for or in connection with—

(a) exemptions from charges; or

(b) the application of reduced rates of charges.

(2) No part of a road shall be subject to charges imposed by more than one charging scheme at the same time.

Penalties and liability for charges

55

(1) The Scottish Ministers may by regulations make provision for or in connection with the imposition, notification, payment, adjudication and enforcement of charges (in this section such charges being referred to as “charging scheme penalty charges”) in respect of acts, omissions, events or circumstances relating to or connected with charging schemes.

(2) Regulations under this section may include provision for or in connection with setting the rates of charging scheme penalty charges (which may include provision for surcharges or discounts).

(3) Charging scheme penalty charges in respect of any motor vehicle shall be paid—

(a) by the registered keeper of the motor vehicle; or

(b) in such circumstances as may be specified in regulations under this section, by such other person as may be so specified.

(4) A person commits an offence if with intent to avoid payment of, or with intent to avoid being identified as having failed to pay, a charge imposed by a charging scheme the person—

(a) interferes with any equipment used for or in connection with charging under the charging scheme; or

(b) causes or permits the registration plate of a motor vehicle to be obscured.

(5) A person commits an offence if with intent to avoid payment of, or with intent to avoid being identified as having failed to pay, charges imposed by a charging scheme or charging scheme penalty charges the person makes or uses any false document.

(6) A person commits an offence if the person removes a notice of a charging scheme penalty charge which has been fixed to a motor vehicle in accordance with regulations under this section unless—

(a) the person is the registered keeper of the vehicle or a person using the vehicle with the registered keeper’s authority; or

(b) the person does so under the authority of the registered keeper or such a person or of the charging authority or any of the charging authorities.

(7) A person guilty of an offence under subsection (4) or (5) above shall be liable on summary conviction to—

(a) a fine not exceeding level 5 on the standard scale; or

(b) imprisonment for a term not exceeding 6 months,

or to both.

(8) A person guilty of an offence under subsection (6) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Examination, immobilisation and removal of vehicles etc.

56

(1) The Scottish Ministers may by regulations make provision enabling or requiring charging schemes to confer powers on persons specified in, or determined in accordance with, the regulations for or in connection with examining a motor vehicle for the purpose of ascertaining—

(a) whether any document required by a charging scheme to be displayed on a motor vehicle while it is on a road in respect of which charges are imposed is so displayed;

(b) whether any equipment required by a charging scheme to be carried in or fitted to the motor vehicle while it is on such a road is carried or fitted, is in proper working order or has been interfered with with intent to avoid payment of, or being identified as having failed to pay, a charge; or

(2) Regulations under subsection (1) above may include provision for or in connection with—

(a) conferring on a person duly authorised in writing by the charging authority, or any of the charging authorities, power to enter a motor vehicle for the purpose of exercising any of the powers conferred on that person by virtue of that subsection;

(b) conferring on a person on whom power to enter a motor vehicle has been conferred by virtue of paragraph (a) above power to seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the commission of an offence under section 55(4) or (5) of this Act.

(3) Any person who intentionally obstructs a person acting in the exercise of any power conferred by virtue of subsection (2) above shall be guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment, to a fine.

(4) The Scottish Ministers may by regulations make provision enabling or requiring charging schemes to make provision for or in connection with—

(a) the fitting of immobilisation devices to motor vehicles;

(b) the fixing of notices to motor vehicles to which an immobilisation device has been fitted;

(d) the release of motor vehicles from immobilisation devices or from storage;

(e) the satisfaction of conditions before the release of a motor vehicle; and

(f) the sale or destruction of motor vehicles not released.

(5) Any person who removes or interferes with a notice fixed to a motor vehicle in accordance with provision included in a charging scheme by virtue of subsection (4) above in contravention of such provision shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6) Any person who removes or attempts to remove an immobilisation device fitted to a motor vehicle in accordance with provision included in a charging scheme by virtue of subsection (4) above in contravention of such provision shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) Any person who intentionally obstructs a person exercising any power conferred by provision included in a charging scheme by virtue of subsection (4) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8) A charging scheme may authorise or require—

(a) the examination of a motor vehicle;

(b) the fitting of an immobilisation device to a motor vehicle; or

only if the vehicle is on a road.

(9) In this section “immobilisation device” has the same meaning as in section 104 of the Road Traffic Regulation Act 1984 (c.27).

Equipment etc.

57

(1) The charging authority, or any of the charging authorities, may—

(a) install and maintain, or authorise the installation and maintenance of, any equipment; or

(b) construct and maintain, or authorise the construction and maintenance of, any buildings or other structures,

used or to be used for or in connection with the operation of a charging scheme.

(2) The Scottish Ministers may by regulations approve standards for equipment installed, or authorised to be installed, by charging authorities for or in connection with the operation of charging schemes.

(3) No equipment may be installed for or in connection with the operation of a charging scheme if it is incompatible with a standard approved under subsection (2) above.

Traffic signs

58

(1) The Scottish Ministers may direct the charging authority, or any of the charging authorities, in relation to a charging scheme to place and maintain traffic signs, or cause traffic signs to be placed and maintained, in connection with the scheme.

(2) A charging authority which is or could be given a direction under this section may enter any land, and exercise any other powers which may be necessary, for placing and maintaining traffic signs, or causing traffic signs to be placed and maintained, in connection with any charging scheme in respect of which a direction is or could be given.

(3) A direction under this section shall be given in writing and may be varied or revoked by the Scottish Ministers.

(4) In this section “traffic signs” has the same meaning as in section 64 of the Road Traffic Regulation Act 1984 (c.27).

Non-domestic rating exemption

59

After section 8AA of the Valuation and Rating (Scotland) Act 1956 (c.60) there shall be inserted—

(8B) (1) There shall not be entered in the valuation roll any lands and heritages— (a) that consist of a road in respect of which charges are imposed by a charging scheme made under Part 3 of the Transport (Scotland) Act 2001 (asp 2); or (b) subject to subsection (2) below, that are used solely for or in connection with the operation of such a scheme. (2) Lands and heritages such as are mentioned in subsection (1)(b) above do not include office buildings.

Supplementary

Financial provisions about charging schemes

60

Schedule 1 to this Act (which contains financial provisions about charging schemes) shall have effect.

Powers of charging authorities

61

The charging authority, or any of the charging authorities, in relation to a charging scheme (or any proposal for a charging scheme) may—

(a) incur expenditure in or in connection with the making, establishment or operation of the charging scheme; or

(b) enter into arrangements (including arrangements for forming or participating in companies) with any person in respect of the making, establishment or operation of the charging scheme or relating to the installation or operation of any equipment used for or in connection with the operation of the charging scheme.

Grants to charging authorities

62

(1) The Scottish Ministers may make grants to charging authorities who are proposing to make charging schemes towards their costs in determining whether to make such proposed schemes.

(2) Grants under this section shall be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as the Scottish Ministers may determine.

(3) A determination under subsection (2) above may be made either generally or in relation to particular cases or classes of case.

Information

63

(1) Information obtained by—

(a) any Minister of the Crown or government department;

(b) the Scottish Administration; or

may be disclosed to the charging authority, or any of the charging authorities, in relation to a charging scheme for or in connection with the exercise of any of their functions with respect to the charging scheme.

(2) Information obtained by the charging authority, or any of the charging authorities, in relation to a charging scheme for or in connection with any of their functions other than their functions with respect to the charging scheme may be used by them for or in connection with the exercise of any of their functions with respect to the charging scheme.

(3) Any information which has been or could be—

(a) disclosed to an authority under subsection (1) above for or in connection with the exercise of any of their functions with respect to the charging scheme; or

(b) used by an authority by virtue of subsection (2) above for or in connection with the exercise of any of those functions,

may be disclosed to any person with whom the authority has entered into arrangements under section 61(b) of this Act.

(4) Information disclosed to a person under subsection (3) above—

(a) may be disclosed to any other person for or in connection with the charging scheme; but

(b) may not be used (by the person or any other person to whom it is disclosed under paragraph (a) above) otherwise than for or in connection with the charging scheme.

Determination of disputes, appeals and evidence

64

(1) The Scottish Ministers may by regulations make provision for or in connection with—

(a) the determination of disputes arising under this Part of this Act; and

(b) appeals against such determinations or any failure to make any such determination.

(1A) Provision may be made under subsection (1) above for the appointment of—

(a) persons to determine the disputes; and

(b) persons to hear and determine the appeals,

referred to in that subsection.

(1B) Provision made by virtue of subsection (1A) above may include provision for the payment by charging authorities of expenditure incurred in and in consequence of the making of appointments by virtue of that subsection.

(1C) Provision made by virtue of subsection (1A) above may—

(a) include provision conferring the functions referred to in paragraphs (a) and (b) of that subsection on persons appointed to carry out functions similar to those functions; and

(b) where it does so, may, so as to give the provision full effect, apply and modify any enactment.

(2) The Scottish Ministers may by regulations make provision for or in connection with permitting evidence of a fact relevant to proceedings for an offence under this Part of this Act, or proceedings in respect of a failure to comply with the provisions of a charging scheme, to be given by the production of—

(a) a record produced by a device specified in, or determined in accordance with, the regulations; and

(b) a certificate (whether in the same or another document) as to the circumstances in which the record was produced signed by a person so specified or determined.

Offences by bodies corporate and partnerships

65

(1) Where an offence under this Part of this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a relevant person, the relevant person as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) above applies in relation to the acts and defaults of a member in connection with his functions of management as if the member were a relevant person.

(3) Where an offence under this Part of this Act committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

(4) In subsection (1) above “relevant person”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

Crown application

66

(1) Sections 49 to 59 of this Act shall apply in relation to Crown roads (as defined in section 131(7)(b) of the Road Traffic Regulation Act 1984 (c.27)) as those sections apply in relation to other roads.

(2) The provisions of this Part of this Act and of regulations and orders made under it shall bind the Crown.

(3) No contravention by the Crown of any provision of this Act or of any regulations or orders made under it shall make the Crown criminally liable; but the Court of Session may, on the application of a charging authority, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(4) Notwithstanding anything in subsection (3) above, the provisions of this Act and of regulations and orders made under it shall, subject to subsection (5) below, apply to motor vehicles, or persons, in the public service of the Crown as they apply to other motor vehicles or persons.

(5) No power of entry or seizure conferred by regulations made under section 56(2) of this Act shall be exercisable in relation to any motor vehicle in the public service of the Crown.

(6) Nothing in this section affects Her Majesty in Her private capacity.

Interpretation of Part

Interpretation of Part 3

67

(1) In this Part of this Act—

“charging authority” and “charging authorities” have the meanings given by section 49(5) of this Act; and

“operation” includes enforcement (related expressions being construed accordingly).

(2) Any reference in this Part of this Act to a class of motor vehicles is a reference to a class defined or described, by reference to any characteristics of the motor vehicles or to any other circumstances whatsoever, in regulations made by the Scottish Ministers.

Part — Miscellaneous

Travel concession schemes

68

(1) The Scottish Ministers may by order require such local transport authority as may be specified in the order, or two or more such authorities acting jointly, to make a scheme covering such area as may be specified in the order for the provision of travel concessions to eligible persons travelling on eligible services on eligible journeys (any such scheme being referred to in this section as a “travelconcession scheme”).

(2) Any area specified in an order under subsection (1) above shall be the whole or any part of the area, or combined area, of the authority, or authorities, so specified.

(3) An order imposing a requirement on an authority, or two or more authorities, under subsection (1) above may include such provision as respects any scheme established by that authority, or those authorities, under section 93 of the 1985 Act, which covers the whole or part of the area specified in such order as the Scottish Ministers consider necessary or expedient in consequence of such order.

(4) A travel concession scheme made by virtue of subsection (1) above shall include such provision—

(a) as respects the rate of travel concession;

(b) as respects the days and times during which travel concessions shall be provided;

(c) requiring the authority, or authorities, to reimburse operators of eligible services for providing travel concessions under the scheme;

(d) as respects the enforcement of the scheme; and

(e) as respects such other matters relating to the content and operation of the scheme,

as may be specified in the order under that subsection.

(5) A requirement such as is mentioned in paragraph (c) of subsection (4) above may, in particular, make provision—

(a) with respect to the determination by the authority, or authorities, of the amounts to be paid by them to individual operators, or to any class of operators, by way of reimbursement;

(b) as to the manner of making any payments due to operators by way of reimbursement;

(c) about the terms on which, and the extent to which, the authority, or authorities, may employ any person as their agent for the purpose of making payments due to operators by way of reimbursement and the descriptions of persons who may be so employed; and

(d) as to the publication and notification by authorities of proposed arrangements, or proposed variations of arrangements, in respect of reimbursement.

(6) An operator of eligible services who systematically fails to comply with an obligation imposed by a travel concession scheme on the operator for the provision of travel concessions under the scheme shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) In this section—

“eligible journey”, in relation to a travel concession scheme, means a journey—between places in the area covered by the scheme;between such places and places outwith, but in the vicinity of, that area; orbetween places outwith, but in the vicinity of, that area;

“eligible person”, in relation to a travel concession scheme, means a person who resides in the area covered by the scheme and—has attained the age of 60 years;suffers from a disability, or injury, of such description as the Scottish Ministers may by order specify; oris of such other description as the Scottish Ministers may by order specify;

“eligible service” means—a service, of a class specified in an order made by the Scottish Ministers, using a public service vehicle (within the meaning of the Public Passenger Vehicles Act 1981 (c.14));a transport service by water which carries passengers and operates regularly between two or more points both or all of which are in Scotland; anda service of such other description as the Scottish Ministers may by order specify; and

“travel concession”, in relation to a journey, means—reduction of the fare (within the meaning of that Act of 1981) for the journey below the amount applicable to an adult who is not entitled to any reduction; orwaiver of such fare.

Bridges

Joint boards for management, maintenance etc. of certain bridges

69

(1) Where—

(a) a body other than a roads authority is under any enactment responsible for the management and maintenance of a bridge constructed in pursuance of powers conferred by, or by an order made under or confirmed by, any enactment (any such body being referred to in this section as a “relevant body”); and

(b) the functions of the relevant body relate solely to such a bridge,

the Scottish Ministers may by order dissolve the relevant body.

(2) An order under this section may—

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