Transport (Scotland) Act 2001

• (a) transfer to a joint board comprised of such local authorities as may be specified in the order (such authorities being referred to in this section as the “constituent authorities”) such property, rights and liabilities of the relevant body to which the order relates as may be so specified;

• (b) confer on such a joint board such functions in connection with the bridge as may be specified in the order;

• (c) delegate to such a joint board such functions, relating to transport across the river spanned by the bridge, of the constituent authorities as may be specified in the order;

• (d) make provision in connection with the transfer of staff employed by or for the purposes of such body;

• (e) without prejudice to the generality of paragraph (d) above, make provision regarding liability for the payment of any pensions, allowances or gratuities which would otherwise have been the responsibility of such body; and

• (f) make such provision amending, repealing or revoking enactments as appears to the Scottish Ministers to be necessary or expedient.

• (3) A joint board constituted by order under this section—

• (a) shall be deemed for all purposes to be a joint board within the meaning of the Local Government (Scotland) Act 1973 (c.65) constituted under that Act; ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) For the purposes of this section—

• “enactment” includes a local and personal or private Act;

• “river” includes estuary; and

• “roads authority” has the meaning given by section 151(1) of the Roads (Scotland) Act 1984 (c.54).

Grants for transport-related purposes

Grants for transport-related purposes

70

• (1) The Scottish Ministers may make grantsor loans to any persons for any purposes relating to transport.

• (1A) Without prejudice to the generality of subsection (1) above, the purposes mentioned in that subsection include the purpose of acquiring a qualifying interest in land where the use and enjoyment of that land are, or may be, seriously affected in consequence of—

• (a) any provision contained in an order under section 1 of the Transport and Works (Scotland) Act 2007 (asp 8) (orders as to transport systems and inland waterways) made on an application to the Scottish Ministers in accordance with rules made under section 4 of that Act; or

• (b) any provision contained in—

• (i) an Act passed before the time when Part 1 of that Act of 2007 is first wholly in force; or

• (ii) an instrument made under an Act before that time,

and which is of a kind which could be included in an order under section 1 of that Act of 2007.

• (1B) An interest in land is a qualifying interest for the purposes of subsection (1A) if it is an interest such as is mentioned in subsection (2) of section 100 of the Town and Country Planning (Scotland) Act 1997 (c. 8) (interests qualifying for protection under blight provisions), references in that section to the date of service of a notice under section 101 of that Act being taken, for those purposes, to be references to the date on which the agreement for the acquisition is made.

• (2) Grantsand loans under this section shall be of such amounts and subject to such conditions (including, in the case of grants, 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.

• (4) If in any financial year the power conferred by subsection (1) above is exercised, the Scottish Ministers shall, not later than three months after the end of the financial year, lay before the Scottish Parliament a report on grantsand loans made under that subsection during that financial year; and any such report shall, in relation to each grantor loan, include details of—

• (a) the amount of the grantor loan;

• (b) the person to whom it has been paid; and

• (c) the purpose for which it has been paid.

Financial assistance: inland waterway and sea freight

Financial assistance for inland waterway and sea freight

71

• (1) The Scottish Ministers may, if they are satisfied that it is in the public interest to do so, make grants or other payments for the purpose of securing orencouraging the carriage of goods by inland waterway or by sea rather than by road.

• (2) Grants or payments under this section may in particular be made in respect of facilities for or in connection with the carriage of goods by inland waterway or by sea (including facilities for loading or unloading goods).

• (3) Grants or payments 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 “inland waterway” includes both a natural and an artificial inland waterway.

• (6) Section 140 of the Railways Act 1993 (c.43) (grants to assist the provision of facilities for freight haulage by inland waterway) is repealed.

Disabled persons' transport needs: power to establish committee

Disabled persons' transport needs: power to establish committee

72

• (1) The Scottish Ministers may by regulations establish a committee for the purposes of—

• (a) considering such matters relating to the needs of disabled persons in connection with transport as the committee think appropriate; and

• (b) giving such advice to the Scottish Ministers in relation to such matters as the committee think appropriate.

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

• (a) the membership of the committee;

• (b) the appointment and tenure of office of members of the committee;

• (c) the payment of remuneration and allowances to members of the committee; and

• (d) such other matters as the Scottish Ministers consider necessary or expedient for the purpose of enabling the committee to perform their functions.

Motor vehicles used by disabled persons

Badges for display on motor vehicles used by disabled persons: enforcement

73

In section 21 of the Chronically Sick and Disabled Persons Act 1970 (c.44) (badges for display on motor vehicles used by disabled persons)—

Home zones

Home zones

74

• (1) A local traffic authority may, with a view to implementing measures for securing any of the purposes mentioned in subsection (2) below, designate as a home zone any road for which they are the traffic authority.

• (2) The purposes mentioned in subsection (1) above are—

• (a) to improve the safety of persons using the road or any area in the vicinity of the road;

• (b) to improve or preserve the environment through which the road runs;

• (c) to improve the facilities provided on, or in the vicinity of, the road in such a way as to bring benefits to any persons using the road (not being persons using motor vehicles); and

• (d) to any extent to implement their transport policies.

• (3) Where a local traffic authority have, by virtue of subsection (1) above, designated a road they shall prepare and publish a report on the measures (if any) they have implemented for securing the purpose or purposes for which the designation was made.

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

• (a) specifying the roads, or classes of road, that may be designated;

• (b) the procedure to be followed when making, varying or revoking designations (including provision as to consultation);

• (c) the confirmation of designations by them;

• (d) the preparation of reports under subsection (3) above; and

• (e) the times at which and manner in which such reports are to be published.

• (5) In this section “transport policies”, in relation to a local traffic authority, means the policies formulated from time to time under section 63(2)(b) of the 1985 Act by the local authority who are the local traffic authority.

Public rights of passage: redetermination orders

Amendment of Roads (Scotland) Act 1984

75

In section 152 of the Roads (Scotland) Act 1984 (c.54) (further provision as to interpretation and certain ancillary powers)—

• (a) after subsection (3) there shall be inserted—

(3A) Where an order under subsection (2) above states that it has effect only for such period not exceeding 18 months as is specified in the order, the order shall have effect during that period notwithstanding any failure to comply with— (a) any regulations made under subsection (1) of section 71 of this Act; or (b) subsection (2) of that section. (3B) Subject to subsection (3C) below, an order which— (a) has effect by virtue of subsection (3A) above; and (b) makes the same provision in relation to the same right of public passage as was made in an order which has ceased to have effect, may not have effect for a period which, when taken together with the period for which any order such as is mentioned in paragraph (b) above had effect, amounts to more than 18 months. (3C) An order may have effect for a period which, when taken together with the period for which any order such as is mentioned in subsection (3B)(b) above had effect, amounts to more than 18 months only for the purpose of enabling the authority who made the order to take any steps necessary to seek to comply with— (a) any regulations made under subsection (1) of section 71 of this Act; or (b) subsection (2) of that section.

;

and

• (b) after subsection (4) there shall be added—

(5) Where— (a) during the period when an order under subsection (2) above has effect by virtue of subsection (3A) above, the authority carry out any works necessary for giving effect to the order (including any works carried out by virtue of subsection (4) above); and (b) on the order ceasing to have effect, no further order under subsection (2) above making the same provision in relation to the same right of public passage has effect, the authority who made the order shall carry out any works necessary to reinstate the conditions pertaining before such works were carried out.

.

Road safety information and training: subsidies

Amendment of Road Traffic Act 1988

76

In section 40 of the Road Traffic Act 1988 (c.52) (power to subsidise certain authorities and bodies for giving road safety information and training)—

School crossing patrols

Patrolling school crossings

77

• (1) The Road Traffic Regulation Act 1984 (c.27) shall be amended as follows.

• (2) In section 26(1) (arrangements for patrolling places where children cross roads during certain periods) the words “during periods between the hours of eight in the morning and half-past five in the afternoon when children are so on their way,” are repealed.

• (3) After section 26(1) there shall be inserted—

(1A) Arrangements under subsection (1) above may be made for patrolling places at such times as the appropriate authority think fit.

.

• (4) In section 28(1) (power to stop vehicles at school crossings)—

• (a) the words “between the hours of eight in the morning and half-past five in the afternoon” are repealed; and

• (b) for the words “children on their way to or from school, or from one part of a school to another, are” there shall be substituted “ a person is ”.

• (5) In section 28(2)(a) (duty to stop vehicle before reaching place where children are crossing) for the words—

• (a) “children are” there shall be substituted “ person is ”; and

• (b) “their” there shall be substituted “ his ”.

• (6) In section 28(5)—

• (a) paragraph (c) (presumption that children were on their way to school etc.); and

• (b) the word “and” immediately preceding it,

are repealed.

Bicycle and motor cycle stands

Stands etc. for bicycles and motor cycles

78

• (1) The Road Traffic Regulation Act 1984 (c.27) shall be amended as follows.

• (2) In section 63 (power of authorities to provide stands for racks for bicycles) for “and racks for bicycles” there shall be substituted “ or racks for, or devices for securing, bicycles or motor cycles ”.

• (3) In section 136(4) (meaning of “motor cycle”) for the words “section 57” there shall be substituted “ sections 57 and 63 ”.

Part — General

Guidance

79

• (1) The Scottish Ministers may issue guidance to—

• (a) local traffic authorities in relation to charging schemes;

• (b) local traffic authorities in relation to the designation of roads as home zones by virtue of section 74(1) of this Act;

• (ba) local transport authorities in relation to the exercise of their functions under section 2A of this Act,

• (c) local transport authorities in relation to partnership schemes, franchising frameworks, ticketing schemes and the provision of information under section 34 of this Act; and

• (d) local transport authorities and local traffic authorities (or any one or more local traffic authorities) in relation to the preparation of local transport strategies;

and such authorities shall have regard to any such guidance.

• (2) Guidance issued under this section or any other section shall be published in such manner as the Scottish Ministers consider appropriate; and the Scottish Ministers may at any time vary or revoke guidance issued by them under this section.

Civil penalties: bodies corporate and partnerships

80

• (1) Where—

• (a) apart from this subsection, a penalty under, or by virtue of, any provision of this Act is recoverable from a body corporate or Scottish partnership by reason of any act or omission of the body or partnership; and

• (b) the act or omission was done with the consent or connivance of, or is attributable to any neglect on the part of, any of the persons mentioned in subsection (2) below,

those provisions shall apply to each of those persons who consented to or connived in the act or omission or to whose neglect the act or omission was attributable.

• (2) The persons referred to in subsection (1)(b) above—

• (a) in relation to a body corporate, are—

• (i) any director, manager, secretary, or other similar officer of the body, or a person purporting to act in any such capacity; and

• (ii) where the affairs of a body corporate are managed by its members, any member in connection with that member’s functions of management; and

• (b) in relation to a Scottish partnership, are the partners.

• (3) Where any person pays a penalty by virtue of subsection (1) above, the body corporate, or Scottish partnership, in question shall not also be required to pay a penalty in respect of the same act or omission.

Regulations and orders

81

• (1) Any power of the Scottish Ministers under this Act to make regulations or orders shall be exercisable by statutory instrument.

• (2) Any power under this Act to make regulations or orders shall include power to make—

• (a) different provision for different cases and for different classes of case; and

• (b) such incidental, supplementary, consequential, saving or transitional provision as the Scottish Ministers consider necessary or expedient.

• (3) Subject to subsection (4) below, a statutory instrument containing regulations or an order made under this Act (other than an order made under section 84(2) of this Act) shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (4) A statutory instrument containing—

• (a) an order under section ... 68(1) or 69(1) of this Act;

• (b) regulations under section 3G(4), 3H(7), 13M(5), 13Q(4) 27A(5), 35A(1) , 35B(3)(b) or 41(1) or paragraph 26 of schedule A1 or which consist of or include provision made by virtue of section 64(1C) of this Act; or

• (c) regulations under section 3M(2)(c) which make provision about what may constitute a facility or measure,

shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.

Interpretation

82

• (1) In this Act—

• “charging scheme” has the meaning given by section 49(5) of this Act;

• “franchising framework” is to be construed in accordance with section 13A of this Act;

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39);

• “local transport authority” means—a local authority; ... the Shetland Transport Partnership; the South-West of Scotland Transport Partnership;the Strathclyde Passenger Transport Authority ; or the West of Scotland Transport Partnership;

• “local traffic authority” has the same meaning as in section 121A of the Road Traffic Regulation Act 1984 (c.27);

• “local transport strategy” means any strategy prepared, ... by (a) a local transport authority ; relating to transport in their area; or(b) a local traffic authority,

• “motor vehicle” has the meaning given by section 185(1) of the Road Traffic Act 1988 (c.52), except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) shall apply as it applies for the purposes of the Road Traffic Acts;

• ...

• “partnership scheme” is to be construed in accordance with section 3B of this Act;

• “registered keeper”, in relation to a charge imposed in respect of a motor vehicle, means the person in whose name the vehicle was registered under the Vehicle Excise and Registration Act 1994 (c.22) at the time of the contravention, act, omission, event or circumstances in respect of which the charge is imposed;

• “road” has the same meaning as in section 151 of the Roads (Scotland) Act 1984 (c.54);

• “stopping place” has the same meaning as in the 1985 Act;

• “the 1985 Act” means the Transport Act 1985 (c.67); and

• “ticketing scheme” shall be construed in accordance with section 29(3) of this Act.

• (2) Where a reference to a local transport authority in any of the following provisions is to the Strathclyde Passenger Transport Authority, that reference shall be construed as a reference to the Strathclyde Passenger Transport Executive—

• ...

• ...

• ...

• ...

• ...

• ...

• ...

• ...

• section 33(4);

• section 34;

• section 43; and

• section 68.

Minor and consequential amendments and repeals

83

Schedule 2 to this Act (which contains minor amendments, amendments consequential upon the provisions of this Act and repeals) shall have effect.

Short title and commencement

84

• (1) This Act may be cited as the Transport (Scotland) Act 2001.

• (2) The provisions of this Act, other than this section, shall come into force on such day as the Scottish Ministers may by order appoint.

• (3) Different days may be so appointed for different purposes.

SCHEDULE

Interpretation

1

In this schedule—

• “financial year” means a period of 12 months ending with 31st March;

• “net proceeds” means the amount (if any) by which the gross amount received under a charging scheme for a financial year exceeds the relevant expenses for the financial year; and

• “relevant expenses” means such of the expenses of making or operating a charging scheme as may be determined in accordance with regulations made by the Scottish Ministers.

Apportionment

2

A charging scheme which is made by two or more authorities jointly shall provide for the net proceeds of the scheme to be apportioned between (or among) those authorities.

3

References in this schedule to an authority’s share of the net proceeds of a charging scheme are—

• (a) where the net proceeds of the scheme are apportioned as provided by paragraph 2 above, to so much of the net proceeds of the scheme as are apportioned to the authority; and

• (b) otherwise, to the net proceeds of the scheme.

Accounts and funds

4

• (1) An account, in the prescribed form, of the income and expenditure in respect of each charging scheme shall be kept for each financial year by the charging authority or jointly by the charging authorities.

• (2) A statement of account prepared from an account kept by virtue of sub-paragraph (1) above for any financial year by a charging authority (whether or not jointly with another charging authority) shall be published, in the prescribed manner, in the annual accounts of the authority for the financial year.

• (3) In this paragraph “prescribed” means prescribed by regulations made by the Scottish Ministers.

Application of proceeds by charging authorities

5

• (1) A charging authority’s share of the net proceeds of any charging scheme is available only for application by—

• (a) the authority for the purpose of directly or indirectly facilitating the achievement of policies in the authority’s local transport strategy; or

• (b) a charging authority selected (the “selected authority”) by the authority whose share it is for the purpose of directly or indirectly facilitating the achievement of any policies of the selected authority’s local transport strategy in a way which will benefit the whole or any part of the area of the charging authority whose share it is.

• (2) A charging authority shall endeavour to apply their share of the net proceeds of a charging scheme only in ways which are economic, efficient and effective.

SCHEDULE

1

In section 92(8) of the Finance Act 1965 (grants towards duty charged on bus fuel), in the definition of “bus service”—

• (a) in paragraph (a), after “Act” there shall be inserted “or provided under a quality contract (within the meaning of Part 2 of the Transport (Scotland) Act 2001 (asp 2)”; and

• (b) in paragraph (b), for “II of that Act” there shall be substituted “II of the Transport Act 1985”.

Local Government (Scotland) Act 1973 (c. 65)

2

In section 211 of the Local Government (Scotland) Act 1973 (provision for default of local authority), after subsection (5) there shall be inserted—

(6) In this section any reference to an enactment includes a reference to the Transport (Scotland) Act 2001 (asp 2).

.

Road Traffic Regulation Act 1984 (c. 27)

3

• (1) The Road Traffic Regulation Act 1984 shall be amended in accordance with this paragraph.

• (2) In section 1 (traffic regulation orders)—

• (a) in subsection (3)—

• (i) after “State” there shall be inserted “or, as the case may be, the Scottish Ministers”; and

• (ii) after “is” there shall be inserted “or they are”; and

• (b) after subsection (3) there shall be inserted—

(3A) A local traffic authority may make a traffic regulation order in respect of a road in relation to which the Secretary of State is or, as the case may be, the Scottish Ministers are the traffic authority if— (a) the order is required for the provision of facilities pursuant to a quality partnership scheme under Part 2 of the Transport (Scotland) Act 2001 (asp 2); and (b) the consent of the Secretary of State or, as the case may be, the Scottish Ministers is obtained.

.

• (3) In paragraph 27 of Schedule 9 (variation and revocation of orders)—

• (a) in sub-paragraph (1), for the words “sub-paragraph (2)” there shall be substituted “sub-paragraphs (2) and (3)”; and

• (b) after sub-paragraph (2) there shall be inserted—

(3) Where an order is required for the provision of facilities pursuant to a quality partnership scheme made under Part 2 of the Transport (Scotland) Act 2001 (asp 2) by more than one authority— (a) it may not be varied or revoked by virtue of this paragraph by the Secretary of State or the Scottish Ministers unless he has, or they have, consulted the other authority or authorities who made the scheme; and (b) it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of the other authority or authorities who made the scheme.

.

Transport Act 1985 (c. 67)

4

• (1) The 1985 Act shall be amended in accordance with this paragraph.

• (2) In section 6(9) (registration of local services: matters in relation to which regulations may make provision)—

• (a) in paragraph (d), after “for”, where it first occurs, there shall be inserted “or in connection with”; and

• (b) in paragraph (e), after “commissioner”, where it second occurs, there shall be inserted “, in such form as he may require,”.

• (3) In section 63 (functions of local councils with respect to passenger transport in areas other than passenger transport areas), subsection (3) is repealed.

• (4) In section 82 (bus stations: restrictions on discriminatory practices), after subsection (4) there shall be inserted—

(4A) Nothing done pursuant to a quality partnership scheme under Part 2 of the Transport (Scotland) Act 2001 (asp 2) by— (a) the Strathclyde Passenger Transport Executive; (b) a local authority; or (c) a person to whom subsection (3) above applies, shall be taken to be discrimination prohibited by subsection (1) or (3) above.

.

• (5) In section 94(4) (definition of eligible service), for the words from “a service is” to the end there shall be substituted

“eligible service” means— (a) until the repeal of section 92 of the Finance Act 1965 (grants towards duty charged on bus fuel) is effected by the coming into force of section 38(6) of the Transport (Scotland) Act 2001 (asp 2), a service qualifying for fuel duty grant; and (b) on and after the repeal of that section, a service using public service vehicles of a class specified in an order made by the Scottish Ministers.

.

• (6) In section 103(3) (no subsidies for concessions available under a scheme), at the end there shall be added “or under a scheme made under section 68(1) of the Transport (Scotland) Act 2001 (asp 2).”.

• (7) In section 104 (travel concessions on services provided by Passenger Transport Executives)—

• (a) in subsection (1), for the words from “other than” to “that section” there shall be substituted “otherwise than in accordance with a scheme established under section 93 of this Act or made under section 68(1) of the Transport (Scotland) Act 2001 (asp 2)”; and

• (b) in subsection (2), after paragraph (a) there shall be inserted—

(aa) in accordance with any scheme made under section 68(1) of the Transport (Scotland) Act 2001 (asp 2); or

.

• (8) In section 105(1) (travel concessions on services provided by local authorities), for the words from “of any description” to the end there shall be substituted “in accordance with a scheme established under section 93 of this Act or made under section 68(1) of the Transport (Scotland) Act 2001 (asp 2).”.

Part 1 — Joint transport strategies

Directions

Part 2 — Bus services

Partnership plans and schemes

Franchising frameworks and franchise agreements

Proposed quality contract scheme

Ticketing arrangements and ticketing schemes

Provision of information

Financial and competition provisions

Bus User Complaints Tribunal

Miscellaneous

Power to obtain information about local services

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

Co-operation

Interpretation of Part

Part 3 — Road user charging

Road user charging schemes

Supplementary

Interpretation of Part

Part 4 — Miscellaneous

Travel concession schemes

Bridges

Grants for transport-related purposes

Financial assistance: inland waterway and sea freight

Disabled persons’ transport needs: power to establish committee

Motor vehicles used by disabled persons

Home zones

Financial assistance for inland waterway and sea freight

Public rights of passage: redetermination orders

Road safety information and training: subsidies

School crossing patrols

Home zones

Bicycle and motor cycle stands

Stands etc. for bicycles and motor cycles

Part 5 — General

Stands etc. for bicycles and motor cycles

SCHEDULE 1

1

In this schedule—

• “financial year” means a period of 12 months ending with 31st March;

• “net proceeds” means the amount (if any) by which the gross amount received under a charging scheme for a financial year exceeds the relevant expenses for the financial year; and

• “relevant expenses” means such of the expenses of making or operating a charging scheme as may be determined in accordance with regulations made by the Scottish Ministers.

2

A charging scheme which is made by two or more authorities jointly shall provide for the net proceeds of the scheme to be apportioned between (or among) those authorities.

3

References in this schedule to an authority’s share of the net proceeds of a charging scheme are—

• (a) where the net proceeds of the scheme are apportioned as provided by paragraph 2 above, to so much of the net proceeds of the scheme as are apportioned to the authority; and

• (b) otherwise, to the net proceeds of the scheme.

4

• (1) An account, in the prescribed form, of the income and expenditure in respect of each charging scheme shall be kept for each financial year by the charging authority or jointly by the charging authorities.

• (2) A statement of account prepared from an account kept by virtue of sub-paragraph (1) above for any financial year by a charging authority (whether or not jointly with another charging authority) shall be published, in the prescribed manner, in the annual accounts of the authority for the financial year.

• (3) In this paragraph “prescribed” means prescribed by regulations made by the Scottish Ministers.

5

• (1) A charging authority’s share of the net proceeds of any charging scheme is available only for application by—

• (a) the authority for the purpose of directly or indirectly facilitating the achievement of policies in the authority’s local transport strategy; or

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1A) A charging authority may, for the purposes of sub-paragraph (1) above, pay money to any local traffic authority, local transport authority or other person.

• (2) A charging authority shall endeavour to apply their share of the net proceeds of a charging scheme only in ways which are economic, efficient and effective.

SCHEDULE 2

1

In section 92(8) of the Finance Act 1965 (grants towards duty charged on bus fuel), in the definition of “bus service”—

• (a) in paragraph (a), after “Act” there shall be inserted “or provided under a quality contract (within the meaning of Part 2 of the Transport (Scotland) Act 2001 (asp 2)”; and

• (b) in paragraph (b), for “II of that Act” there shall be substituted “ II of the Transport Act 1985 ”.

Guidance

2

In section 211 of the Local Government (Scotland) Act 1973 (provision for default of local authority), after subsection (5) there shall be inserted—

(6) In this section any reference to an enactment includes a reference to the Transport (Scotland) Act 2001 (asp 2).

.

3

• (1) The Road Traffic Regulation Act 1984 shall be amended in accordance with this paragraph.

• (2) In section 1 (traffic regulation orders)—

• (a) in subsection (3)—

• (i) after “State” there shall be inserted “ or, as the case may be, the Scottish Ministers ”; and

• (ii) after “is” there shall be inserted “ or they are ”; and

• (b) after subsection (3) there shall be inserted—

(3A) A local traffic authority may make a traffic regulation order in respect of a road in relation to which the Secretary of State is or, as the case may be, the Scottish Ministers are the traffic authority if— (a) the order is required for the provision of facilities pursuant to a quality partnership scheme under Part 2 of the Transport (Scotland) Act 2001 (asp 2); and (b) the consent of the Secretary of State or, as the case may be, the Scottish Ministers is obtained.

.

• (3) In paragraph 27 of Schedule 9 (variation and revocation of orders)—

• (a) in sub-paragraph (1), for the words “sub-paragraph (2)” there shall be substituted “ sub-paragraphs (2) and (3) ”; and

• (b) after sub-paragraph (2) there shall be inserted—

(3) Where an order is required for the provision of facilities pursuant to a quality partnership scheme made under Part 2 of the Transport (Scotland) Act 2001 (asp 2) by more than one authority— (a) it may not be varied or revoked by virtue of this paragraph by the Secretary of State or the Scottish Ministers unless he has, or they have, consulted the other authority or authorities who made the scheme; and (b) it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of the other authority or authorities who made the scheme.

.

Transport Act 1985 (c.67)

4

• (1) The 1985 Act shall be amended in accordance with this paragraph.

• (2) In section 6(9) (registration of local services: matters in relation to which regulations may make provision)—

• (a) in paragraph (d), after “for”, where it first occurs, there shall be inserted “ or in connection with ”; and

• (b) in paragraph (e), after “commissioner”, where it second occurs, there shall be inserted “ , in such form as he may require, ”.

• (3) In section 63 (functions of local councils with respect to passenger transport in areas other than passenger transport areas), subsection (3) is repealed.

• (4) In section 82 (bus stations: restrictions on discriminatory practices), after subsection (4) there shall be inserted—

(4A) Nothing done pursuant to a quality partnership scheme under Part 2 of the Transport (Scotland) Act 2001 (asp 2) by— (a) the Strathclyde Passenger Transport Executive; (b) a local authority; or (c) a person to whom subsection (3) above applies, shall be taken to be discrimination prohibited by subsection (1) or (3) above.

.

• (5) In section 94(4) (definition of eligible service), for the words from “a service is” to the end there shall be substituted

“eligible service” means— (a) until the repeal of section 92 of the Finance Act 1965 (grants towards duty charged on bus fuel) is effected by the coming into force of section 38(6) of the Transport (Scotland) Act 2001 (asp 2), a service qualifying for fuel duty grant; and (b) on and after the repeal of that section, a service using public service vehicles of a class specified in an order made by the Scottish Ministers.

.

• (6) In section 103(3) (no subsidies for concessions available under a scheme), at the end there shall be added “ or under a scheme made under section 68(1) of the Transport (Scotland) Act 2001 (asp 2). ”.

• (7) In section 104 (travel concessions on services provided by Passenger Transport Executives)—

• (a) in subsection (1), for the words from “other than” to “that section” there shall be substituted “ otherwise than in accordance with a scheme established under section 93 of this Act or made under section 68(1) of the Transport (Scotland) Act 2001 (asp 2) ”; and

• (b) in subsection (2), after paragraph (a) there shall be inserted—

(aa) in accordance with any scheme made under section 68(1) of the Transport (Scotland) Act 2001 (asp 2); or

.

• (8) In section 105(1) (travel concessions on services provided by local authorities), for the words from “of any description” to the end there shall be substituted “ in accordance with a scheme established under section 93 of this Act or made under section 68(1) of the Transport (Scotland) Act 2001 (asp 2). ”.

Editorial notes