Transport (Scotland) Act 2005

• (1) A Transport Partnership may, if it thinks fit, promote or oppose private legislation in the Scottish Parliament.

• (2) The power conferred by sub-paragraph (1) above on a Transport Partnership includes power to continue the promotion or opposition of private legislation in the circumstances set out in sub-paragraph (3) below.

• (3) Those circumstances are—

• (a) where the function in pursuance of which the legislation was first promoted or opposed was transferred to the Transport Partnership under section 10 above after the introduction of the Bill for the legislation;

• (b) in a case where that function was transferred to the Scottish Ministers under section 13 above after the introduction of that Bill, where the Scottish Ministers have directed that the Transport Partnership specified in the direction is to continue the promotion or opposition of that legislation; or

• (c) a combination of the circumstances set out in sub-sub-paragraphs (a) and (b) above.

Participation in community planning

11

In the Local Government in Scotland Act 2003 (asp 1)—

• (a) in section 16 (participation of public bodies in community planning)—

• (i) in subsection (1), after paragraph (h) there is inserted—

(i) a Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12)

; and

• (ii) in subsection (2), for “(h)” there is substituted “ (i) ”; and

• (b) in section 17 (reports etc. on implementation of community planning), in subsection (3), for “(h)” there is inserted “ (i) ”.

Forming companies

12

A Transport Partnership may (whether alone or with others, who need not be Transport Partnerships) form or promote companies under the Companies Act 2006.

Legal proceedings, notices etc.

13

• (1) Sections 189 to 193, 195 and 197 to 199 (legal proceedings, notices etc.) of the Local Government (Scotland) Act 1973 (c. 65) apply in relation to a Transport Partnership as they apply in relation to a council.

• (2) A Transport Partnership shall appoint one of its employees as its proper officer for the purposes of sections 190, 191 and 193 of the Local Government (Scotland) Act 1973.

Reporting and information

14

A Transport Partnership shall—

• (a) as soon as practicable after the end of each financial year, give the Scottish Ministers and publish a report on the performance of its functions during that year;

• (b) provide the Scottish Ministers with such information about the performance of those functions as they may require.

Finance etc.

15

• (1) The Local Government (Scotland) Act 1973 (c. 65) is amended in accordance with sub-paragraphs (2) and (3) below.

• (2) In section 106(1) (application of Part VII (finance) to bodies other than local authorities) after paragraph (b) there is inserted—

(ba) a Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12);

.

• (3) In section 118(5) (authorities required to make local financial returns), after “authorities” there is inserted “ or any Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12) ”.

• (4) A Transport Partnership shall appoint one of its employees as its proper officer for the purposes of Part VII of the 1973 Act.

• (5) In section 61(c) of the Local Government in Scotland Act 2003 (asp 1) (meaning of “local authority” for purposes of Act), in sub-paragraph (iv), after “board”, where secondly occurring, there is inserted “ , a Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12) ”.

Contracts etc.

16

• (1) The following enactments apply in relation to a Transport Partnership as they apply in relation to a council—

• (a) the Local Authority (Goods and Services) Act 1970 (c. 39);

• (b) the Local Government Contracts Act 1997 (c. 65); and

• (c) sections 78 to 81 (building, contracts etc.) of the Local Government (Scotland) Act 1973 (c. 65).

• (2) The Local Government Act 1988 (c. 9) is amended in accordance with sub-paragraphs (3) and (4) below.

• (3) In section 1(1) (defined bodies) after paragraph (g) there is inserted—

(ga) a Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12),

.

• (4) In Schedule 2 (bodies to which Part 2 of the Act applies), after the entry for a National Park Authority in Scotland there is inserted the following entry— “ A Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12) ”.

• (5) In section 61(c) of the Local Government in Scotland Act 2003 (asp 1) (meaning of “local authority” for purposes of Act)—

• (a) in sub-paragraph (iii), the words “and sections 51 and 52 above” are repealed; and

• (b) after paragraph (iv) there is inserted—

(iva) in sections 51 and 52 above, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39), a joint fire board, a joint police board and a Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12);

.

Standards of members' conduct

17

In schedule 3 to the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7) (devolved public bodies for the members of which there are to be codes of conduct under the Act), after the entry for the State Hospitals Board for Scotland there is inserted the following entry— “ A Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12) ”.

Expenses of observers

18

A Transport Partnership may pay to persons appointed, as respects the Partnership, as observers under section 1(2)(i) above such expenses as the Partnership determines.

Investigation

19

In Part 1 of schedule 2 to the Scottish Public Services Ombudsman Act 2002 (asp 11) (authorities liable to investigation and not subject to removal from that liability), after the entry numbered 11 there is inserted the following entry—

(11A) Any Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12)

.

Freedom of information

20

In schedule 1 to the Freedom of Information (Scotland) Act 2002 (asp 13) (public authorities subject to duty to disclose information), after the entry numbered 24 there is inserted the following entry—

(24A) A Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12).

.

SCHEDULE 2

Staff

1

• (1) The Commissioner may, with the consent of the Scottish Ministers as to numbers and terms and conditions, appoint staff.

• (2) The Commissioner may, with the approval of the Scottish Ministers, make arrangements for the payment of pensions, allowances or gratuities to, or in respect of, any person who has ceased to be a member of the staff of the Commissioner and may, in particular—

• (a) make contributions or payments towards provision for such pensions, allowances or gratuities;

• (b) establish and administer one or more pension schemes.

• (3) Section 16(4) of this Act applies to staff appointed under this paragraph as it applies to the Commissioner.

Accounts

2

The Commissioner shall—

• (a) prepare, for each financial year and in accordance with directions given by the Scottish Ministers, an account of the Commissioner's income and expenditure; and

• (b) send the account, by such time as the Scottish Ministers may direct, to the Auditor General for Scotland for auditing.

Reports and information

3

• (1) The Commissioner shall—

• (a) as soon as practicable after the end of each financial year, give the Scottish Ministers and publish a report on the performance of the Commissioner's functions during that year;

• (b) provide the Scottish Ministers with such information about the performance of those functions as they may require.

• (2) A report under sub-paragraph (1)—

• (a) must include information on the use made during the year of the Commissioner's inspection functions conferred by section 18A or by virtue of section 18F,

• (b) may include recommendations—

• (i) as to how to improve the carrying out of works in roads,

• (ii) in furtherance of the Commissioner's functions under section 17(1)(b) or (c),

• (iii) on any other matter relating to the Commissioner's functions.

• (3) The Commissioner may at any time give the Scottish Ministers and publish a report on any person who has functions conferred on or permissions granted to them by or under the 1991 Act who has—

• (a) failed to comply with the 1991 Act and any obligations imposed on them under it, or

• (b) failed to follow good practice within the meaning of section 17(4).

Freedom of information

4

In schedule 1 to the Freedom of Information (Scotland) Act 2002 (asp 13) (public authorities subject to duty to disclose information), after the entry numbered 97 there is inserted the following entry—

(97A) The Scottish Road Works Commissioner.

.

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5

SCHEDULE 6

SCHEDULE 7

Dissolution of regional Transport Partnerships

Creation, appointment, status and funding of Scottish Road Works Commissioner

Directions as to timing of road works

Restriction on works following substantial road works

Restriction on works following substantial road works

Enforcement of sections 118 and 119 of 1991 Act

Duty of undertakers to co-operate with authorities and other undertakers

Notices requiring remedial works relating to reinstatements

Resurfacing: regulations and guidance

Fixed penalty offences

Fixed penalty offences

Consultation on regulations and codes of practice

Public Transport Users' Committee for Scotland

Consultation on regulations and codes of practice

National travel concession schemes

Modification of Highlands and Islands Shipping Services Act 1960 and loans for transport-related purposes

Modification of Highlands and Islands Shipping Services Act 1960 and loans for transport-related purposes

Amendment of procedure for dealing with applications for harbour orders

Amendment of procedure where harbour revision orders are made by the Scottish Ministers of their own motion

Extension of remit of Bus User Complaints Tribunal

Minor amendments of Transport (Scotland) Act 2001

Minor amendments of Transport (Scotland) Act 2001

Orders and regulations

Staff

Land

Private legislation

Participation in community planning

Forming companies

Legal proceedings, notices etc.

Reporting and information

Finance etc.

Contracts etc.

Standards of members' conduct

Expenses of observers

Investigation

Freedom of information

Staff

Accounts

Reports and information

Freedom of information

Editorial notes

[^key-5f09e3a348b468b58e9d649be95fa210]: S. 1 in force at 14.9.2005 by S.S.I. 2005/454, art. 2, Sch. 1

[^key-4d1dcdd0c7816dcea217b03c440dc433]: S. 13 in force at 14.9.2005 by S.S.I. 2005/454, art. 2, Sch. 1

[^key-02c898f744cd27e24d2f1ea088f4cf5f]: S. 2 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-a6c48996a670ae0a2040fcbf3b41038b]: S. 3 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-4d1b0e33579b4972963427ce01648b2e]: S. 4 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-9545985341c50ce3eec4b093716f1cee]: S. 5 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-1286de6502dc5098c7f9367f5fd72c14]: S. 6 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-b4444334614ad6783a17c66108a67bf0]: S. 7 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-3761a1a23f9914ce814c685b68e57e07]: S. 8 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-ded23ebdf029ce72fc76debb4f2119ef]: S. 9 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-e3e21aee55c5fe75940646d5875f7009]: S. 10 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-a1e7519d4f9101bebeaeb9490c491b80]: S. 11 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-8df60fa44566770730d74aa09f944312]: S. 12 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-12f2d240bdc53cb66590b2fc816464e5]: S. 14 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-ea209a52a7dd56e5d3fef48ce9138fd7]: S. 15 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-6614b540ab24eb549de455d2779a37e1]: S. 16 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-41546022a35a0e56d39d90a6143a4da6]: S. 17 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-fa57a984707887997894bc8d7ca47586]: S. 40 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-37bc14858c62c0b609e5c5e6b7a9df83]: S. 44 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-bf9b0a502bc6bc325c23d549b34ef903]: S. 45 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-64eede8fb4c82d008a2a48e5d3b8ef95]: S. 46 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-aa23744099da28cb150772b47791a2f9]: S. 47 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-4ebf4dda5dced45572c0f74e6b90621a]: S. 48 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-3c69f9357e071d184bad3699ef1a7ae5]: S. 51 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-ba9e97491ee839c57819572b8ed2c8e7]: S. 53 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-f32668d752a0cc6879141aa40ee8b7be]: Sch. 1 para. 1 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-c43dd86be760dc474ffcb4e4d5a6e69b]: Sch. 1 para. 2 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-e57f72bf5c494cb9304c4c7c40aa6093]: Sch. 1 para. 3 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-afbe17160264b6bb642c27ea5d0bae1e]: Sch. 1 para. 4 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-7cd82c565d54d4008a31a40df88f3b08]: Sch. 1 para. 5 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-cafb92cc840e3f287916b4a650af80b0]: Sch. 1 para. 6 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-e1083608d2c87d9891d741d38ac504c5]: Sch. 1 para. 7 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-489be70e61e37e8dd8355dd000ec23ac]: Sch. 1 para. 8 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-7f8c96636ab976162915fbf9461a0563]: Sch. 1 para. 9 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-46421e54fcc0cd13a01805aebf782a01]: Sch. 1 para. 10 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-5ce3c3b0b7a529d89704a5e0d2296427]: Sch. 1 para. 12 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-025b8d9aec0b2fc6cde20cd7d9cf7df3]: Sch. 1 para. 13 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-b0eb816b8a400d6f5f5b52c2cada9a00]: Sch. 1 para. 14 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-8026c6c2bcbabf0294963566e639dee8]: Sch. 1 para. 15 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-afdfc1a5025ec88f0b05b5c2c3464d7b]: Sch. 1 para. 16 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-328aeae220c8db630660c6edaa0eec83]: Sch. 1 para. 17 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-db92bb6351ba826d556c712747e83032]: Sch. 1 para. 18 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-ea06b4936f2cde1b2ce4c8aa90f8be44]: Sch. 1 para. 19 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-78d223e9d1ecb281782863ee19c447ba]: Sch. 2 para. 1 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-2474a638e6c64ebbe2b0a06a9f7d2b39]: Sch. 2 para. 2 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-be5b63f972695773dbe8a603c1a969e7]: Sch. 2 para. 3 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-99f3c1473b59ebcc2d23e2fb88954d57]: Sch. 2 para. 4 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-4cd2f9f54f96b436d4d7250bcfb33adc]: S. 50 in force at 10.10.2005 by S.S.I. 2005/454, art. 2, Sch. 2

[^key-3c8344fced4245cdaf649d3f5d412b45]: S. 41 in force at 3.4.2006 by S.S.I. 2005/454, art. 2, Sch. 3

[^key-a942bdb9a9819da54890e85035cb62f2]: S. 42 in force at 3.4.2006 by S.S.I. 2005/454, art. 2, Sch. 3

[^key-c8f33a85f2f2dc42e789d201a1a3bf92]: S. 43 in force at 3.4.2006 by S.S.I. 2005/454, art. 2, Sch. 3

[^key-60127227d8ce1bfc90498bb35dd08ff1]: Sch. 1 para. 20 in force at 3.4.2006 by S.S.I. 2005/454, art. 2, Sch. 3

[^key-acbeeab462ef246fd8ed04b716ef0686]: Sch. 1 para. 11 in force at 3.4.2006 by S.S.I. 2005/454, art. 2, Sch. 3

[^key-3cb9b87c85b0cd9e9f03c4cbb8842a57]: S. 49 in force at 1.4.2007 by S.S.I. 2007/161, art. 2

[^key-f5a6ea8388740dde8e7540503926b2e1]: S. 25 in force at 1.10.2007 by S.S.I. 2007/409, art. 2

[^key-01d175742e4d4c22b01688b9ef553708]: S. 39 in force at 1.10.2007 by S.S.I. 2007/409, art. 2

[^key-39fd35ff81cbdcfb9f855f003f3bc320]: S. 19(1)(7) in force at 29.2.2008 for specified purposes by S.S.I. 2008/15, art. 2(1) (with art. 3)

[^key-c6ae1bb70cb88b55b7fc38c752caad90]: S. 19(1)(7) in force at 1.4.2008 in so far as not already in force by S.S.I. 2008/15, art. 2(2), Sch. 1 (with art. 3)

[^key-7cc7a1468f35c75f015793a1c872d578]: S. 22(1)(b)(c)(2) in force at 1.4.2008 by S.S.I. 2008/15, art. 2(2), Sch. 1 (with art. 3)

[^key-e62e42d1b532c4744f3abb9a0ff34ca8]: S. 20 in force at 1.4.2008 by S.S.I. 2008/15, art. 2(2), Sch. 1

[^key-127890ca5f61e44db8856cc404a3230f]: S. 21 in force at 1.4.2008 by S.S.I. 2008/15, art. 2(2), Sch. 1

[^key-91bf4e1a2173900c58f71a8b560b170e]: S. 36 in force at 1.4.2008 by S.S.I. 2008/15, art. 2(2), Sch. 1

[^key-40714458a535b4712a3b785717ea0db7]: S. 23 in force at 1.4.2008 by S.S.I. 2008/15, art. 2(2), Sch. 1

[^key-3845c4e542cf9c42f253cec6f4c5b9ec]: S. 24 in force at 1.4.2008 by S.S.I. 2008/15, art. 2(2), Sch. 1

[^key-34c06677c392319d792c4bf7ae7376a5]: S. 26 in force at 1.4.2008 by S.S.I. 2008/15, art. 2(2), Sch. 1

[^key-665639620b4e53acf96b348787e80727]: S. 27 in force at 1.4.2008 by S.S.I. 2008/15, art. 2(2), Sch. 1

[^key-8a0b8c7e4ae515f6cda0d4f489c29726]: S. 28 in force at 1.4.2008 by S.S.I. 2008/15, art. 2(2), Sch. 1

[^key-37a52983b8c44936e214e90510e60be9]: S. 29 in force at 1.4.2008 by S.S.I. 2008/15, art. 2(2), Sch. 1

[^key-c5ebb203f893fd41251bfa86cf6e5c24]: S. 18 in force at 1.4.2008 by S.S.I. 2008/15, art. 2(2), Sch. 1

[^key-ca9350bfa719728bb70d572ce5267d26]: S. 33 in force at 1.4.2008 by S.S.I. 2008/15, art. 2(2), Sch. 1

[^key-fd8e659643d35631dba9ccc951af720e]: Sch. 3 in force at 1.4.2008 by S.S.I. 2008/15, art. 2(2), Sch. 1

[^key-c3535d83a4da649ebf7229c5cf0dfd21]: S. 19(2)-(6) in force at 1.4.2008 by S.S.I. 2008/15, art. 2(2), Sch. 1 (with art. 3)

[^key-aab6a7ed4cfff6848affa68bc63e3bca]: S. 34 in force at 1.10.2008 by S.S.I. 2008/15, art. 2(3), Sch. 2

[^key-04fca64ba10ae8a3b14571238e884028]: S. 37 in force at 1.10.2008 by S.S.I. 2008/15, art. 2(3), Sch. 2

[^key-ee95bc34bae119156afb660a48e92965]: Sch. 4 in force at 1.10.2008 by S.S.I. 2008/15, art. 2(3), Sch. 2

[^key-249a0c46a53c6cbb89f779065a6e0a34]: Sch. 5 in force at 1.10.2008 by S.S.I. 2008/15, art. 2(3), Sch. 2

[^key-4a95dfe4131acd7a5c61219ba4649f91]: Sch. 6 in force at 1.10.2008 by S.S.I. 2008/15, art. 2(3), Sch. 2

[^key-fbb63574b26f5ca22f25c122e82ec222]: Sch. 7 in force at 1.10.2008 by S.S.I. 2008/15, art. 2(3), Sch. 2

[^key-1503284f14e874a113757b609d7ecf13]: Words in Sch. 1 para. 12 substituted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 251 (with art. 10)

[^key-6d3a967b1c1df8c88d9c6361235264dc]: Word in s. 3(4) inserted (19.3.2020) by Transport (Scotland) Act 2019 (asp 17), ss. 122(1)(a)(i), 130(2) (with s. 126); S.S.I. 2020/68, reg. 2(a)

[^key-9199266ddf8db51cd5e198799355628c]: Words in s. 3(4) inserted (19.3.2020) by Transport (Scotland) Act 2019 (asp 17), ss. 122(1)(a)(ii), 130(2) (with s. 126); S.S.I. 2020/68, reg. 2(a)

[^key-1ff2f65abf96fd91f9702e3c2d458e03]: Word in s. 3(4) repealed (19.3.2020) by Transport (Scotland) Act 2019 (asp 17), ss. 122(1)(a)(iii), 130(2) (with s. 126); S.S.I. 2020/68, reg. 2(a)

[^key-9d24f26cd663affec143b957f2f5db66]: S. 3(4)(d) inserted (19.3.2020) by Transport (Scotland) Act 2019 (asp 17), ss. 122(1)(a)(iv), 130(2) (with s. 126); S.S.I. 2020/68, reg. 2(a)

[^key-fbeb26290b6bcd1e76ff2318099c7518]: S. 3(4A) inserted (1.4.2020) by Transport (Scotland) Act 2019 (asp 17), ss. 122(1)(b), 130(2) (with s. 126); S.S.I. 2020/68, reg. 2(b)

[^key-3cdccefc8c2eb2c4a0512818ab4f10aa]: S. 16(4A) inserted (14.1.2021) by Transport (Scotland) Act 2019 (asp 17), ss. 109(2), 130(2) (with s. 126); S.S.I. 2020/429, reg. 2(f)

[^key-1f82ce2fab4bb92613ca95d87f8dc7b7]: S. 30 repealed (10.1.2022) by Transport (Scotland) Act 2019 (asp 17), s. 130(2), sch. para. 7(3) (with s. 126); S.S.I. 2021/428, reg. 2, sch.

[^key-5fffe2174fa562902a64321a05cb364f]: S. 31 repealed (10.1.2022) by Transport (Scotland) Act 2019 (asp 17), s. 130(2), sch. para. 7(3) (with s. 126); S.S.I. 2021/428, reg. 2, sch.

[^key-c8aecaacd12173ce98e8b65f743dcd30]: S. 32 repealed (10.1.2022) by Transport (Scotland) Act 2019 (asp 17), s. 130(2), sch. para. 7(3) (with s. 126); S.S.I. 2021/428, reg. 2, sch.

[^key-6ef2045a5ad1ff3fac5771fa9a05b2ab]: S. 10(5)(za) inserted (24.6.2022) by Transport (Scotland) Act 2019 (asp 17), s. 130(2), sch. para. 4(2)(a) (with s. 126); S.S.I. 2022/204, reg. 2(b)

[^key-3465eaf6becb540023f844e17a494db7]: S. 22(1)(a) repealed (22.9.2023) by Transport (Scotland) Act 2019 (asp 17), s. 130(2), sch. para. 7(2) (with s. 126); S.S.I. 2023/250, sch.

[^key-50ec5fe2b62df6ded3c7c9189303b15c]: S. 10(5)(a) substituted (4.12.2023) by Transport (Scotland) Act 2019 (asp 17), s. 130(2), sch. para. 4(2)(b) (with s. 126); S.S.I. 2023/250, sch.

[^key-d955ead66e930adc71a61c9a5fb34bde]: Words in s. 10(5)(b) substituted (4.12.2023) by Transport (Scotland) Act 2019 (asp 17), s. 130(2), sch. para. 4(2)(c) (with s. 126); S.S.I. 2023/250, sch.

[^key-4d84d76a86783d1bdc2a2b43677dc396]: Ss. 18A-18F inserted (1.4.2024) by Transport (Scotland) Act 2019 (asp 17), ss. 110(2), 130(2) (with s. 126); S.S.I. 2023/250, sch.

[^key-ccc59f71aea2ac3a88e2a95ae8036533]: Words in s. 52(3) inserted (1.4.2024) by Transport (Scotland) Act 2019 (asp 17), ss. 110(3)(a), 130(2) (with s. 126); S.S.I. 2023/250, sch.

[^key-10e8abba7a6d69ed8bc0415c85997663]: Words in s. 52(3) inserted (1.4.2024) by Transport (Scotland) Act 2019 (asp 17), ss. 110(3)(b), 130(2) (with s. 126); S.S.I. 2023/250, sch.

[^key-0fd6fbd1735c8e400b23aeee681729b6]: Words in s. 53(2) inserted (1.4.2024) by Transport (Scotland) Act 2019 (asp 17), s. 130(2), sch. para. 7(4)(a) (with s. 126); S.S.I. 2023/250, sch.

[^key-ca30758b020356bf788785e14e547614]: Words in s. 53(2) inserted (1.4.2024) by Transport (Scotland) Act 2019 (asp 17), s. 130(2), sch. para. 7(4)(b) (with s. 126); S.S.I. 2023/250, sch.

[^key-c48a7800858986b5527c932a6e359b62]: Sch. 2 para. 3 renumbered as sch. 3 para. 3(1) (1.4.2024) by Transport (Scotland) Act 2019 (asp 17), ss. 110(4)(a), 130(2) (with s. 126); S.S.I. 2023/250, sch.

[^key-19d56585fa6be9945be9cd291525d212]: Sch. 2 para. 3(2)(3) inserted (1.4.2024) by Transport (Scotland) Act 2019 (asp 17), ss. 110(4)(b), 130(2) (with s. 126); S.S.I. 2023/250, sch.

Duty of road works authority to co-ordinate road works etc.

Duty of undertaker to notify completion of road works: form and procedure

Civil penalties for certain offences under 1991 Act

Fixed penalty offences under the Roads (Scotland) Act 1984

National travel concession schemes

Guidance and direction to the Committee

Amendment of procedure for dealing with applications for harbour orders

Amendment of procedure where harbour revision orders are made by the Scottish Ministers of their own motion

Badges for vehicles used for disabled people: change of terminology

Interpretation

18A

• (1) The Commissioner or an inspector (“the authorised person”) may—

• (a) enter any premises of the type mentioned in subsection (3) and inspect it and anything in it,

• (b) require the production of any information relating to the fulfilment of specified functions or obligations, and specify the form in which the information is to be produced,

• (c) take copies of, or take possession of, information (in whatever form) which relates to the fulfilment of specified functions or obligations and retain it for as long as the authorised person reasonably considers necessary,

• (d) carry out an examination of, and conduct tests on, any equipment used or to be used in fulfilling specified functions or obligations by—

• (i) an undertaker,

• (ii) a road works authority, or

• (iii) a roads authority,

• (e) require any person to provide the authorised person with such facilities and assistance as the authorised person reasonably considers necessary.

• (2) The powers in subsection (1) may be exercised only for the purposes of—

• (a) establishing whether an offence has been committed under the 1991 Act,

• (b) establishing whether a duty under section 118 or 119 of the 1991 Act has been breached, or

• (c) establishing whether a duty under section 60(3A) or 61B of the 1984 Act has been breached.

• (3) The premises referred to in subsection (1)(a) are—

• (a) any premises (other than any premises that is used as a dwelling) occupied or used by any of the following persons for the purposes of exercising their functions as—

• (i) an undertaker,

• (ii) a road works authority, or

• (iii) a roads authority, or

• (b) any land on which works in roads are being carried out.

• (4) For the purposes of this section—

• (a) an “inspector” means a member of staff—

• (i) appointed under paragraph 1(1) of schedule 2, and

• (ii) designated by the Scottish Ministers as an inspector for the purpose of this section,

• (b) a “specified function or obligation” means—

• (i) any function or obligation under the 1991 Act, or

• (ii) any function or obligation under the 1984 Act so far as it relates to works in roads.

18B

• (1) This section applies to the powers conferred by section 18A(1).

• (2) A sheriff may grant a warrant under this subsection only if the sheriff is satisfied, by evidence on oath—

• (a) that there are reasonable grounds for entering premises—

• (i) for a purpose specified in section 18A(2), and

• (ii) of a type mentioned in section 18A(3)(a), and

• (b) that—

• (i) entry to the premises has been refused,

• (ii) such a refusal is reasonably expected,

• (iii) the premises are unoccupied, or

• (iv) the occupier is temporarily absent.

• (3) A warrant authorises an authorised person—

• (a) to enter the premises,

• (b) to exercise any other power conferred by section 18A(1), and

• (c) if necessary, to use reasonable force in doing so.

• (4) A warrant expires—

• (a) 28 days after the day on which the warrant was granted, or

• (b) if earlier, when any period as is specified in it for the purpose for which it was granted expires.

18C

• (1) This section applies to the powers conferred by section 18A(1) (whether exercised by virtue of that section or under a warrant granted under section 18B).

• (2) The power of entry may be exercised only at a reasonable time of day.

• (3) An authorised person seeking to exercise a power must, on request, produce evidence of the person's identity and authorisation before exercising the power.

• (4) An authorised person may take onto the premises such other persons, and such materials and equipment, as the authorised person considers necessary.

• (5) If an authorised person enters the premises by virtue of a warrant, the authorised person must, if taking possession of anything under section 18A(1)(c), leave a statement on the premises giving particulars of what has been taken and by whom.

• (6) On leaving any premises which an authorised person is authorised to enter under a warrant, the person must, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against entry as the authorised person found them.

18D

• (1) A person commits an offence if the person—

• (a) without reasonable excuse, fails to comply with a requirement of an authorised person, or

• (b) intentionally obstructs an authorised person in the exercise of a power conferred by section 18A(1) or by virtue of section 18F.

• (2) A person who commits an offence under subsection (1) is liable—

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

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

18E

• (1) An authorised person does not incur any civil or criminal liability for anything done or omitted to be done in the exercise or purported exercise of a power conferred by section 18A(1) or by virtue of section 18F.

• (2) Subsection (1) does not apply where it is proved that—

• (a) the authorised person acted in bad faith,

• (b) the authorised person failed to exercise a reasonable degree of care and skill, or

• (c) the authorised person did not act on reasonable grounds.

• (3) For the purpose of subsection (1), no regard is to be had to any defect in the appointment of an authorised person.

• (4) Subsection (1) does not affect any liability of any other person in respect of things done or omitted to be done by the authorised person.

18F

• (1) The Scottish Ministers may by regulations make further provision about the functions of authorised persons in relation to inspections.

• (2) Regulations under subsection (1) may, in particular, make provision—

• (a) conferring powers on an authorised person,

• (b) specifying requirements with which an authorised person must comply.

Directions as to timing of road works

Directions as to placing of apparatus in roads

Duty of road works authority to co-ordinate road works etc.

Duty of undertakers to co-operate with authorities and other undertakers

Duty of authorities, undertakers etc. to ensure competence of employees etc.

Notices requiring remedial works relating to reinstatements

Power of road works authority to require undertaker to resurface road

Fixed penalty offences under the Roads (Scotland) Act 1984

Civil penalties for certain offences under the roads (Scotland) Act 1984

Functions of the Committee

Modification of Highlands and Islands Shipping Services Act 1960 and loans for transport-related purposes

Amendment of procedure for dealing with applications for harbour orders

Amendment of procedure where harbour revision orders are made by the Scottish Ministers of their own motion

Transitional provision for sections 46 and 47

Extension of remit of Bus User Complaints Tribunal

Minor amendments of Transport (Scotland) Act 2001

Orders and regulations