Transport (Scotland) Act 2005

(1) This paragraph applies if an objection to the application was made to the Scottish Ministers and has not been withdrawn. (1A) It does not apply, however, if— (a) the Scottish Ministers decide that the application is not to proceed further; (b) they consider the objection is frivolous or trivial; (c) the objection does not specify the grounds on which it is made; or (d) the objection was not made within the period allowed for making it. (1B) Before making their decision under paragraph 19, the Scottish Ministers may— (a) cause an inquiry to be held; or (b) give to the person who made the objection referred to in sub-paragraph (1) an opportunity of appearing before and being heard by a person appointed by them. (1C) Where— (a) the objection referred to in sub-paragraph (1) is made by a person within sub-paragraph (1D); and (b) the person informs the Scottish Ministers in writing that the person wishes the objection to be referred to an inquiry or dealt with in accordance with sub-paragraph (1B)(b), the Scottish Ministers shall, before making their decision under paragraph 19, either cause an inquiry to be held or, if they so determine, cause the objection to be dealt with in accordance with sub-paragraph (1B)(b). (1D) The persons within this sub-paragraph are— (a) any council constituted under the Local Government etc. (Scotland) Act 1994 (c. 39) for an area in which the harbour (or any part of it) is situated; and (b) if the order will authorise the compulsory acquisition of land, any person who is entitled to be served with notice under paragraph 11.

.

• (3) In sub-paragraph (2), for “sub-paragraph (1)(a)” there is substituted “ sub-paragraph (1B)(b) ”.

• (4) In sub-paragraph (3), paragraph (a) is repealed.

• (5) In paragraph 19 of that Schedule (decisions on an application for a harbour revision or empowerment order), there is inserted at the end of sub-paragraph (1)

; and (f) any written representations submitted to the Scottish Ministers by the applicant or any objector in elaboration of the application or, as the case may be, objection.

,

and the word “and” occurring between sub-paragraphs (1)(d) and (e) is repealed.

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

47

• (1) For paragraph 28 of Schedule 3 to the 1964 Act there is substituted—

(28) (1) This paragraph applies if an objection to the proposal was made to the Scottish Ministers and has not been withdrawn. (2) It does not, however, apply if— (a) the Scottish Ministers decide that the proposal is not to proceed further; (b) they consider the objection is frivolous or trivial; (c) the objection does not specify the grounds on which it is made; or (d) the objection was not made within the period allowed for making it. (3) Before making their decision under paragraph 29, the Scottish Ministers may— (a) cause an inquiry to be held; or (b) give to the person who made the objection referred to in sub-paragraph (1) an opportunity of appearing before and being heard by a person appointed by them. (4) Where— (a) the objection referred to in sub-paragraph (1) is made by a council constituted under the Local Government etc. (Scotland) Act 1994 (c. 39) for an area in which the harbour (or any part of it) is situated; and (b) the council informs the Scottish Ministers in writing that it wishes the objection to be referred to an inquiry or dealt with in accordance with sub-paragraph (3)(b), the Scottish Ministers shall, before making their decision under paragraph 29, either cause an inquiry to be held or, if they so determine, cause the objection to be dealt with in accordance with sub-paragraph (3)(b). (5) Where an objector is heard in accordance with sub-paragraph (3)(b), the Scottish Ministers shall allow such other persons as they think appropriate to be heard on the same occasion.

.

• (2) In paragraph 29 of that Schedule (decision on harbour revision order proposed by the Scottish Ministers)—

• (a) in sub-paragraph (1)(b), after “inquiry” there is inserted “ and of any person appointed for the purpose of hearing an objector ”; and

• (b) there is inserted at the end of sub-paragraph (1)

; and (c) any written representations submitted to the Scottish Ministers by an objector in elaboration of the objection.

,

and the word “and” between sub-paragraphs (1)(a) and (b) is repealed.

Transitional provision for sections 46 and 47

48

Nothing in section 46 or 47 of this Act applies—

• (a) in relation to an application for an order under section 14 or 16 of the 1964 Act if the application was made before those sections of this Act come into force; or

• (b) in relation to a proposal by the Scottish Ministers to make a harbour revision order of the Scottish Ministers' own motion in respect of which a notice was published in the Edinburgh Gazette under paragraph 26(1)(a) of Schedule 3 to the 1964 Act before those sections of this Act come into force.

Badges for vehicles used for disabled people: change of terminology

49

In section 21(4) of the Chronically Sick and Disabled Persons Act 1970 (c. 44) (badges for display on motor vehicles used by institutions concerned with the care of disabled people) for “institution”, in both places where it occurs, there is substituted “ organisation ”.

Extension of remit of Bus User Complaints Tribunal

50

In section 41 of the Transport (Scotland) Act 2001 (asp 2) (Bus User Complaints Tribunal)—

• (a) in subsection (7), for “local” in both places where it occurs, there is substituted “ bus ”;

• (b) after that subsection there is inserted—

(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.

.

Minor amendments of Transport (Scotland) Act 2001

51

• (1) The Transport (Scotland) Act 2001 (asp 2) is amended in accordance with subsections (2) to (9) below.

• (2) In section 48 (interpretation of Part 2 (bus services)), in the definition of “relevant general policies” in paragraph (a)—

• (a) after second “authority” there is inserted “ (i) ”; and

• (b) at the end there is inserted

; 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 matters which may be the subject matter of a quality partnership scheme or a quality contract scheme;

.

• (3) In section 54(2) (road not to be subject to charges under more than one charging scheme) for “A road shall not” there is substituted “ No part of a road shall ”.

• (4) In section 64 (which enables regulations for, among other things, the determination of disputes and appeals against those determinations)—

• (a) in subsection (1), in paragraph (a), for “relating to charging schemes” there is substituted “ arising under this Part of this Act ”; and

• (b) after that subsection there is inserted—

(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.

.

• (5) In section 66(4) (application of Act to motor vehicles and persons in public service of the Crown), for “subsection (2)” there is substituted “ subsection (3) ”.

• (6) In section 79(1) (issue of guidance to local traffic and transport authorities), in paragraph (d), after “authorities” there is inserted “ and local traffic authorities (or any one or more local traffic authorities) ”.

• (7) In section 81(4)(b) (which specifies the regulations that are to be made by way of affirmative resolution procedure), after “Act” there is inserted “ or which consist of or include provision made by virtue of section 64(1C) of this Act ”.

• (8) In section 82(1) (interpretation) in the definition of “local transport strategy”—

• (a) the words from “in” (where first occurring) to “Act” are repealed;

• (b) after “by” there is inserted “ (a) ”; and

• (c) after “authority” there is inserted

; or (b) a local traffic authority,

.

• (9) In schedule 1, in paragraph 5 (application by charging authorities of proceeds of road user charging)—

• (a) in sub-paragraph (1), sub-sub-paragraph (b) and the word “or” immediately preceding it are repealed; and

• (b) after that sub-paragraph there is inserted—

(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.

.

Part 4 — General

Orders and regulations

52

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

• (2) Subject to subsection (3) below, a statutory instrument containing an order (other than an order made under section 54(2) below) or regulations made under this Act shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (3) A statutory instrument containing an order made under section 1(1), 2(1) or (2), 10(1), 11(1), 13(1) or 40(1) above or regulations under section 18F shall not be made unless a draft of the order (or, as the case may be, regulations) has been laid before, and approved by a resolution of, the Scottish Parliament.

• (4) Orders and regulations under this Act may make—

• (a) different provision for different purposes; and

• (b) supplemental, incidental, consequential, transitory, transitional or saving provision.

Interpretation

53

• (1) In Part 1 of this Act, “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39).

• (2) In Part 2 of this Act—

• “authorised person” has the meaning given in section 18A(1),

• “the Commissioner” has the meaning given by section 16 above;

• “the 1984 Act” means the Roads (Scotland) Act 1984, and

• “the 1991 Act” means the New Roads and Street Works Act 1991 (c. 22).

• (3) Expressions used in Part 2 of this Act and in the 1991 Act have, in this Act, the same meaning as in that Act.

Short title and commencement

54

• (1) This Act may be cited as the Transport (Scotland) Act 2005.

• (2) This Act (except this section and section 52 above) comes into force in accordance with provision made by order by the Scottish Ministers.

SCHEDULE 1

Staff

1

A Transport Partnership shall appoint such employees as it considers necessary for the carrying out of its functions.

2

If—

• (a) proceedings are brought against an employee of a Transport Partnership in respect of—

• (i) anything done by the employee in accordance or purportedly in accordance with an enactment; or

• (ii) anything not done by the employee which it is alleged should have been done by the employee in accordance with an enactment; and

• (b) the Transport Partnership is satisfied that the employee honestly believed—

• (i) that the act or omission was within the scope of the employee's employment; and

• (ii) that the employee was, under the enactment, required or entitled to do what was done or omit to do what should have been done,

then the Transport Partnership may indemnify all or any part of any damages or expenses which the employee might have been ordered to pay or might have or has incurred.

3

A Transport Partnership—

• (a) shall obtain an appropriate guarantee for the accounting for all money and property which is or is likely to be in the custody or under the control of its employees;

• (b) may obtain such a guarantee for all money and property which is or is likely to be in the custody or under the control of any person other than one of its employees.

4

If it comes to the knowledge of a person who is an employee of a Transport Partnership that a contract in which the person has a direct or indirect pecuniary interest (not being a contract to which that person is a party) has been or is proposed to be entered into by the Transport Partnership, that person shall, as soon as practicable, give written notice of that fact to the Transport Partnership.

5

• (1) An employee of a Transport Partnership who, under colour of the employment, accepts any fee or reward other than remuneration and expenses commits an offence.

• (2) A person who commits such an offence is liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

Land

6

• (1) For the purposes of its functions, a Transport Partnership may—

• (a) acquire by agreement; or

• (b) if authorised by the Scottish Ministers, purchase compulsorily,

any land.

• (2) Sub-paragraph (1)(b) above—

• (a) does not apply in relation to Crown land (within the meaning of section 242 of the Town and Country Planning (Scotland) Act 1997 (c. 8)); and

• (b) is subject to any other enactment conferring on the Transport Partnership power to acquire land compulsorily.

• (3) The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) applies in relation to the compulsory purchase of land under sub-paragraph (1)(b) above as if—

• (a) that provision were contained in an Act in force immediately before the commencement of that Act; and

• (b) the Transport Partnership were a local authority.

• (4) The power to acquire or purchase land under sub-paragraph (1) above includes power to acquire a servitude or other right in or over land by the creation of a new right.

• (5) A Transport Partnership may develop its land for the purposes of its functions in such manner as it thinks fit.

7

• (1) A Transport Partnership may—

• (a) develop, for use by other persons, any of its land no longer required for the purposes of its functions; or

• (b) develop for use wholly or partly by other persons any of its land the use of which for the purposes of its functions (not including those conferred by this paragraph) can be combined with that other use,

with a view to selling or otherwise disposing of the land (or any right or interest in or over it) after the development is carried out.

• (2) A Transport Partnership may acquire land adjacent to its own for the purposes of developing it under sub-paragraph (1) above together with its own.

8

In paragraphs 6 and 7 above, references to the functions of a Transport Partnership do not include those conferred by paragraph 7 above.

9

• (1) A Transport Partnership may dispose of land; and section 74(2) to (2H) of the Local Government (Scotland) Act 1973 (c. 65) (disposal for best consideration) applies in relation to a Transport Partnership as it applies in relation to a local authority.

• (2) The power to dispose of land under sub-paragraph (1) above includes power to dispose of a servitude or other right in or over the land by the creation of a new right.

Private legislation

10

• (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.