Acts of the Scottish Parliament

2001 asp 2

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 20th December 2000 and received Royal Assent on 25th January 2001

An Act of the Scottish Parliament to make provision about transport; to make provision as respects certain bridges; to amend section 21 of the Chronically Sick and Disabled Persons Act 1970; to amend section 40 of the Road Traffic Act 1988; to amend sections 26, 28 and 63 of the Road Traffic Regulation Act 1984; and for connected purposes.

(a) dealing with such matters; and

(b) for such purposes,

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

(b) such other persons as they consider appropriate.

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

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

(c) the procedures relating to the preparation and making of it; and

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

(a) no strategy is-

(i) prepared; or

(ii) submitted,

as required by that order; or

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

(a) that public body; and

(b) such other persons as they consider appropriate.

(a) to any extent implement their relevant general policies in the area to which the proposed scheme relates; and

(b) either-

(i) improve the quality of local services and facilities provided in the area to which the proposed scheme relates in such a way as to bring material benefits to persons using those services and facilities; or

(ii) reduce or limit traffic congestion, noise or air pollution.

(a) the authority provide, during such periods as may be specified in the scheme, such facilities as may be so specified (in this Part of this Act facilities so specified being referred to as "specified facilities") in the area to which the scheme relates; and

(b) operators of local services who wish to use the specified facilities are required to undertake to provide, during such periods as may be specified in the scheme, local services of such standard as may be specified in the scheme (in this Part of this Act any standard so specified being referred to as the "specified standard") when using them.

(a) shall be provided at such locations within the area to which the scheme relates as may be specified in the scheme along routes served, or proposed to be served, by local services; or

(b) shall be facilities which are ancillary to facilities so provided.

(a) may include-

(i) requirements which the vehicles being used to provide the services shall meet; and

(ii) requirements as to the minimum frequency of services; but

(b) may not include requirements as to the maximum frequency, or timing, of services.

(a) in a case where the order is to be made by the Secretary of State only, the Secretary of State;

(b) in a case where the order is to be made by the Scottish Ministers only, the Scottish Ministers; or

(c) in a case where the order is to be made by the Secretary of State and the Scottish Ministers, the Secretary of State and the Scottish Ministers,

(a) by two or more such authorities acting jointly, as a reference to both (or, as the case may be, all) of those authorities;

(b) by virtue of subsection (7)(a) or (b) above by-

(i) the Secretary of State or the Scottish Ministers; and

(ii) such an authority or two or more such authorities,

acting jointly, as a reference to the Secretary of State or, as the case may be, the Scottish Ministers and that authority or, as the case may be, those authorities; or

(c) by virtue of subsection (7)(c) above by-

(i) the Secretary of State;

(ii) the Scottish Ministers; and

(iii) such an authority or two or more such authorities,

acting jointly, as a reference to the Secretary of State, the Scottish Ministers and that authority or, as the case may be, those authorities.

(a) provide that particular existing facilities or classes of existing facilities may not be specified;

(b) provide that existing facilities may not be specified if they were provided before such date as may be prescribed by, or determined in accordance with, the regulations;

(c) provide that particular existing facilities or classes of existing facilities may be specified only in circumstances prescribed by the regulations;

(d) provide that, in circumstances prescribed by the regulations, particular existing facilities or classes of existing facilities may be specified only with the consent of such person as may be prescribed by, or determined in accordance with, the regulations; and

(e) make provision modifying any of sections 5 to 7 as those sections apply in relation to schemes, or proposed schemes, which specify existing facilities.

(a) set out the authority's proposals for specified facilities and specified standards; or

(b) state where, in what form, and at what times, such proposals may be inspected.

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

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

(c) every other local transport authority any part of whose area is, in the opinion of the authority, likely to be affected by it;

(d) any-

(i) local transport authority (as defined in paragraphs (a) to (c) of section 108(4) of the Transport Act 2000 (c.38)); or

(ii) metropolitan district council in England,

any part of whose area is, in the opinion of the authority, likely to be affected by it;

(e) the traffic commissioner;

(f) the chief officer of police for each police area which is to any extent comprised in the area to which the scheme relates; and

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

(a) in the form proposed; or

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

(a) the specified facilities to be provided by the authority;

(b) the specified standard of local services which operators are required to undertake to provide;

(c) the date on which it shall come into operation;

(d) the period (being a period of more than three, but not more than seven, years) for which it shall remain in operation; and

(e) procedures for determining any dispute arising in relation to the scheme between the authority and any operator of local services who has undertaken to provide such services under the scheme.

(a) local services specified in it; or

(b) local services of a class specified in it,

(a) for the authority to provide the specified facilities in accordance with the scheme; and

(b) for operators of local services to provide the specified standard of services in accordance with the scheme,

(a) the date 3 months after that on which the scheme is made; and

(b) the date 3 months after that on which any traffic regulation order required for the provision of any of the specified facilities is made (or, if more than one such order is required for that purpose, the date on which the last of them is made).

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

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

(c) to the traffic commissioner.

(a) set out the scheme; or

(b) state where, in what form, and at what times, the scheme may be inspected,

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

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

(c) to the traffic commissioner.

(a) has given a written undertaking to the traffic commissioner that the operator will, except in circumstances beyond the operator's control, provide, during such periods as may be specified in the scheme, the local service to the specified standard when using the facilities; and

(b) provides the service to that standard when using the facilities.

(a) local services in their area; and

(b) specified facilities,

(a) the procedure to be followed when making, varying or revoking quality partnership schemes;

(b) specifying any case where no procedure requires to be followed when making, varying or revoking quality partnership schemes;

(c) the local services or classes of local services which shall, or may, be excluded from schemes;

(d) the conditions which shall, or may, be attached to such exclusions;

(e) the form and manner in which undertakings are to be given to the traffic commissioner in connection with schemes;

(f) the making of traffic regulation orders in connection with schemes; and

(g) such other incidental matters in connection with quality partnership schemes as the Scottish Ministers think fit.

(a) giving notice of proposed schemes or proposed variations or revocations of schemes;

(b) objections to such proposals;

(c) the holding of inquiries or hearings into objections;

(d) modifications of such proposals;

(e) the form of schemes or variations; and

(f) giving notice of schemes which have been made or of variations, or revocations, of schemes.

(a) after "question" there shall be inserted "- (i)"; and

(b) after "provided" there shall be inserted"; or

(a) making the proposed scheme is necessary for the purpose of implementing their relevant general policies in the area to which the proposed scheme relates; and

(b) the proposed scheme will implement those policies in a way which is economic, efficient and effective.

(a) complied with the notice and consultation requirements imposed by section 15 of this Act; and

(b) obtained the approval of the Scottish Ministers in accordance with section 16 of this Act.

(a) the authority determine-

(i) what local services should be provided in the area to which the scheme relates;

(ii) the standards to which they should be provided;

(iii) any additional facilities or services which should be provided in that area; and

(b) local services (other than services excluded from the scheme by virtue of provision such as is mentioned in section 14(3) of this Act) may be provided in the area to which the scheme relates only under a quality contract.

(a) the authority grant to another person the exclusive right to operate the local services to which the contract relates; and

(b) that person undertakes to provide those services on such terms (including in particular as to frequency, fares and standard of service) as may be specified in the agreement.

(a) include provision for-

(i) the making of payments by the authority to the person undertaking to provide the local service; or

(ii) the making of payments by the person undertaking to provide the local service to the authority; or

(b) make no such provision as is mentioned in paragraph (a) above.

(a) the area to which the scheme relates;

(b) that the scheme shall, in so far as relating to each local service included in it, come into operation-

(i) on a date not earlier than six months after the day on which the local traffic authority who made the scheme enter into a quality contract in respect of that service; or

(ii) on such earlier date as the authority may specify,

(the first date on which the scheme so comes into operation being referred to in this section as the "operational date"); and

(c) the period (being a period of more than three, but not more than seven, years beginning on the operational date) during which it is to remain in operation.

(a) the local services which are to be provided under quality contracts; and

(b) the features of the proposed invitations to tender for quality contracts.

(a) local services specified in it; or

(b) local services of a class specified in it,

(a) varying or revoking any such quality partnership scheme which relates only to the area of the authority by which the quality contract scheme is made; or

(b) varying any other such quality partnership scheme to the extent that it so relates.

(a) set out the proposed scheme or state where, in what form, and at what times, a copy of it may be inspected; and

(b) state the authority's reasons for wishing to make the scheme.

(a) all operators of local services in the area to which the proposed scheme relates;

(b) all persons (other than those falling within paragraph (a) above) holding a PSV operator's licence or a community bus permit who are, in the opinion of the authority, likely to be affected by it;

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

(d) every other local transport authority any part of whose area is, in the opinion of the authority, likely to be affected by it;

(e) any-

(i) local transport authority (as defined in paragraphs (a) to (c) of section 108(4) of the Transport Act 2000 (c.38)); or

(ii) metropolitan district council in England,

any part of whose area is, in the opinion of the authority, likely to be affected by it;

(f) the traffic commissioner;

(g) the chief officer of police for each police area which is to any extent comprised in the area to which the scheme relates; and

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

(a) the authority's reasons for wishing to make the scheme; and

(b) such other information as the Scottish Ministers may reasonably require, having regard to the conditions set out in paragraphs (a) and (b) of section 13(1) of this Act.

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

(b) subject to subsection (6) below, subject to such modifications as they may specify.

(a) consult such of the persons consulted by them under section 15(3) of this Act as are, in the opinion of the authority, likely to be affected by those modifications; and

(b) inform the Scottish Ministers of the outcome of that consultation.

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

(b) send a copy of the scheme to the traffic commissioner.

(a) that the scheme has been made; and

(b) where, in what form, and at what times, a copy of the scheme may be inspected.

(a) subject to the provision so made, if they decide that it is appropriate to do so, vary that quality partnership scheme; or

(b) if all operators of local services who have given an undertaking such as is mentioned in section 8(4)(a) of this Act consent to the revocation of the scheme (which consent shall not be unreasonably withheld), revoke that quality partnership scheme;

(a) 3 months; or

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

(a) be issued generally, in such manner as the authority consider appropriate for bringing it to the attention of persons who may be interested; and

(b) be issued individually to all persons who have given to the authority, or any of the authorities, a written notice-

(i) indicating that they wish to receive invitations to tender for the provision of local services of a description to which the invitation relates; and

(ii) specifying the address to which such an invitation is to be directed.

(a) a PSV operator's licence, not being a licence to which a condition is attached under section 26 of the 1985 Act (power of traffic commissioner to attach conditions to licences) prohibiting the holder from using vehicles under the licence to provide local services of all descriptions or of any description to which the invitation relates; or

(b) a community bus permit.

(a) tenders submitted to them in accordance with this section; or

(b) their reasons for entering into particular quality contracts.

(a) the description of local service to which a quality contract relates;

(b) the description of persons proposing to operate a local service;

(c) the period during which a local service is to be provided under a contract; or

(d) any other relevant circumstances.

(a) maintaining an existing local service;

(b) securing the provision of a local service in place of any such service that has ceased to operate; or

(c) securing the provision of a local service to meet any public transport requirement which has arisen unexpectedly and ought, in the opinion of the authority, to be met without delay.

(a) an invitation to tender for the provision of any service is issued under subsection (3) above or subsection (2) of section 18 of this Act; and

(b) no tender, or no tender which the authority who issued the invitation consider acceptable, is submitted in response to that invitation,

(a) a statement that no tender was submitted in response to that invitation to tender; or

(b) a statement of their reasons for considering that no tender so submitted was acceptable,

(a) where the scheme specifies the date on which, in so far as it relates to such service, it is to come into operation, on the date so specified; and

(b) subject to section 21(1) of this Act, where no date is so specified, on such date as is specified in or determined under the quality contract.

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

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

(c) to the traffic commissioner.

(a) the local services to be provided under the quality contract;

(b) the date (or dates) on which the scheme shall, in so far as it relates to the local services to be provided under that quality contract, come into operation; and

(c) the duration of the quality contract.

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

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

(c) to the traffic commissioner.

(a) as to the maximum period of postponements; and

(b) requiring authorities to reissue invitations to tender in accordance with section 18 of this Act.

(a) sections 6 to 9 of the 1985 Act (registration of local services) shall not have effect in relation to such service; and

(b) no such service shall be provided other than under a quality contract.

(a) increasing, to no greater than the whole of their area, the area to which it relates;

(b) adding to the description of local services which are to be provided under quality contracts;

(c) reducing the area to which it relates;

(d) reducing the description of services which are to be provided under quality contracts;

(e) postponing any date specified in the scheme as a date on which the scheme would, in so far as it relates to any local service included in it, otherwise come into operation; or

(f) providing for new exclusions from the scheme or for the variation or revocation of existing exclusions.

(a) either of the relevant conditions is no longer met with respect to it; and

(b) both of those conditions are met with respect to the scheme as varied.

(a) if either of the relevant conditions is no longer met with respect to it; or

(b) if the authority (or one of them) make (or make jointly with one or more other authorities) a quality contract scheme covering such part of their area as was covered by the scheme being revoked.

(a) local services in their area; and

(b) any facilities provided by virtue of the scheme,

(a) the Scottish Ministers refuse to approve the proposed variation; or

(b) the Scottish Ministers having approved the proposed variation, the authority fail to comply with section 23(6) of this Act,

(a) the procedure to be followed when making, varying or revoking quality contract schemes;

(b) the approval of proposed schemes;

(c) the local services or classes of local services which shall, or may, be excluded from schemes;

(d) the conditions which shall, or may, be attached to such exclusions; and

(e) such other incidental matters in connection with quality contract schemes as the Scottish Ministers think fit.

(a) the giving of notice of proposed schemes or any proposed variations or revocations of schemes;

(b) objections to such proposals;

(c) the holding of inquiries or hearings into objections;

(d) modifications of such proposals;

(e) the form, content and manner of applications for approval of such proposals;

(f) the form of schemes or variations; and

(g) the giving of notice of schemes which have been made or of variations or revocations of schemes.

(a) the coming into operation of quality contract schemes;

(b) the variation of such schemes; and

(c) the ending of such schemes (whether or not as a result of their revocation).

(a) any provision of sections 6 to 9 of the 1985 Act (registration of local services) which would otherwise have effect-

(i) shall not have effect; or

(ii) shall have effect subject to such modifications as may be prescribed; or

(b) any such provision which would not otherwise have effect-

(i) shall have effect; or

(ii) shall have effect subject to such modifications as may be prescribed,

in relation to the whole or any part of the area to which a scheme relates or to any local service provided in that area.

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

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

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

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

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

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

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

(c) the traffic commissioner; and

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

(a) in the form proposed; or

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

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

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

(c) to the traffic commissioner; and

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

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

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

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

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

(a) the traffic commissioner;

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

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

"local bus information", in relation to a local transport authority, means-

(a) information about routes and timetabling of local services to, from and within the authority's area;

(b) information about fares for journeys on such local services; and

(c) such other information about facilities for disabled persons, travel concessions, connections with other public passenger transport services (within the meaning of the 1985 Act) or other matters of value to the public as the authority consider appropriate in relation to their area; and

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

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

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

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

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

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

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

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

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

(a) making and varying quality partnership schemes;

(b) making and varying ticketing schemes; and

(c) inviting and accepting tenders under section 89 or 91 of the 1985 Act (subsidised services).

(a) in the case of the function of making or varying a quality partnership scheme, once notice of a proposal to make or vary it has been given under section 5(1) of this Act;

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

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

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

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

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

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

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

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

(c) reducing or limiting traffic congestion, noise or air pollution.

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

(b) operated a local service in contravention of that section or section 8(4) or 22(1)(b) or (2) of this Act; or

(c) failed to comply with section 32(1) or 34(3) of this Act,

(a) £550; or

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

(a) the Scottish Ministers; and

(b) the operator.

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

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

(a) a convener; and

(b) two other members,

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

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

(c) the matters to which the Tribunal shall have regard in determining complaints;

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

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

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

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

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

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

(j) appeals from determinations of the Tribunal;

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

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

(b) pay-

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

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

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

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

(b) after paragraph (b) there shall be inserted"; or

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

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

(c) the total distance covered by vehicles used by the operator in operating those local services.

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

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

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

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

(c) made in connection with the investigation of crime or for the purposes of criminal proceedings;

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

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

(f) made in respect of a local service-

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

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

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

(b) the payment of such charges.

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

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

(a) a traffic regulation order;

(b) an experimental traffic order; or

(c) a temporary traffic restriction order,

(a) only by buses; or

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

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

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

(c) specifying that any charge shall be paid-

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

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

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

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

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

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

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

(a) specify exemptions from charges; and

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

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

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

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

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

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

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

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

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

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

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

(a) under this Part of this Act in relation to quality partnership schemes, quality contract schemes and ticketing schemes; and

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

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

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

"operational date" shall be construed in accordance with section 14(1) of this Act;

"police area" means a police area within the meaning of section 1(2) of the Police (Scotland) Act 1967 (c.77);

"quality contract" has the meaning given by section 13(6) of this Act;

"relevant general policies", in relation to a local transport authority, means the authority's local transport strategy and-

(a) where the authority is a local authority, the policies formulated by them from time to time under section 63(2)(b) of the 1985 Act;

(b) where the authority is the Strathclyde Passenger Transport Authority, the policies formulated by them from time to time under section 9A(1) of the Transport Act 1968 (c.73);

"specified facilities" shall be construed in accordance with section 3(3)(a) of this Act;

"specified standard" shall be construed in accordance with section 3(3)(b) of this Act;

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

"traffic regulation order" means an order under-

(a) the Road Traffic Regulation Act 1984 (c.27); or

(b) any other enactment (other than this Act),

regulating the use of roads or other places by public service vehicles.

"fares";

"modification";

"public service vehicle"; and

"PSV operator's licence".
 

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

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

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

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

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

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

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

(a) provision specifying the form of orders;

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

(c) provision about the publication of notice of orders and of their effect.

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

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

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

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

(a) consult; or

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

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

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

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

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

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

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

(c) specify the classes of motor vehicles in respect of which charges are imposed;

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

(e) specify the charges imposed;

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

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

(a) different days;

(b) different times of day;

(c) different roads;

(d) different distances travelled;

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

(f) different numbers of occupants; and

(g) different classes of motor vehicles.

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

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

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

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

(a) exemptions from charges; or

(b) the application of reduced rates of charges.

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

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

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

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

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

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

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

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

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

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

(c) whether any conditions relating to the use of any such equipment are satisfied.

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

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

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

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

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

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

(c) the removal and storage of motor vehicles;

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

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

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

(a) the examination of a motor vehicle;

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

(c) the removal of a motor vehicle,

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

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

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

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

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

(b) the Scottish Administration; or

(c) any local authority or other statutory body,

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

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

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

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

(a) the determination of disputes relating to charging schemes; and

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

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

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

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

"operation" includes enforcement (related expressions being construed accordingly).

(a) as respects the rate of travel concession;

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

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

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

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

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

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

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

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

"eligible journey", in relation to a travel concession scheme, means a journey-

(a) between places in the area covered by the scheme;

(b) between such places and places outwith, but in the vicinity of, that area; or

(c) between places outwith, but in the vicinity of, that area;

"eligible person", in relation to a travel concession scheme, means a person who resides in the area covered by the scheme and-

(a) has attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 (c.26));

(b) suffers from a disability, or injury, of such description as the Scottish Ministers may by order specify; or

(c) is of such other description as the Scottish Ministers may by order specify;

"eligible service" means-

(a) a service, of a class specified in an order made by the Scottish Ministers, using a public service vehicle (within the meaning of the Public Passenger Vehicles Act 1981 (c.14));

(b) a transport service by water which carries passengers and operates regularly between two or more points both or all of which are in Scotland; and

(c) a service of such other description as the Scottish Ministers may by order specify; and

"travel concession", in relation to a journey, means-

(a) reduction of the fare (within the meaning of that Act of 1981) for the journey below the amount applicable to an adult who is not entitled to any reduction; or

(b) waiver of such fare.

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

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

(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.

(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; and

(b) shall be deemed for the purposes of Part 3 of this Act to be a local traffic authority in relation to any road carried by the bridge.

"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).

(a) the amount of the grant;

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

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

(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.

(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.

(a) after subsection (4B) there shall be inserted-

(b) in subsection (4C), after "(4B)" there shall be inserted "or (4BB)";

(c) after subsection (7C) there shall be inserted-

(d) after subsection (7E) there shall be inserted-

(e) after subsection (8) there shall be inserted-

(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.

(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.

(a) after subsection (3) there shall be inserted-

(b) after subsection (4) there shall be added-

(a) the words "authorities or bodies other than" are repealed; and

(b) at the end there shall be inserted "or by other authorities or bodies".

(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".

(a) "children are" there shall be substituted "person is"; and

(b) "their" there shall be substituted "his".

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

(b) the word "and" immediately preceding it,

(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;

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

(d) local transport authorities in relation to the preparation of local transport strategies;

(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,

(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.

(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.

(a) an order under section 14(6), 18(2)(b), 68(1) or 69(1) of this Act; or

(b) regulations under section 41(1) of this Act,

"charging scheme" has the meaning given by section 49(5) 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) a local authority; or

(b) the Strathclyde Passenger Transport Authority;

"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, in accordance with guidance issued under section 79 of this Act, by a local transport authority relating to transport in their area;

"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;

"quality contract scheme" shall be construed in accordance with section 13(5) of this Act;

"quality partnership scheme" shall be construed in accordance with section 3(3) 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);

"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.

section 3(3)(a);

section 6(2)(a) and (4)(a);

section 8(1) and (2);

section 10;

section 13(6) and (7);

section 18;

section 19;

section 24;

section 33(4);

section 34;

section 43; and

section 68.
 

"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.

(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.

(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.

(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".

(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-

(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-

(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,".

(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-