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Transport (Scotland) Act 2001


Schedule 1 Road user charging: financial provisions

128.This schedule contains the financial provisions for road user charging schemes.

129.Paragraph 1 defines “net proceeds”. Once the gross proceeds have been received under a scheme, the charging authority or a third party working for the charging authority will subtract the expenses of establishing or operating the scheme to give net proceeds.

130.Paragraphs 2 and 3 deal with the apportionment of the net proceeds of a scheme between (or among) the relevant local authorities.

131.Paragraph 4 covers the accounts and funds charging authorities are required to keep. Sub-paragraph (3) provides the Scottish Ministers with the power to make regulations specifying the form of those accounts.

132.Paragraph 5 sets out how the net proceeds can be spent. It requires the net proceeds to be “hypothecated”, that is, to be spent only in support of the authority or authorities’ local transport strategy. Sub-paragraph (2) requires that local authorities should endeavour to spend net proceeds on transport-related investment which is economic, efficient and effective.

Schedule 2 Minor and consequential amendments and repeals

133.Paragraph 1 amends the Finance Act 1965 to ensure that bus services provided under a QC are eligible for bus fuel duty rebate.

134.Paragraph 2 is a minor amendment related to section 2 of the Act. It brings the Act within the ambit of section 211 of the 1973 Act.

135.Paragraph 3 amends the Road Traffic Regulation Act 1984.

136.Sub-paragraph (2) enables local traffic authorities to make traffic regulation orders affecting trunk roads if necessary to give effect to QP schemes, if the Scottish Ministers, or the Secretary of State, consent.

137.Sub-paragraph (3) is concerned with traffic regulation orders made for the purposes of a QP scheme made by more than one authority. It provides that a QP scheme may not be varied or revoked by the Scottish Ministers or the Secretary of State unless they have consulted the other authorities that made the scheme. It also provides that a QP scheme may not be varied or revoked by any other authority without the consent of all the authorities that made the scheme.

138.Paragraph 4 amends the Transport Act 1985.

139.Sub-paragraph (2) makes further provision for the making of regulations under section 6(9) of the 1985 Act.

140.Sub-paragraph (3) repeals subsection (3) of section 63 of the 1985 Act.

141.Sub-paragraph (4) amends section 82 of the 1985 Act to ensure that nothing done in relation to a QP scheme shall be taken to be discrimination prohibited by subsection (1) or (3) of that section (bus stations: restrictions on discriminatory practices).

142.Sub-paragraph (5) amends the definition of “eligible services” in section 94(4) of the 1985 Act.

143.Sub-paragraphs (5), (6) and (7) are consequential on section 68 of the Act.

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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills


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