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Transport (Scotland) Act 2001

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Part 1S Joint transport strategies

1 Joint transport strategiesS

(1)The Scottish Ministers may by order require such public bodies as may be specified in the order to prepare, and submit to them, jointly a strategy—

(a)dealing with such matters; and

(b)for such purposes,

as may be so specified in relation to the discharge of the functions of those bodies relating to transport.

(2)Before making an order under this section the Scottish Ministers shall consult—

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

(b)such other persons as they consider appropriate.

(3)An order under this section may include such provision as respects—

(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,

as the Scottish Ministers consider necessary or expedient.

(4)An order under this section shall include provision requiring the public bodies to which it relates to consult such persons as may be specified in the order.

(5)Where an order is made under this section, the public bodies to which it relates may consult such other persons as those bodies consider appropriate about the proposed strategy.

2 DirectionsS

(1)Where an order is made under section 1 of this Act and—

(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,

the Scottish Ministers may give such directions to any public body specified in the order as they think fit.

(2)Before giving directions to a public body under subsection (1)(b) above the Scottish Ministers shall consult—

(a)that public body; and

(b)such other persons as they consider appropriate.

(3)A direction under this section shall be given in writing and may be varied or revoked by the Scottish Ministers.

(4)This section is without prejudice to section 211 of the Local Government (Scotland) Act 1973 (c.65) (powers of Scottish Ministers on complaint that local authority have failed to perform requirement imposed by or under enactment).

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