- Latest available (Revised)
- Point in Time (04/12/2023)
- Original (As enacted)
Transport (Scotland) Act 2001
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: Section 39
Alternative versions:
- 01/07/2002- Amendment
- 26/06/2018- Amendment
- 28/11/2022- Amendment
- 04/12/2023- Amendment
- 04/12/2023
Point in time
Status:
Point in time view as at 04/12/2023.
Changes to legislation:
Transport (Scotland) Act 2001, Section 39 is up to date with all changes known to be in force on or before 01 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
39 PenaltiesS
This section has no associated Explanatory Notes
(1)Where the traffic commissioner is satisfied that the operator of a local service has, without reasonable excuse—
(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 [F13F(1) or 13B(1)(b) or (3)] of this Act; F2...
[F3(ba)failed to comply with a requirement under section 6ZA of the 1985 Act,]
[F4(bb)failed to comply with a requirement to provide information (including a requirement to provide it within a specified time or in a specified form) under section 3K(2) or 13R(2),]
(c)failed to comply with section 32(1) or 34(3) of this Act [F5; or ]
[F5(d)failed to comply with a requirement of regulations made under section 181A of the Equality Act 2010,]
the commissioner may impose a penalty on the operator.
(2)Subject to subsection (3) below, a penalty imposed under subsection (1) above shall be of such amount as the traffic commissioner thinks fit in all the circumstances of the case.
(3)The amount of a penalty mentioned in subsection (2) above shall not exceed—
(a)£550; or
(b)such other amount as the Scottish Ministers may by order specify,
multiplied by the total number of vehicles which the operator is licensed to use under all the PSV operator’s licences held by him.
(4)Any penalty imposed under subsection (1) above shall be payable to the Scottish Ministers.
(5)Where a penalty has been imposed on an operator under subsection (1) above, the traffic commissioner shall forthwith give notice in writing to—
(a)the Scottish Ministers; and
(b)the operator.
(6)Any operator on whom a penalty has been imposed under subsection (1) above may appeal to the Transport Tribunal against the imposition of the penalty.
(7)Any amount due under this section shall be recoverable as a civil debt.
Textual Amendments
F1Words in s. 39(1)(b) substituted (4.12.2023) by Transport (Scotland) Act 2019 (asp 17), s. 130(2), sch. para. 3(4)(a) (with s. 126); S.S.I. 2023/250, sch.
F2Word in s. 39(1) omitted (26.6.2018) by virtue of Bus Services Act 2017 (c. 21), ss. 17(6)(a), 26(2); S.I. 2018/758, reg. 2
F3S. 39(1)(ba) inserted (28.11.2022) by Transport (Scotland) Act 2019 (asp 17), ss. 39(2), 130(2) (with s. 126); S.S.I. 2022/332, reg. 2, sch.
F4S. 39(1)(bb) inserted (4.12.2023) by Transport (Scotland) Act 2019 (asp 17), s. 130(2), sch. para. 3(4)(b) (with s. 126) (as amended (27.11.2023) by S.S.I. 2023/347, regs. 1(1), 2(7)(a)); S.S.I. 2023/250, sch.
F5S. 39(1)(d) and word inserted (26.6.2018) by Bus Services Act 2017 (c. 21), ss. 17(6)(b), 26(2); S.I. 2018/758, reg. 2
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThe Whole Chapter
PrintThe Whole Cross Heading
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Scottish Government 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.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.