Search Legislation

Transport (Scotland) Act 2001

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 44

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Transport (Scotland) Act 2001, Section 44. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

44 Civil penalties for bus lane contraventionsS

This section has no associated Explanatory Notes

(1)The Scottish Ministers may by regulations make provision for or in connection with—

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

(b)the payment of such charges.

(2)An authority is an approved local authority if—

(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.

(3)A bus lane contravention is a contravention of any such provision of—

(a)a traffic regulation order;

(b)an experimental traffic order; or

(c)a temporary traffic restriction order,

as relates to the use of an area of road which is or forms part of a bus lane.

(4)For the purposes of subsection (3) above, an area of road is or forms part of a bus lane if the order in question provides that it may be used—

(a)only by buses; or

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

(5)Regulations under subsection (1) above shall include provision—

(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.

(6)Regulations under subsection (1) above may—

(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.

(7)The Scottish Ministers may make regulations about the notification, adjudication and enforcement of charges.

(8)Regulations under subsection (7) above may include—

(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,

but may not confer power to stop motor vehicles.

(9)In this section—

  • 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).

Back to top

Options/Help

Print Options

Close

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.

Close

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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.

Close

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
Close

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.

Close

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