- Latest available (Revised)
- 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 81
Alternative versions:
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Transport (Scotland) Act 2001. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 81:
- Pt. 2 Ch. 3 applied in part by 2019 asp 17 s. 47(1)(2)
- Pt. 2 Ch. 3 inserted by 2019 asp 17 s. 41(2)
- Pt. 2 Ch. 4 heading inserted by 2019 asp 17 sch. para. 3(2)
- s. 27B and cross-heading inserted by 2019 asp 17 s. 42(2)
- s. 29(3A)-(3C) inserted by 2019 asp 17 s. 44(2)(a)
- s. 29(7)(8) inserted by 2019 asp 17 s. 44(2)(c)
- s. 30(3)(ca)-(cc) inserted by 2019 asp 17 s. 44(3)(b)
- s. 31(1A) inserted by 2019 asp 17 s. 44(4)(a)
- s. 31(3)(ca) inserted by 2019 asp 17 s. 44(4)(b)(iii)
- s. 31(5)-(7) inserted by 2019 asp 17 s. 44(4)(d)
- s. 32A inserted by 2019 asp 17 s. 45(2)
- s. 32B and cross-heading inserted by 2019 asp 17 s. 46(2)
- s. 35A inserted by 2019 asp 17 s. 40(2)
- s. 39(1)(ca) inserted by 2019 asp 17 s. 40(3)
- s. 39(5A)-(5G) inserted by S.S.I. 2024/337 sch. 2 para. 1(2)(a)
- s. 79(1)(ca) inserted by 2019 asp 17 s. 48(2)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 2 Ch. 3 applied in part by 2019 asp 17 s. 47(1)(2)
- Pt. 2 Ch. 3 inserted by 2019 asp 17 s. 41(2)
- Pt. 2 Ch. 4 heading inserted by 2019 asp 17 sch. para. 3(2)
- s. 27B and cross-heading inserted by 2019 asp 17 s. 42(2)
- s. 29(3A)-(3C) inserted by 2019 asp 17 s. 44(2)(a)
- s. 29(7)(8) inserted by 2019 asp 17 s. 44(2)(c)
- s. 30(3)(ca)-(cc) inserted by 2019 asp 17 s. 44(3)(b)
- s. 31(1A) inserted by 2019 asp 17 s. 44(4)(a)
- s. 31(3)(ca) inserted by 2019 asp 17 s. 44(4)(b)(iii)
- s. 31(5)-(7) inserted by 2019 asp 17 s. 44(4)(d)
- s. 32A inserted by 2019 asp 17 s. 45(2)
- s. 32B and cross-heading inserted by 2019 asp 17 s. 46(2)
- s. 35A inserted by 2019 asp 17 s. 40(2)
- s. 39(1)(ca) inserted by 2019 asp 17 s. 40(3)
- s. 39(5A)-(5G) inserted by S.S.I. 2024/337 sch. 2 para. 1(2)(a)
- s. 79(1)(ca) inserted by 2019 asp 17 s. 48(2)(b)
81 Regulations and ordersS
This section has no associated Explanatory Notes
(1)Any power of the Scottish Ministers under this Act to make regulations or orders shall be exercisable by statutory instrument.
(2)Any power under this Act to make regulations or orders shall include power to make—
(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.
(3)Subject to subsection (4) below, a statutory instrument containing regulations or an order made under this Act (other than an order made under section 84(2) of this Act) shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
(4)A statutory instrument containing—
(a)an order under section F1... 68(1) or 69(1) of this Act;
(b)regulations under section [F23G(4), 3H(7), 13M(5), 13Q(4) 27A(5), 35A(1) or 41(1) or paragraph 26 of schedule A1] [F3or which consist of or include provision made by virtue of section 64(1C) of this Act]; or
[F4(c)regulations under section 3M(2)(c) which make provision about what may constitute a facility or measure,]
shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.
Subordinate Legislation Made
P1S. 81(2); power fully exercised; 1.7.2002 appointed for specified provisions by S.S.I. 2002/291, art. 2 (with art. 3)
Textual Amendments
F1Words in s. 81(4)(a) repealed (4.12.2023) by Transport (Scotland) Act 2019 (asp 17), s. 130(2), sch. para. 3(8)(a) (with s. 126); S.S.I. 2023/250, sch.
F2Words in s. 81(4)(b) substituted (4.12.2023) by Transport (Scotland) Act 2019 (asp 17), s. 130(2), sch. para. 3(8)(b) (with s. 126) (as amended (27.11.2023) by S.S.I. 2023/347, regs. 1(1), 2(7)(b)); S.S.I. 2023/250, sch.
F3Words in s. 81(4)(b) inserted (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 51(7), 54(2); S.S.I. 2005/454, art. 2, Sch. 2
F4S. 81(4)(c) inserted (4.12.2023) by Transport (Scotland) Act 2019 (asp 17), s. 130(2), sch. para. 3(8)(c) (with s. 126) (as amended (27.11.2023) by S.S.I. 2023/347, regs. 1(1), 2(7)(c)); S.S.I. 2023/250, sch.
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
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.
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.