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Transport (Scotland) Act 2005

Enforcement of certain offences under the Roads (Scotland) Act 1984

Section 37 Fixed penalty offences under the Roads (Scotland) Act 1984

102.Section 37 introduces new section 130A to the 1984 Act which provides for fixed penalties for certain offences as prescribed in schedules 6 and 7 to the Act. The table identifying the offences to which fixed penalties apply is in schedule 6 of the Act (which inserts a new Schedule 8A to the 1984 Act). The details of how the fixed penalty system will operate are contained in schedule 7 to the Act (which inserts a new Schedule 8B to the 1984 Act).

Section 38 Civil penalties for certain offences under the Roads (Scotland) Act 1984

103.Section 38 introduces section 130B to the 1984 Act which provides that the Scottish Ministers may make regulations that will enable road authorities to impose penalty charges for breaches of the 1984 Act that are considered appropriate for civil enforcement.

Section 39 Consultation on regulations and codes of practice

104.Section 39 introduces section 163A to the 1991 Act, this places a duty on the Scottish Ministers to consult prior to the making, amending or revoking of regulations or issuing, amending, revoking or approving a code of practice. Such a provision ensures that secondary legislation is informed by practitioners.

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