- Latest available (Revised)
- Original (As enacted)
Transport (Scotland) Act 2005
You are here:
- 2005 asp 12
- Part 2
- Miscellaneous
- Section 26
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Transport (Scotland) Act 2005. 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.
Commencement Orders yet to be applied to the Transport (Scotland) Act 2005
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.S.I. 2005/454 art. 2 Sch. 1-3 commences (2005 asp 12)
- S.S.I. 2007/161 art. 2 commences (2005 asp 12)
- S.S.I. 2007/409 art. 2 commences (2005 asp 12)
- S.S.I. 2008/15 art. 2 commences (2005 asp 12)
- S.S.I. 2008/90 art. 2 amendment to earlier commencing SSI 2008/15
Prospective
26Qualifications of supervisors and operativesS
This sectionnoteType=Explanatory Notes has no associated
(1)Section 126 of the 1991 Act (qualifications of supervisors and operatives) is amended in accordance with subsections (2) to (5) below.
(2)After subsection (1) there is inserted—
“(1A)A road works authority may (unless the case is one excepted from subsection (1)) by notice require an undertaker executing road works—
(a)to notify them of the name of—
(i)the person who is currently the qualified supervisor required under subsection (1), and
(ii)each person who has previously been the qualified supervisor so required, and
(b)to provide them with such evidence of the requisite qualification of the person or, as the case may be, each person named as may be prescribed.”.
(3)After subsection (2) there is inserted—
“(2A)A road works authority may (unless the case is one excepted from subsection (2)) by notice require an undertaker executing road works—
(a)to notify them of the name of—
(i)a person whose presence on site at any time specified in the notice (being a time when the works were in progress) enabled the undertaker to comply with his duty under subsection (2), or
(ii)each person whose presence on site during the progress of the works enabled the undertaker to comply with his duty under subsection (2), and
(b)to provide them such evidence of the requisite qualification of the or, as the case may be, each person named as may be prescribed.
(2B)A notice under subsection (1A) or (2A) may be given at any time while the works are being executed or within such period after their completion as may be prescribed.
(2C)The undertaker shall comply with a notice under subsection (1A) or (2A) within such period and in such way as may be prescribed.”.
(4)In subsection (3), for “or (2)” there is substituted “ , (2) or (2C) ”.
(5)In subsection (4), after paragraph (b) there is inserted “and
(“(c))the form of any document to be issued by an approved body to certify or otherwise show that a qualification has been conferred on any person.”.
Options/Help
Print Options
Print The Whole Act
Print The Whole Part
Print The Whole Cross Heading
Print This Section only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
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 Executive department responsible for the subject matter of the Act 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 enactedversion 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
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