- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)Any power of the Scottish Ministers to make an order, regulations or rules under this Act is exercisable by statutory instrument.
(2)Subject to subsections (3) to (5), a statutory instrument containing—
(a)an order under section 12(18) or 18(1) or under subsection (7) of this section,
(b)regulations under this Act, or
(c)rules under this Act,
is subject to annulment in pursuance of a resolution of the Parliament.
(3)A statutory instrument containing—
(a)an order under section 12(18), 18(1) or 30(4) or under subsection (7) of this section which includes, or
(b)regulations or rules which include,
provision adding to, replacing or omitting any part of the text of an Act is not made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.
(4)On the first occasion on which a power mentioned in subsection (5) is exercised the statutory instrument containing the order, regulations or rules in question is not made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.
(5)The powers are—
(a)that under section 4(2),
(b)that under section 8(1),
(c)that under paragraph (a) of section 10(1),
(d)that under paragraph (b) of section 10(1),
(e)that under section 12(18),
(f)that under section 14(3),
(g)that under paragraph (a) of section 18(1),
(h)that under paragraph (b) of section 18(1).
(6)Any power of the Scottish Ministers to make an order, regulations or rules under this Act—
(a)may be exercised so as to make different provision for different cases or descriptions of case or for different purposes,
(b)may be exercised so as to make provision for the delegation of functions, and
(c)without prejudice to subsection (7), includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision (including provision amending, repealing or revoking any enactment) as they consider necessary or expedient.
(7)In connection with the coming into force of any provision of this Act the Scottish Ministers may by order under this subsection make such provision as is mentioned in paragraph (c) of subsection (6).
(8)Any offence created by or under an order under section 1 or 18 is to be triable only summarily, and no such order is to authorise the imposition on persons convicted of an offence of—
(a)a term of imprisonment, or
(b)a fine exceeding level 3 on the standard scale.
(1)Schedule 2, which modifies enactments, has effect.
(2)The enactments specified in column 1 of schedule 3 are repealed to the extent specified in column 2.
(1)This Act may be cited as the Transport and Works (Scotland) Act 2007.
(2)This section and section 28 come into force on the day after Royal Assent.
(3)Sections 25(2) and (5)(a) to (g), (i) and (j) and 27 come into force at the end of the period of two months beginning with the date of Royal Assent.
(4)The remaining provisions of this Act come into force on such day as the Scottish Ministers may by order appoint.
(5)The provisions of section 25 specified in subsection (3) do not apply in relation to an application for an order under section 14 or 16 of the Harbours Act 1964 (c. 40) (harbour revision and empowerment orders) if the application was made before those provisions come into force.
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.
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
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: