Summary
3.The purpose of the Act is to improve road safety for school children by requiring that seat belts are fitted on all motor vehicles used in dedicated school transport services, as defined in the Act. The Scotland Act 1998 (Modification of Schedule 5) Order 2015 (S.I. 2015/1379) devolved to the Scottish Parliament the legislative competence to regulate the description of motor vehicles which are used to transport pupils to and from places where they receive education and training.
4.However, the setting of technical standards for the construction or equipment of such vehicles, different from any such standards that ordinarily apply under existing UK law, was not devolved by the 2015 Order. In addition, the rest of the subject-matter of the Road Traffic Act 1988 remains reserved, as per Schedule 5 Part II Head E of the Scotland Act 1998, and so both areas are outside the Scottish Parliament’s legislative competence. This includes the law as to when persons must wear seat belts, which is currently contained in the Motor Vehicles (Wearing of Seat Belts) Regulations 1993 ( S.I. 1993/176).