Draft Order laid before the Scottish Parliament under section 52(3) of the Transport (Scotland) Act 2005, for approval by resolution of the Scottish Parliament.

2006 No.

TRANSPORT

The Transfer of Functions to the South-West of Scotland Transport Partnership Order 2006

Made2006

Coming into force2006

The Scottish Ministers, in exercise of the powers conferred by sections 10(1) and 52(4) of the Transport (Scotland) Act 20051 and all other powers enabling them in that behalf, following consultation in terms of section 10(8) of that Act, hereby make the following Order, a draft of which has, in accordance with section 52(3) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Citation and commencement1

This Order may be cited as the Transfer of Functions to the South-West of Scotland Transport Partnership Order 2006 and shall come into force on the day after the day on which it is made.

Interpretation2

In this Order–

“Dumfries and Galloway Council” means the council of that name constituted under section 2 of the Local Government etc. (Scotland) Act 19942; and
“the South-West of Scotland Transport Partnership” means the Transport Partnership established with that name by the Regional Transport Partnerships (Establishment, Constitution and Membership) (Scotland) Order 20053.

Transfer of functions to the South-West of Scotland Transport Partnership3

The functions which are exercisable by Dumfries and Galloway Council by virtue of the enactments specified in column 1 of Schedule 1 shall, subject to any restriction in the corresponding entry in column 2 of that Schedule, be exercisable by the South-West of Scotland Transport Partnership instead of by Dumfries and Galloway Council.

Functions exercisable concurrently by the South-West of Scotland Transport Partnership4

The functions which are exercisable by Dumfries and Galloway Council by virtue of the enactments specified in column 1 of Schedule 2 shall, subject to any restriction in the corresponding entry in column 2 of that Schedule, be exercisable by the South-West of Scotland Transport Partnership concurrently with Dumfries and Galloway Council.

Transitional and saving provision5

1

The transfer, by virtue of this Order, of any function exercisable by Dumfries and Galloway Council to the South-West of Scotland Transport Partnership shall not affect the validity of anything done (or having effect as if done) by or in relation to Dumfries and Galloway Council before the date on which the transfer takes effect.

2

Anything (including legal proceedings) which, at the time when that transfer takes effect, is in the process of being done by or in relation to Dumfries and Galloway Council may, so far as it relates to any function transferred, be continued by or in relation to South-West of Scotland Transport Partnership.

3

Anything done (or having effect as if done) by or in relation to Dumfries and Galloway Council for the purposes of or in connection with any function transferred to the South-West of Scotland Transport Partnership by virtue of this Order shall, if in force at the time when that transfer takes effect, have effect as if done by or in relation to South-West of Scotland Transport Partnership in so far as that is required for continuing its effect after that time.

A member of the Scottish ExecutiveSt Andrew’s House,Edinburgh2006

SCHEDULE 1FUNCTIONS TRANSFERRED TO THE SOUTH-WEST OF SCOTLAND TRANSPORT PARTNERSHIP

Article 3

Column 1	Column 2
Enactment	Restrictions
The Transport Act 1985 (c. 67)–
a sections 634 and 645; and	a only so far as the functions do not relate to Dumfries and Galloway Council as– i an education authority for the purposes of the Education (Scotland) Act 1980 (c. 44);or ii a local authority for the purposes of the Social Work (Scotland) Act 1968 (c. 49).
b sections 93 to 1006.	b –
The Transport (Scotland) Act 2001 (asp 2), sections 3, 57 to 10, 13 to 21, 23 to 25, 28 to 31, 33 to 35 and 47.	–

SCHEDULE 2FUNCTIONS EXERCISABLE CONCURRENTLY BY THE SOUTH-WEST OF SCOTLAND TRANSPORT PARTNERSHIP AND DUMFRIES AND GALLOWAY COUNCIL

Article 4

Column 1	Column 2
Enactment	Restrictions
The Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 (c. 50), sections 1 to 48 and 6.
The Road Traffic Regulation Act 1984 (c. 27)–
a sections 1 to 49; and	a only so far as the functions are exercisable by Dumfries and Galloway Council as the local traffic authority for facilitating the passage on the road or any other road of– i public service vehicles within the meaning of the Public Passenger Vehicles Act 1981 (c. 14); and ii taxis for which a licence is required by virtue of section 10(1) of the Civic Government (Scotland) Act 1982 (c. 45).
b section 1910.	b –
The Transport Act 1985 (c. 67), section 10611.	–

(This note is not part of the Order)

This Order provides for certain statutory functions of Dumfries and Galloway Council relating to transport to be exercisable by the South-West of Scotland Transport Partnership instead of, or concurrently with, that Council.

Article 3 and Schedule 1 provide for the transfer of certain statutory transport functions exercisable by Dumfries and Galloway Council to the South-West of Scotland Transport Partnership, subject, in certain cases, to specified restrictions. The functions transferred include functions relating to local travel concessionary schemes, making quality partnership and quality contract schemes, ticketing arrangements and ticketing schemes.

Article 4 and Schedule 2 provide for the concurrent exercise of certain statutory transport functions by Dumfries and Galloway Council and the South-West of Scotland Transport Partnership, subject, in certain cases, to specified restrictions. The functions transferred include the function of making traffic regulation orders and functions relating to the provision and maintenance of bus shelters.

Article 5 makes general transitional and savings provisions to facilitate the transfer of functions provided for in the Order.