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

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Citation and commencement

1.  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.

Interpretation

2.  In this Order–

“Dumfries and Galloway Council” means the council of that name constituted under section 2 of the Local Government etc. (Scotland) Act 1994(1); 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 2005(2).

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

3.  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 Partnership

4.  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 provision

5.—(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.

TAVISH SCOTT

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

6th November 2006

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