Search Legislation

The Transport (Scotland) Act 2005 (Commencement No. 4) Amendment Order 2008

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Amendment of the Transport (Scotland) Act 2005 (Commencement No. 4) Order 2008

This section has no associated Executive Note

2.  The Transport (Scotland) Act 2005 (Commencement No. 4) Order 2008(1) is amended as follows–

(a)after article 2 (appointed days) insert–

Transitional provisions

3.(1) Where an undertaker proposing to execute road works has given notice pursuant to section 113 of the 1991 Act (advance notice of certain works) prior to 1st April 2008, nothing in–

(a)the modifications made to section 113 of the 1991 Act by section 19(3) of the Act; or

(b)any regulations under section 113 of the 1991 Act which are made so as to come into force on or after 1st April 2008,

shall require a further notice to be given pursuant to section 113 of the 1991 Act in relation to the road works in question.

(2) Where an undertaker proposing to begin to execute road works has given notice pursuant to section 114 of the 1991 Act (notice of starting date of works) prior to 1st April 2008, nothing in–

(a)the modifications made to section 114 of the 1991 Act by sections 19(4) and 22(2) of the Act; or

(b)any regulations under section 114 of the 1991 Act which are made so as to come into force on or after 1st April 2008,

shall require a further notice to be given pursuant to section 114 of the 1991 Act in relation to the road works in question.

(3) Notwithstanding the coming into force of section 19(1) of the Act nothing in section 112B(1) of the 1991 Act (duty to enter certain information in the Scottish Road Works Register)(2) shall require a road works authority to enter in the SRWR(3) any particulars of a road, which are not in the SRWR on 1st April 2008, until 1st October 2008.

(4) Notwithstanding the coming into force of section 19(1) of the Act nothing in–

(a)section 112B(2) of the 1991 Act; or

(b)any regulations under section 112B(2) of the 1991 Act,

applies in relation to any proposal by a road works authority to execute works in a road which has not been designated as a traffic-sensitive road pursuant to section 123 of the 1991 Act, provided the start of the works in question occurs prior to 1st October 2008.

(5) In this article–

“the 1991 Act” means the New Roads and Street Works Act 1991(4); and

“road”, “road works”, “road works authority”, “SRWR” and “undertaker” have the same meaning as in Part 4 of the 1991 Act (road works in Scotland).; and

(b)in column 1 of Schedule 1 (provisions of the 2005 Act coming into force on 1st April 2008) for the entry “Section 22” substitute “Section 22 except paragraph (a) of subsection (1)”.

(2)

Section 112B is inserted by section 19(1) of the Transport (Scotland) Act 2005.

(3)

The Scottish Road Works Register. See the definition in section 112A(1) of the New Roads and Street Works Act 1991 also inserted by section 19(1) of the Transport (Scotland) Act 2005.

Back to top

Options/Help

Print Options

Close

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

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 enacted version 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
Close

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 made 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