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Civil Contingencies Act 2004
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17(1)After section 39B of the Roads (Scotland) Act 1984 (traffic calming works regulations) insert—E+W+S+N.I.
“39BAPrescribing of works for anti-terrorism purposes
(1)Where—
(a)the construction of any traffic calming works is for the purpose of avoiding or reducing, or reducing the likelihood of, danger connected with terrorism within the meaning of section 1 of the Terrorism Act 2000, and
(b)the function of constructing those works would, but for this section, be exercisable by the Scottish Ministers,
that function shall instead be exercisable by the Secretary of State.
(2)The power to make regulations under section 39B of this Act—
(a)for the purpose of, or in connection with, avoiding or reducing, or reducing the likelihood of, danger connected with terrorism within the meaning of section 1 of the Terrorism Act 2000, and
(b)which would, but for this section, be exercisable by the Scottish Ministers,
shall instead be exercisable by the Secretary of State.
(3)Regulations under section 39B of this Act may, if they are made by virtue of subsection (2) above, provide that, in such circumstances as the regulations may specify, works may be constructed or removed only with the consent of a police officer of such class as the regulations may specify.”
(2)In section 40 of that Act (interpretation of sections 36 to 39C) for the definition of “traffic calming works” substitute—
““traffic calming works”, in relation to a road, means works affecting the movement of vehicular or other traffic for the purpose of—
(a)promoting safety (including avoiding or reducing, or reducing the likelihood of, danger connected with terrorism within the meaning of section 1 of the Terrorism Act 2000 (c. 11)), or
(b)preserving or improving the environment through which the road runs.”
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