- Latest available (Revised)
- Point in Time (01/04/2008)
- Original (As enacted)
Version Superseded: 01/10/2008
Point in time view as at 01/04/2008. This version of this cross heading contains provisions that are not valid for this point in time.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Transport (Scotland) Act 2005. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The maximum fine for each offence under a provision of the 1991 Act listed in column 1 of the table in schedule 3 is increased from level 3 on the standard scale to the level specified for that provision in column 3 of the table.
(2)Accordingly, in each provision so listed, for “level 3” there is substituted “ level 4 ” or “ level 5 ” (as specified in column 3 of the table).
Commencement Information
I1S. 33 in force at 1.4.2008 by S.S.I. 2008/15, art. 2(2), Sch. 1
Valid from 01/10/2008
(1)After section 154 of the 1991 Act there is inserted—
(1)Any offence under this Part relating to road works which is listed in the first column of Schedule 6A (and described in general terms in the second column) is a fixed penalty offence for the purposes of this Part.
(2)Offences listed in that Schedule which are committed by virtue of section 166 (offences by bodies corporate and partnerships) are not fixed penalty offences.
(3)The Scottish Ministers may by order made by statutory instrument modify that Schedule so as to provide for offences under this Part relating to road works to become (or cease to be) fixed penalty offences.
(4)No such order shall be made unless a draft of the statutory instrument containing it has been laid before and approved by resolution of the Scottish Parliament.
(5)Schedule 6B (which makes provision about fixed penalties for fixed penalty offences) has effect.”.
(2)In section 165 of that Act (index for Part 4), after the entry for “expenses” there is inserted—
“fixed penalty offence | section 154A(1)”. |
(3)After Schedule 6 to that Act there are inserted Schedules 6A and 6B as set out in schedules 4 and 5 to this Act.
Prospective
After section 154A of the 1991 Act (as inserted by section 34 above) there is inserted—
(1)The Scottish Ministers may, by regulations, make provision for or in connection with—
(a)the imposition by road works authorities of penalty charges in respect of such offences under this Part of this Act as are specified in the regulations,
(b)the payment of such charges.
(2)The regulations shall include provision specifying the person or persons by whom a penalty charge in respect of an offence is to be paid (who may be or, as the case may be, include a person other than the person who committed the offence).
(3)The regulations shall include provision—
(a)prohibiting criminal proceedings or the giving of a fixed penalty notice in respect of any description of conduct for which a penalty charge may be imposed, or
(b)securing that a penalty charge is not payable or is refunded where the conduct is the subject of criminal proceedings or of a fixed penalty notice.
(4)The regulations shall include provision about the standard of proof required to establish the commission of an offence in respect of which a penalty charge may be imposed and may include other provision for or in connection with evidence and procedure.
(5)The regulations may set different levels of penalty charges in respect of different offences and in respect of the same offences committed in different circumstances.
(6)The regulations may include provision for and in connection with—
(a)the notification of penalty charges to persons appearing to be liable to pay them,
(b)the enabling and effect of the making of representations to road works authorities by persons who are or may be liable to pay those charges,
(c)appeals by those persons against the imposition of those charges.
(7)Regulations shall not be made unless a draft of them has been laid before and approved by resolution of the Scottish Parliament.”.
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: