Transport (Scotland) Act 2001

SCHEDULE Road user charging: financial provisions

(introduced by section 60)

Interpretation

1 In this schedule—

• “financial year” means a period of 12 months ending with 31st March;

• “net proceeds” means the amount (if any) by which the gross amount received under a charging scheme for a financial year exceeds the relevant expenses for the financial year; and

• “relevant expenses” means such of the expenses of making or operating a charging scheme as may be determined in accordance with regulations made by the Scottish Ministers.

Apportionment

2 A charging scheme which is made by two or more authorities jointly shall provide for the net proceeds of the scheme to be apportioned between (or among) those authorities.

3 References in this schedule to an authority’s share of the net proceeds of a charging scheme are—

(a) where the net proceeds of the scheme are apportioned as provided by paragraph 2 above, to so much of the net proceeds of the scheme as are apportioned to the authority; and

(b) otherwise, to the net proceeds of the scheme.

Accounts and funds

4 (1) An account, in the prescribed form, of the income and expenditure in respect of each charging scheme shall be kept for each financial year by the charging authority or jointly by the charging authorities.

(2) A statement of account prepared from an account kept by virtue of sub-paragraph (1) above for any financial year by a charging authority (whether or not jointly with another charging authority) shall be published, in the prescribed manner, in the annual accounts of the authority for the financial year.

(3) In this paragraph “prescribed” means prescribed by regulations made by the Scottish Ministers.

Application of proceeds by charging authorities

5 (1) A charging authority’s share of the net proceeds of any charging scheme is available only for application by—

(a) the authority for the purpose of directly or indirectly facilitating the achievement of policies in the authority’s local transport strategy; or

(b) a charging authority selected (the “selected authority”) by the authority whose share it is for the purpose of directly or indirectly facilitating the achievement of any policies of the selected authority’s local transport strategy in a way which will benefit the whole or any part of the area of the charging authority whose share it is.

(2) A charging authority shall endeavour to apply their share of the net proceeds of a charging scheme only in ways which are economic, efficient and effective.

SCHEDULE Minor and consequential amendments and repeals

(introduced by section 83)

1 In section 92(8) of the Finance Act 1965 (grants towards duty charged on bus fuel), in the definition of “bus service”—

(a) in paragraph (a), after “Act” there shall be inserted “or provided under a quality contract (within the meaning of Part 2 of the Transport (Scotland) Act 2001 (asp 2)”; and

(b) in paragraph (b), for “II of that Act” there shall be substituted “II of the Transport Act 1985”.

Local Government (Scotland) Act 1973 (c. 65)

2 In section 211 of the Local Government (Scotland) Act 1973 (provision for default of local authority), after subsection (5) there shall be inserted—

“(6) In this section any reference to an enactment includes a reference to the Transport (Scotland) Act 2001 (asp 2).”.

Road Traffic Regulation Act 1984 (c. 27)

3 (1) The Road Traffic Regulation Act 1984 shall be amended in accordance with this paragraph.

(2) In section 1 (traffic regulation orders)—

(a) in subsection (3)—

(i) after “State” there shall be inserted “or, as the case may be, the Scottish Ministers”; and

(ii) after “is” there shall be inserted “or they are”; and

(b) after subsection (3) there shall be inserted—

“(3A) A local traffic authority may make a traffic regulation order in respect of a road in relation to which the Secretary of State is or, as the case may be, the Scottish Ministers are the traffic authority if—

(a) the order is required for the provision of facilities pursuant to a quality partnership scheme under Part 2 of the Transport (Scotland) Act 2001 (asp 2); and

(b) the consent of the Secretary of State or, as the case may be, the Scottish Ministers is obtained.”.

(3) In paragraph 27 of Schedule 9 (variation and revocation of orders)—

(a) in sub-paragraph (1), for the words “sub-paragraph (2)” there shall be substituted “sub-paragraphs (2) and (3)”; and

(b) after sub-paragraph (2) there shall be inserted—

“(3) Where an order is required for the provision of facilities pursuant to a quality partnership scheme made under Part 2 of the Transport (Scotland) Act 2001 (asp 2) by more than one authority—

(a) it may not be varied or revoked by virtue of this paragraph by the Secretary of State or the Scottish Ministers unless he has, or they have, consulted the other authority or authorities who made the scheme; and

(b) it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of the other authority or authorities who made the scheme.”.

Transport Act 1985 (c. 67)

4 (1) The 1985 Act shall be amended in accordance with this paragraph.

(2) In section 6(9) (registration of local services: matters in relation to which regulations may make provision)—

(a) in paragraph (d), after “for”, where it first occurs, there shall be inserted “or in connection with”; and

(b) in paragraph (e), after “commissioner”, where it second occurs, there shall be inserted “, in such form as he may require,”.

(3) In section 63 (functions of local councils with respect to passenger transport in areas other than passenger transport areas), subsection (3) is repealed.

(4) In section 82 (bus stations: restrictions on discriminatory practices), after subsection (4) there shall be inserted—

“(4A) Nothing done pursuant to a quality partnership scheme under Part 2 of the Transport (Scotland) Act 2001 (asp 2) by—

(a) the Strathclyde Passenger Transport Executive;

(b) a local authority; or

(c) a person to whom subsection (3) above applies,

shall be taken to be discrimination prohibited by subsection (1) or (3) above.”.

(5) In section 94(4) (definition of eligible service), for the words from “a service is” to the end there shall be substituted

““eligible service” means—

(a) until the repeal of section 92 of the Finance Act 1965 (grants towards duty charged on bus fuel) is effected by the coming into force of section 38(6) of the Transport (Scotland) Act 2001 (asp 2), a service qualifying for fuel duty grant; and

(b) on and after the repeal of that section, a service using public service vehicles of a class specified in an order made by the Scottish Ministers.”.

(6) In section 103(3) (no subsidies for concessions available under a scheme), at the end there shall be added “or under a scheme made under section 68(1) of the Transport (Scotland) Act 2001 (asp 2).”.

(7) In section 104 (travel concessions on services provided by Passenger Transport Executives)—

(a) in subsection (1), for the words from “other than” to “that section” there shall be substituted “otherwise than in accordance with a scheme established under section 93 of this Act or made under section 68(1) of the Transport (Scotland) Act 2001 (asp 2)”; and

(b) in subsection (2), after paragraph (a) there shall be inserted—

“(aa) in accordance with any scheme made under section 68(1) of the Transport (Scotland) Act 2001 (asp 2); or”.

(8) In section 105(1) (travel concessions on services provided by local authorities), for the words from “of any description” to the end there shall be substituted “in accordance with a scheme established under section 93 of this Act or made under section 68(1) of the Transport (Scotland) Act 2001 (asp 2).”.