Transport (Scotland) Act 2005

Transport (Scotland) Act 2005

2005 asp 12

Commentary on Sections

Part 1: Regional Transport

Chapter 1: Regional Transport Partnerships

Section 2: Dissolution of regional Transport Partnerships

18. Section 2(1) empowers the Scottish Ministers, by order, to dissolve one or more Transport Partnerships or all of them.

19. Under section 2(2) the Scottish Ministers can ensure, by making provision by order, that on the dissolution of a Transport Partnership any of its transport functions can be performed by the person who was responsible for those functions prior to their transfer to the Partnership. The inclusion of this subsection seeks to avoid the situation of an hiatus, in the delivering of transport functions, between the dissolution of a Transport Partnership and the creation of a new Transport Partnership required by section 1.

20. Before making any order under section 2, the Scottish Ministers are required to consult the Transport Partnership or Transport Partnerships in question, its or their constituent councils or council and any other individuals or bodies that the Scottish Ministers think it appropriate to consult. Any orders made under section 2 will, as stated in section 52(3), be laid in draft and subject to the affirmative resolution procedure.