Transport (Scotland) Act 2005

Transport (Scotland) Act 2005

2005 asp 12

Commentary on Sections

Part 1: Regional Transport

Chapter 1: Regional Transport Partnerships

Administration

Section 3: Regional Transport Partnerships: funding and borrowing

21. Section 3 requires the constituent councils or council of each Transport Partnership to fund its net expenses, as defined in subsection (4). A Transport Partnership’s income can come from a number of sources including from the Scottish Ministers.

22. Under section 3(2) the share of the expenses to be paid by each constituent council or where there is only one, that council, will be determined by the Transport Partnership having regard to its transport strategy (formulated under section 5) but if the Transport Partnership is unable to decide then the relevant shares will be determined by the Scottish Ministers by order.

23. Section 3(3) empowers the Scottish Ministers, by order, to make arrangements to ensure that each constituent council meets its obligation to provide the Transport Partnership with the share of its net expenses determined by Section 3(2).

24. Sections 3(5) gives to Transport Partnerships a general power to give grants and loans to any person for any purposes that will contribute to the implementation of the Partnership’s transport strategy. Section 3(6) allows a Transport Partnership to impose such conditions as it decides on any grant or loan given under section 3(5). Section 3(7) enables a Transport Partnerships to borrow money for the purpose of its capital expenditure. This puts a Transport partnership into the same position as a local authority.