Abolition of Bridge Tolls (Scotland) Act 2008

2008 asp 1

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 20th December 2007 and received Royal Assent on 24th January 2008

An Act of the Scottish Parliament to abolish tolls on road bridges; and for connected purposes.

Abolition of bridge tolls

1 Forth Road Bridge

(1) In the Order contained in the Schedule to the Forth Road Bridge Order Confirmation Act 1947 (c.iv), section 69 (penalties) is repealed.

(2) In the Order contained in the Schedule to the Forth Road Bridge Order Confirmation Act 1958 (c.vi), the following provisions are repealed—

(a) in section 2(b) (interpretation), the first proviso,

(b) in section 34(2)(b) (general reserve fund), the words from the beginning to “Order”,

(c) Part V (tolls).

2 Tay Road Bridge

In the Order contained in the Schedule to the Tay Road Bridge Order Confirmation Act 1991 (c.iv), the following provisions are repealed—

(a) in section 41(1) (application of revenues of undertaking), the words “revenue received by the Joint Board from tolls under this Order, and all other”,

(b) Part VI (tolls),

(c) in section 57 (power to make byelaws), paragraph (f),

(d) in Part II of Schedule 1 (provisions as to meetings and proceedings), paragraph 10(2)(e).

Miscellaneous and general

3 Minor and consequential amendments and repeals

(1) Schedule 1, which contains minor amendments and amendments consequential on the provisions of this Act, has effect.

(2) The enactments mentioned in the first column of Part 1 of schedule 2 (which are enactments already obsolete or unnecessary) are repealed to the extent specified in the second column of that Part.

(3) The enactments mentioned in the first column of Part 2 of schedule 2 (which include enactments already obsolete or unnecessary) are revoked to the extent specified in the second column of that Part.

4 Short title and commencement

(1) This Act may be cited as the Abolition of Bridge Tolls (Scotland) Act 2008.

(2) The provisions of this Act, except this section, come into force on such day as the Scottish Ministers may by order made by statutory instrument appoint.

SCHEDULE 1 Minor and consequential amendments

(introduced by section 3(1))

Tay Road Bridge Order Confirmation Act 1991 (c.iv)

1 In the Order contained in the Schedule to the Tay Road Bridge Order Confirmation Act 1991, in section 36(1) the words “within a period of fifty years from the opening of the bridge” are repealed.

Transport (Scotland) Act 2001 (asp 2)

2 In the Transport (Scotland) Act 2001, in section 49—

(a) at the beginning of subsection (1) insert “Subject to subsection (4A),”,

(b) after subsection (4) insert—

“(4A) No charging scheme may be made in relation to a road carried by a bridge by—

(a) a joint board constituted by order under section 69 of this Act (whether acting solely or jointly); or

(b) a body—

(i) which is under any enactment responsible for the management and maintenance of a bridge constructed in pursuance of powers conferred by, or by an order made under or confirmed by, any enactment; and

(ii) the functions of which relate solely or mainly to such a bridge.”.

Forth Estuary Transport Authority Order 2002 (S.S.I. 2002 No. 178)

3 In the Forth Estuary Transport Authority Order 2002, in article 13 for the words “Articles 10 and 11” substitute “article 10”.

SCHEDULE 2 Repeals and revocations

(introduced by section 3(2) and (3))

Part 1 Repeals

Enactment	Extent of repeal
Erskine Bridge Tolls Act 1968 (c. 4)	The whole Act.
Transport (Scotland) Act 2001 (asp 2)	Section 69(3)(b) and the word “and” immediately preceding it.
Erskine Bridge Tolls Act 2001 (asp 12)	The whole Act.

Part 2 Revocations

Enactment	Extent of revocation
The Erskine Bridge Regulations 1989 (S.I. 1989 No. 530)	The whole Regulations.
The Erskine Bridge Tolls Order 1992 (S.I. 1992 No. 433)	The whole Order.
The Tay Road Bridge (Revision of Tolls) Order 1995	The whole Order.
The Forth Estuary Transport Authority Order 2002 (S.S.I. 2002 No. 178)	Article 11.
	In Schedule 3, paragraph 2.
The Forth Road Bridge (Revision of Tolls) Order 2005	The whole Order.
The Forth Road Bridge (Toll Period) Extension Order 2006	The whole Order.
The Erskine Bridge (Temporary Suspension of Tolls) Order 2006 (S.S.I. 2006 No. 157)	The whole Order.