The Scotland Act 1998 (Cross-Border Public Authorities) (Traffic Commissioner for the Scottish Traffic Area) Order 2007

Explanatory Note

(This note is not part of the Order)

This Order makes provision in relation to the Traffic Commissioner for the Scottish Traffic Area who was specified as a cross border public authority by the Scotland Act 1998 (Cross Border Public Authorities) (Specification) Order 1999 (S.I. 1999/1319).

Article 2 provides that the functions conferred on a Minister of the Crown by the enactments specified in the Schedule to this Order shall, so far as exercisable in relation to the Traffic Commissioner for the Scottish Traffic Area, be exercisable by the Scottish Ministers instead of by a Minister of the Crown, subject, in certain cases, to specified restrictions.

The functions specified in the Schedule are functions which are specifically exercisable in relation to the Traffic Commissioner for the Scottish Traffic Area by the Secretary of State and which, as a result of the operation of section 88(1) of the Scotland Act 1998, have not transferred to the Scottish Ministers at devolution by virtue of section 53 of the Scotland Act.

In relation to the Public Passenger Vehicles Act 1981, this Order transfers the regulation making functions of the Secretary of State under sections 60 and 61 (which are applied, with modifications, to regulations made under Part I and Part II of the Transport Act 1985 by sections 134 and 135 of that Act), insofar as they are exercisable in relation to the Traffic Commissioner for the Scottish Traffic Area, and subject to the restriction specified in Column 2 of the Schedule. This restriction means that sections 60 and 61 are transferred only insofar as they are exercisable in relation to those functions under sections 6, 7 and 9 of the Transport Act 1985 transferred by this Order.

In relation to the Transport Act 1985 this Order transfers–

(a) the regulation making functions of the Secretary of State under section 6(9) in relation to the registration of local services (but only so as to allow provision to be made in regulations as set out in paragraphs (g), (i) and (j) of section 6(9));

(b) the function of the Secretary of State under section 7(6)(d) to prescribe matters which can be regulated by traffic regulation conditions (which may be determined by a traffic commissioner under section 7(1));

(c) the function of the Secretary of State under section 7(9) and (11) to prescribe periods within which requests may be made to a traffic commissioner for an inquiry into traffic regulation conditions; and

(d) the functions of the Secretary of State in relation to appeals against traffic regulation conditions under section 9,

insofar as they are exercisable in relation to the Traffic Commissioner for the Scottish Traffic Area.

Article 3 ensures that any references to the Secretary of State and powers to make legislation are glossed appropriately to reflect the transfer of functions to the Scottish Ministers.

Article 4 makes transitional and saving provisions as regards the previous exercise of functions by a Minister of the Crown prior to their devolution to the Scottish Ministers.