2005 No. 454 (C.22 )
TRANSPORT

The Transport (Scotland) Act 2005 (Commencement No. 1) Order 2005

Made
The Scottish Ministers, in exercise of the powers conferred by sections 52(4) and 54(2) of the Transport (Scotland) Act 20051 and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and interpretation1.

(1)

This Order may be cited as the Transport (Scotland) Act 2005 (Commencement No. 1) Order 2005.

(2)

In this Order “the Act” means the Transport (Scotland) Act 2005.

Appointed days2.

The provisions of the Act specified in column 1 of any of the Schedules to this Order (the subject matter of which is described in column 2 of that Schedule) shall come into force on the day appointed in relation to that Schedule in the Table below.

TABLE

Schedule

Appointed day

1

14th September 2005

2

10th October 2005

3

3rd April 2006

TAVISH SCOTT
A member of the Scottish Executive

St Andrew’s House, Edinburgh

SCHEDULE 1PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 14TH SEPTEMBER 2005

Article 2

Column 1

Column 2

Provisions of the Act

Subject Matter

Section 1

Establishment of regional Transport Partnerships

Section 13

Transfer to Scottish Ministers of certain rail functions

SCHEDULE 2PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 10TH OCTOBER 2005

Article 2

Column 1

Column 2

Provisions of the Act

Subject Matter

Sections 2 to 12, 14 and 15 (Part 1)

Regional Transport Partnerships

Section 16

Creation, appointment, status and funding of Scottish Road Works Commissioner

Section 17

Functions of Commissioner

Section 40

National travel concession schemes

Section 44

Abolition of requirement on local traffic authority to inform the Scottish Ministers about certain pedestrian crossings

Section 45

Modification of Highlands and Islands Shipping Services Act 1960 and loans for transport related purposes

Section 46

Amendment of procedure for dealing with applications for harbour orders

Section 47

Amendment of procedure where harbour revision orders are made by the Scottish Ministers of their own motion

Section 48

Transitional provision for sections 46 and 47

Section 50

Extension of remit of Bus User Complaints Tribunal

Section 51

Minor amendments of Transport (Scotland) Act 2001

Section 53

Interpretation

Schedule 1, paragraphs 1 to 10 and 12 to 19

Further provision about regional Transport Partnerships

Schedule 2

Scottish Road Works Commissioner: further provision

SCHEDULE 3PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 3RD APRIL 2006

Article 2

Column 1

Column 2

Provisions of the Act

Subject Matter

Section 41

Public Transport Users' Committee for Scotland

Section 42

Functions of the Committee

Section 43

Guidance and direction to the Committee

Schedule 1, paragraph 11

Participation in community planning

Schedule 1, paragraph 20

Freedom of information

(This note is not part of the Order)

This Order appoints various days for the coming into force of the provisions of the Transport (Scotland) Act 2005 (“the Act”).

Article 2 appoints the following days for the coming into force of various provisions of the Act, namely:

(a)

14th September 2005 for the provisions specified in Schedule 1 to this Order which are sections 1 (Establishment of regional Transport Partnerships) and 13 (Transfer to Scottish Ministers of certain rail functions);

(b)

10th October 2005 for the provisions specified in Schedule 2 to this Order which relate to Part 1 (Regional Transport Partnerships) of the Act, the Scottish Road Works Commissioner and the majority of Part 3 (Miscellaneous); and

(c)

3rd April 2006 for the provisions specified in Schedule 3 to this Order which relate to the Public Transport Users' Committee for Scotland and the participation of Transport Partnerships in community planning and freedom of information.

The Act received Royal Assent on 5th August 2005. Sections 52 and 54 came into force on Royal Assent.

The provisions of the Act remaining to be commenced after the making of this Order are sections 18 to 39 and Schedules 3 to 7 all of which relate to road works and section 49 which relates to badges for vehicles used for disabled people.