The Transport (Scotland) Act 2005 (Commencement No. 4) Order 2008

Explanatory Note

(This note is not part of the Order)

This Order appoints various days for the coming into force of provisions of the Transport (Scotland) Act 2005 (“the Act”). The provisions commenced relate to Part 2 on Road Works.

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

(a) 29th February 2008 for so much of section 19(1) and (7) (the Scottish Road Works Register) as is necessary for limited purposes in connection with regulations prescribing fees, persons and amounts in relation to the Scottish Road Works Register;

(b) 1st April 2008 for the provisions specified in Schedule 1 which relate to the Scottish Road Works Register, miscellaneous provisions relating to road works and the resolution of disputes under the New Roads and Street Works Act 1991; and

(c) 1st October 2008 for the provisions specified in Schedule 2 which relate to fixed penalty offences under the New Roads and Street Works Act 1991 and the Roads (Scotland) Act 1984.

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 30 to 32 (resurfacing), section 35 (civil penalties for certain offences under the New Roads and Street Works Act 1991) and section 38 (civil penalties for certain offences under the Roads (Scotland) Act 1984).