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2.—(1) A device is an approved device for the purposes of section 44 of the Transport (Scotland) Act 2001 (civil penalties for bus lane contraventions) if it meets the scheduled requirements and it is of a type which has been certified by the Scottish Ministers as one which meets those requirements.
(2) The Scottish Ministers must take a type of device as meeting the scheduled requirements if there has been produced to them evidence which satisfies them that it has been found by a competent authority in an EEA State or Turkey to be one which meets the requirements of an EEA standard which requires a level of performance equivalent to that required by the scheduled requirements.
(3) In paragraph (2)—
(a)“EEA standard” means—
(i)a relevant standard or code of practice of a national standards body or equivalent body of any EEA State or Turkey(1);
(ii)any relevant international standard recognised for use as a standard by any EEA State or Turkey; or
(iii)a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any EEA State or Turkey; and
(b)“EEA State” means a member State, Norway, Iceland or Liechtenstein.
Decision 1/95 of the EC – Turkey Association Council of 22nd December 1995 (O.J. L 35 13.2.95, p.1) on implementing the final phase of the Customs Union provides for the removal of measures having an effect equivalent to quantitative restrictions between the European Union and Turkey.
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Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
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