EXPLANATORY NOTE
(This note is not part of the Order)

The Bus Lane Contraventions (Charges, Adjudication and Enforcement) (Scotland) Regulations 2011 (S.S.I. 2011/442) provide for the imposition of charges in respect of contraventions of bus lane restrictions. Those Regulations permit the imposition of charges only on the basis of a record produced by an “approved device”. This Order specifies a description of a device which is an approved device. In accordance with article 2 a device is an approved device if it is of a type which has been certified by the Scottish Ministers as meeting the requirements set out in the Schedule.

This Order has been notified in draft to the European Commission in accordance with Directive 98/34/EC of the European Parliament and of the Council (O.J. L204, 21.7.98, p.37) laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services as amended by Directive 98/48/EC of the European Parliament and of the Council (O.J. L217, 5.8.98, p.18).

No Business and Regulatory Impact Assessment has been undertaken since the Regulations are concerned with the enforcement of existing traffic restrictions and prohibitions and do not therefore constitute an additional burden on business. The costs incurred by local authorities undertaking enforcement are expected to be defrayed by income from charges.