PART 4

Other legislative competence

Roads: parking
43
1
The Road Traffic Act 1988 is amended as follows.
2
Section 20 (parking on verges etc: definition of “heavy commercial vehicle”) is amended as follows.
3
In subsection (5) for “Secretary of State” substitute “ national authority ”.
4
At the end add—
8
In subsection (5) “national authority”—
a
in relation to a function so far as exercisable within devolved competence, within the meaning of the Scotland Act 1998, means the Scottish Ministers;
b
otherwise, means the Secretary of State.
9
Before making any regulations under subsection (5) in relation to vehicles used on roads in Scotland, the Secretary of State must consult the Scottish Ministers.
5
Section 41 (regulation of construction, weight, equipment and use of vehicles) is amended as follows.
6
In subsection (1) for “Secretary of State” substitute “ national authority ”.
7
After subsection (2) insert—
2A
In subsection (1) “national authority”—
a
in relation to a function so far as exercisable within devolved competence, within the meaning of the Scotland Act 1998, means the Scottish Ministers;
b
otherwise, means the Secretary of State.
2B
Before making any regulations under this section in relation to the parking of vehicles on roads in Scotland, the Secretary of State must consult the Scottish Ministers.
S. 43 in force at 23.5.2016, see s. 72(7)