Transport (Scotland) Act 2001
Transport (Scotland) Act 2001
asp 2
[25th January 2001]
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 20th December 2000 and received Royal Assent onAn Act of the Scottish Parliament to make provision about transport; to make provision as respects certain bridges; to amend section 21 of the Chronically Sick and Disabled Persons Act 1970; to amend section 40 of the Road Traffic Act 1988; to amend sections 26, 28 and 63 of the Road Traffic Regulation Act 1984; and for connected purposes.
Part 1
Joint transport strategies
1 Joint transport strategies
(1) The Scottish Ministers may by order require such public bodies as may be specified in the order to prepare, and submit to them, jointly a strategy—
(a) dealing with such matters; and
(b) for such purposes,
as may be so specified in relation to the discharge of the functions of those bodies relating to transport.
(2) Before making an order under this section the Scottish Ministers shall consult—
(a) the public bodies in respect of which they propose to make the order; and
(b) such other persons as they consider appropriate.
(3) An order under this section may include such provision as respects—
(a) the form of the strategy to which it relates;
(b) the environmental, social and economic impact of the strategy, and any other matters to which the public bodies are required to have regard in the preparation of the strategy;
(c) the procedures relating to the preparation and making of it; and
(d) the time within which it is to be submitted,
as the Scottish Ministers consider necessary or expedient.
(4) An order under this section shall include provision requiring the public bodies to which it relates to consult such persons as may be specified in the order.
(5) Where an order is made under this section, the public bodies to which it relates may consult such other persons as those bodies consider appropriate about the proposed strategy.
2 Directions
(1) Where an order is made under section 1 of this Act and—
(a) no strategy is—
(i) prepared; or
(ii) submitted,
as required by that order; or
(b) there are, in the opinion of the Scottish Ministers, other exceptional circumstances,
the Scottish Ministers may give such directions to any public body specified in the order as they think fit.
(2) Before giving directions to a public body under subsection (1)(b) above the Scottish Ministers shall consult—
(a) that public body; and
(b) such other persons as they consider appropriate.
(3) A direction under this section shall be given in writing and may be varied or revoked by the Scottish Ministers.
(4) This section is without prejudice to section 211 of the Local Government (Scotland) Act 1973 (c.65) (powers of Scottish Ministers on complaint that local authority have failed to perform requirement imposed by or under enactment).
Part 2
Bus services
Quality partnership schemes
3 Quality partnership schemes
(1) A local transport authority, or two or more such authorities acting jointly, may make a quality partnership scheme covering the whole or any part of their area, or combined area, if they are satisfied that the scheme will—
(a) to any extent implement their relevant general policies in the area to which the proposed scheme relates; and
(b) either—
(i) improve the quality of local services and facilities provided in the area to which the proposed scheme relates in such a way as to bring material benefits to persons using those services and facilities; or
(ii) reduce or limit traffic congestion, noise or air pollution.
(2) A quality partnership scheme may not be made unless the authority have complied with the notice and consultation requirements imposed by section 5 of this Act.
(3) A quality partnership scheme is a scheme under which—
(a) the authority provide, during such periods as may be specified in the scheme, such facilities as may be so specified (in this Part of this Act facilities so specified being referred to as ‘specified facilities’) in the area to which the scheme relates; and
(b) operators of local services who wish to use the specified facilities are required to undertake to provide, during such periods as may be specified in the scheme, local services of such standard as may be specified in the scheme (in this Part of this Act any standard so specified being referred to as the ‘specified standard’) when using them.
(4) Any specified facilities—
(a) shall be provided at such locations within the area to which the scheme relates as may be specified in the scheme along routes served, or proposed to be served, by local services; or
(b) shall be facilities which are ancillary to facilities so provided.
(5) Anything which the authority are required to provide, or secure the provision of, by virtue of section 33 or 34 of this Act may not be a specified facility.
(6) Any specified standard—
(a) may include—
(i) requirements which the vehicles being used to provide the services shall meet; and
(ii) requirements as to the minimum frequency of services; but
(b) may not include requirements as to the maximum frequency, or timing, of services.
(7) If in relation to a proposed scheme the provision of any of the specified facilities requires the making of a traffic regulation order in respect of a road for which the Secretary of State and the Scottish Ministers are the traffic authority (within the meaning of section 121A of the Road Traffic Regulation Act 1984 (c.27)), that proposed scheme may not be made unless it is made by the local transport authority and—
(a) in a case where the order is to be made by the Secretary of State only, the Secretary of State;
(b) in a case where the order is to be made by the Scottish Ministers only, the Scottish Ministers; or
(c) in a case where the order is to be made by the Secretary of State and the Scottish Ministers, the Secretary of State and the Scottish Ministers,
acting jointly.
(8) Subject to subsection (9) below, for the purposes of this section (other than subsection (1) above) and sections 5 to 10 of this Act, any reference to a local transport authority shall be construed, in any case where a scheme is made (or proposed to be made)—
(a) by two or more such authorities acting jointly, as a reference to both (or, as the case may be, all) of those authorities;
(b) by virtue of subsection (7)(a) or (b) above by—
(i) the Secretary of State or the Scottish Ministers; and
(ii) such an authority or two or more such authorities,
acting jointly, as a reference to the Secretary of State or, as the case may be, the Scottish Ministers and that authority or, as the case may be, those authorities; or
(c) by virtue of subsection (7)(c) above by—
(i) the Secretary of State;
(ii) the Scottish Ministers; and
(iii) such an authority or two or more such authorities,
acting jointly, as a reference to the Secretary of State, the Scottish Ministers and that authority or, as the case may be, those authorities.
(9) In construing a reference to a local transport authority for the purposes of subsection (7) above and section 10 of this Act, paragraph (b) of subsection (8) above shall be disregarded.
4 Regulations as respects specifying existing facilities in quality partnership
4 Regulations as respects specifying existing facilities in quality partnership
schemes
(1) The Scottish Ministers may by regulations make provision as respects the specifying in quality partnership schemes of facilities which are provided before such schemes are proposed (in this section any such facilities being referred to as ‘existing facilities’).
(2) The regulations may in particular—
(a) provide that particular existing facilities or classes of existing facilities may not be specified;
(b) provide that existing facilities may not be specified if they were provided before such date as may be prescribed by, or determined in accordance with, the regulations;
(c) provide that particular existing facilities or classes of existing facilities may be specified only in circumstances prescribed by the regulations;
(d) provide that, in circumstances prescribed by the regulations, particular existing facilities or classes of existing facilities may be specified only with the consent of such person as may be prescribed by, or determined in accordance with, the regulations; and
(e) make provision modifying any of sections 5 to 7 as those sections apply in relation to schemes, or proposed schemes, which specify existing facilities.
5 Consultation as to proposed quality partnership scheme
5 Consultation as to proposed quality partnership scheme
(1) If a local transport authority propose to make a quality partnership scheme, they shall give notice of the proposed scheme in at least one local newspaper circulating in the area to which it relates.
(2) The notice shall—
(a) set out the authority's proposals for specified facilities and specified standards; or
(b) state where, in what form, and at what times, such proposals may be inspected.
(3) If any of the proposed specified facilities would affect a road for which the Secretary of State and the Scottish Ministers are the traffic authority (within the meaning of section 121A of the Road Traffic Regulation Act 1984 (c.27)) the authority shall consult the Secretary of State and the Scottish Ministers before giving notice of the proposed scheme.
(4) After giving notice of the proposed scheme, the authority shall consult—
(a) all operators of local services who are, in the...
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