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The Transfer of Functions to the Shetland Transport Partnership Order 2006

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2006, ISBN 0110708695

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before the Scottish Parliament under section 52(3) of the Transport (Scotland) Act 2005, for approval by resolution of the Scottish Parliament.

TRANSPORT

Made 2006

Coming into force 2006

The Scottish Ministers, in exercise of the powers conferred by sections 10(1) and 52(4) of the Transport (Scotland) Act 2005f1 and all other powers enabling them in that behalf, and following consultation in terms of section 10(8) of that Act, hereby make the following Order, a draft of which has, in accordance with section 52(3) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Annotations to the whole text

Footnotes

f1

2005 asp 12.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Transfer of functions to the Shetland Transport Partnership
  4. 4Functions exercisable concurrently by the Shetland Transport Partnership
  5. 5Transitional and saving provision
  6. Signature
  7. Schedule 1FUNCTIONS TRANSFERRED TO THE SHETLAND TRANSPORT PARTNERSHIP
  8. Schedule 2FUNCTIONS EXERCISABLE CONCURRENTLY BY THE SHETLAND TRANSPORT PARTNERSHIP AND SHETLAND ISLANDS COUNCIL
  9. Explanatory note

1Citation and commencement

This Order may be cited as the Transfer of Functions to the Shetland Transport Partnership Order 2006 and shall come into force on the day after the day on which it is made.

2Interpretation

In this Order–

  • “Shetland Islands Council” means the council of that name constituted under section 2 of the Local Government etc. (Scotland) Act 1994f1; and

  • “the Shetland Transport Partnership” means the Transport Partnership established with that name by the Regional Transport Partnerships (Establishment, Constitution and Membership) (Scotland) Order 2005f2.

3Transfer of functions to the Shetland Transport Partnership

The functions which are exercisable by Shetland Islands Council by virtue of the enactments specified in column 1 of Schedule 1 shall, subject to any restriction in the corresponding entry in column 2 of that Schedule, be exercisable by the Shetland Transport Partnership instead of by Shetland Islands Council.

4Functions exercisable concurrently by the Shetland Transport Partnership

The functions which are exercisable by Shetland Islands Council by virtue of the enactments specified in column 1 of Schedule 2 shall, subject to any restriction in the corresponding entry in column 2 of that Schedule, be exercisable by the Shetland Transport Partnership concurrently with Shetland Islands Council.

5Transitional and saving provision

(1)

The transfer, by virtue of this Order, of any function exercisable by Shetland Islands Council to the Shetland Transport Partnership shall not affect the validity of anything done (or having effect as if done) by or in relation to Shetland Islands Council before the date on which the transfer takes effect.

(2)

Anything (including legal proceedings) which, at the time when that transfer takes effect, is in the process of being done by or in relation to Shetland Islands Council may, so far as it relates to any function transferred, be continued by or in relation to Shetland Transport Partnership.

(3)

Anything done (or having effect as if done) by or in relation to Shetland Islands Council for the purposes of or in connection with any function transferred to the Shetland Transport Partnership by virtue of this Order shall, if in force at the time when that transfer takes effect, have effect as if done by or in relation to Shetland Transport Partnership in so far as that is required for continuing its effect after that time.

Signature

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

2006

Schedule 1FUNCTIONS TRANSFERRED TO THE SHETLAND TRANSPORT PARTNERSHIP

Column 1Column 2
EnactmentRestrictions
The Transport Act 1985 (c. 67)
(a)

sections 63f1 and 64f2; and

(a)

only so far as the functions do not relate to Shetland Islands Council as–

(i)

an education authority for the purposes of the Education (Scotland) Act 1980 (c. 44); or

(ii)

a local authority for the purposes of the Social Work (Scotland) Act 1968 (c. 49);

(b)

sections 93 to 100f3.

(b)

–

The Transport (Scotland) Act 2001 (asp 2), sections 3, 5f4 to 10, 13 to 21, 23 to 25, 28 to 31, 33 to 35 and 47.–

Schedule 2FUNCTIONS EXERCISABLE CONCURRENTLY BY THE SHETLAND TRANSPORT PARTNERSHIP AND SHETLAND ISLANDS COUNCIL

Column 1Column 2
EnactmentRestrictions
The Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 (c. 50), sections 1 to 4f1 and 6.
The Road Traffic Regulation Act 1984 (c. 27)–
(a)

sections 1 to 4f2; and

(a)

only so far as the functions are exercisable by Shetland Islands Council as the local traffic authority for facilitating the passage on the road or any other road of–

(i)

public service vehicles within the meaning of the Public Passenger Vehicles Act 1981 (c. 14); and

(ii)

taxis and private hire cars for which a licence is required by virtue of section 10(1) of the Civic Government (Scotland) Act 1982 (c. 45).

(b)

section 19f3.

(b)

–

The Transport Act 1985 (c. 67), section 106f4–

Explanatory note

(This note is not part of the Order)

This Order provides for certain statutory functions of Shetland Islands Council relating to transport to be exercisable by the Shetland Transport Partnership instead of, or concurrently with, that Council.

Article 3 and Schedule 1 provide for the transfer of certain statutory transport functions exercisable by Shetland Islands Council to the Shetland Transport Partnership, subject, in certain cases, to specified restrictions. The functions transferred include functions relating to local travel concessionary schemes, making quality partnership and quality contract schemes, ticketing arrangements and ticketing schemes.

Article 4 and Schedule 2 provide for the concurrent exercise of certain statutory transport functions by Shetland Islands Council and the Shetland Transport Partnership, subject, in certain cases, to specified restrictions. The functions transferred include the function of making traffic regulation orders and functions relating to the provision and maintenance of bus shelters.

Article 5 makes general transitional and savings provisions to facilitate the transfer of functions provided for in the Order.