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The Transport Partnerships (Transfer of Functions) (Scotland) Order 2024

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

Draft 2024, ISBN 9780111059739

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 2024

Coming into force 2024

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 10(1) and 52(4)(b) of the Transport (Scotland) Act 2005f1 and all other powers enabling them to do so.

In accordance with section 10(8) of that Act, the Scottish Ministers have consulted with the Transport Partnerships to which the Order relates, their constituent councils and such other persons as they think fit.

In accordance with section 52(3) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

2005 asp 12.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Functions exercisable concurrently by the Shetland Transport Partnership and Shetland Islands Council
  3. 3Functions exercisable concurrently by the South-West of Scotland Transport Partnership and Dumfries and Galloway Council
  4. 4Functions exercisable concurrently by the West of Scotland Transport Partnership and the Strathclyde Passenger Transport Authority
  5. 5Specified provisions
  6. 6Amendment of the Transport (Scotland) Act 2001
  7. Signature
  8. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Transport Partnerships (Transfer of Functions) (Scotland) Order 2024 and comes into force on the day after the day on which it is made.

(2)

In this Order—

  • “the 2001 Act” means the Transport (Scotland) Act 2001f1,

  • “Dumfries and Galloway Council” means the council constituted for the Dumfries and Galloway local government area under section 2 of the Local Government etc. (Scotland) Act 1994f2,

  • “Shetland Islands Council” means the council constituted for the Shetlands Islands local government area under section 2 of that Act.

2Functions exercisable concurrently by the Shetland Transport Partnership and Shetland Islands Council

The functions conferred on Shetland Islands Council by the provisions of the 2001 Act specified in article 5 are exercisable concurrently by the Shetland Transport Partnershipf1 and Shetland Islands Council.

3Functions exercisable concurrently by the South-West of Scotland Transport Partnership and Dumfries and Galloway Council

The functions conferred on Dumfries and Galloway Council by the provisions of the 2001 Act specified in article 5 are exercisable concurrently by the South-West of Scotland Transport Partnershipf1 and Dumfries and Galloway Council.

4Functions exercisable concurrently by the West of Scotland Transport Partnership and the Strathclyde Passenger Transport Authority

The functions conferred on the Strathclyde Passenger Transport Authorityf1 by the provisions of the 2001 Act specified in article 5 are exercisable concurrently by the West of Scotland Transport Partnershipf2 and the Strathclyde Passenger Transport Authority.

5Specified provisions

For the purposes of articles 2 to 4 the specified provisions of the 2001 Act are—

(a)

section 2A (provision of bus services etc. by local transport authorities)f1,

(b)

sections 3A to 3L (bus services improvement partnerships)f2,

(c)

sections 13A to 13S (local services franchises)f3, and

(d)

Parts 1 to 3 of schedule A1 (bus services improvement partnership plans and schemes: procedures)f4.

6Amendment of the Transport (Scotland) Act 2001

(1)

The 2001 Act is amended as follows.

(2)

In the definition of “local transport authority” in section 82(1) (interpretation)—

(a)

in paragraph (a), omit “or”,

(b)

after that paragraph, insert—

“(aa)

the Shetland Transport Partnership;

(ab)

the South-West of Scotland Transport Partnership;”,

(c)

at the end of paragraph (b), insert—

“; or

(c)

the West of Scotland Transport Partnership;”.

Signature

Name

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Date

Explanatory note

(This note is not part of the Order)

This Order provides for certain transport-related functions of Shetlands Islands Council, Dumfries and Galloway Council and the Strathclyde Passenger Transport Authority to be exercisable by the Shetland Transport Partnership, the South-West of Scotland Transport Partnership and the West of Scotland Transport Partnership (“the Transport Partnerships”).

Articles 2 to 4 transfer specified functions under the Transport (Scotland) Act 2001 (“the 2001 Act”) to the Transport Partnerships. The transferred functions are exercisable by each of the Transport Partnerships concurrently with the original holder of those functions.

Article 5 specifies the functions transferred. These are functions under the 2001 Act relating to the provision of bus services by local transport authorities, bus services improvement partnerships and local services franchises.

Article 6 modifies the definition of “local transport authority” in section 82(1) of the 2001 Act to include the Transport Partnerships.