Schedule 1

Annotations

Footnotes

f1

Functions of the Secretary of State are, so far as exercisable in relation to Scotland, transferred to the Scottish Ministers by the Scotland Act 1998 (c. 46), section 53. Section 96(10) is amended by the Transport Act 1985, section 3 and Schedule 2, Part 2 and by the Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644, article 3 and Schedule 1.

f2

Section 2(2) is amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a) and the European Union (Amendment) Act 2008 (c. 7), section 3(3) and the Schedule, Part 1.

f3

Functions of the Secretary of State are, so far as exercisable in relation to Northern Ireland, transferred to any Northern Ireland Minister or Department by the Northern Ireland Act 1998 (c. 47), section 23(2). Section 15(1) was inserted in substitution by the Employment Protection Act 1975 (c. 71), section 116 and Schedule 15, paragraph 6. There are other amendments to subsection (1) which are not relevant to these Regulations. Section 15(4) is amended by the Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), articles 3 and 7. Section 43(6) was inserted in substitution by the Employment Protection Act 1975, section 116 and Schedule 15, paragraph 12. There are other amendments to subsection (6) which are not relevant to these Regulations.

f4

1980 c. 66. The functions of the Minister of Transport and the Secretary of State acting jointly to make regulations under subsection (2) were transferred to the Secretary of State for Transport by S.I. 1981/238. For further information about the subsequent transfer of functions see footnote (a) on page 1. Functions of the Secretary of State are, so far as exercisable in relation to Wales, vested in the Welsh Ministers. Those functions were transferred to the National Assembly for Wales constituted by the Government of Wales Act 1998 (c. 38) by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) article 2; see the entry in Schedule 1 for the Highways Act 1980. By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c. 32) they were transferred to the Welsh Ministers immediately after the end of the initial period as defined by section 161(5) of that Act. Section 300 is amended by the Countryside and Rights of Way Act 2000 (c. 37), section 70(3); the Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regulation 2 and the Schedule, Part 1, and the Transport for London Act 2008 (c. i), section 40.

f5

The functions of the Secretary of State relating to public service vehicle operator licensing, so far as exercisable in relation to Scotland, are reserved (see Scotland Act 1998, Schedule 5, Part 2, section E1(b)). All other functions of the Secretary of State in this Act, so far as relating to Scotland, were transferred to the Scottish Ministers by the Scotland Act 1998, section 53. Section 5 was inserted in substitution by the Transport Act 1985, section 3(2). Subsection (2) is amended by the Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013, article 3 and Schedule 1. Section 52(1) is amended by the Transport Act 1985, sections 1, 3 and 139(3); Schedule 1, paragraph 7, and Schedule 8; the Deregulation and Contracting Out Act 1994 (c. 40), section 66(2), the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22), section 16 and Schedule 6, and the Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013, article 3 and Schedule 1. Section 57(3) is amended by the Transport Act 1985, sections 1 and 139(3); Schedule 1, paragraph 9 and Schedule 8. Section 59 is amended by the Transport Act 1985, sections 1 and 139(3); Schedule 1, paragraph 10 and Schedule 8, and by the Road Traffic (Driver Licensing and Information Systems) Act 1989, section 16 and Schedule 6. Section 60 is amended by the Transport Act 1985, sections 3, 134(2), 139(2); Schedule 2, Part 2; Schedule 7 and Schedule 8, and by the Deregulation and Contracting Out Act 1994, section 66(5). There are other amendments to this section which are not relevant to these Regulations.

f6

The functions of the Secretary of State are, so far as exercisable in relation to Scotland, transferred to the Scottish Ministers by the Scotland Act 1998, section 53. Section 63A was inserted by the Road Traffic Act 1991 (c. 40), section 44(1). Subsection (4) was inserted in substitution by the Traffic Management Act 2004 (c. 18), section 91 and Schedule 11, paragraph 2.The effect is that subsection (4) applies throughout England and Wales, and not just in Greater London.

f7

Section 42 does not extend to Scotland (see Transport Act 1985, section 140(4)). This section is prospectively repealed by the Greater London Authority Act 1999 (c. 29), section 423 and Schedule 34, Part 2 on a date to be appointed.

f8

The functions of the Secretary of State under section 31(2), so far as exercisable in or as regards Scotland, were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750, article 2 and Schedule 1). The functions of the Secretary of State in section 31(2) are, so far as exercisable in relation to Wales, vested in the Welsh Ministers. These functions were transferred to the National Assembly for Wales constituted by the Government of Wales Act 1998 by the National Assembly for Wales (Transfer of Functions) Order 1999 article 2; see the entry in Schedule 1 for the Road Traffic Act 1988. By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 they were transferred to the Welsh Ministers immediately after the end of the initial period as defined by section 161(5) of that Act.