Explanatory note

This Order makes consequential modifications and transitional provision in connection with the coming into force of provisions of the Transport and Works (Scotland) Act 2007 (“the Act”).

Part 1 of the Act provides the Scottish Ministers with a new order making power to authorise transport systems and inland waterways. Articles 2 and 3 of the order modify two enactments in consequence of provision made in Part 1 of the Act.

Article 4 sets out transitional provisions. By virtue of article 4(1) the Scottish Ministers will still be able (notwithstanding the commencement of section 22 of the Act) to make an order under the Light Railways Act 1896 to authorise a light railway provided an application for that order was made before section 22 of the Act came into force.

In terms of article 4(2) to (4), special parliamentary procedure will still apply, if triggered, in relation to any order or scheme under section 5, 7, 75 or 77 of the Roads (Scotland) Act 1984 where notice of that order or scheme has been given before the amendments and repeals in Schedules 2 and 3 to the Act to remove that procedure came into force. Special parliamentary procedure does not apply in respect of such an order or scheme which will be subject to affirmative resolution procedure in the Scottish Parliament pursuant to section 143A of the Roads (Scotland) Act 1984. (Section 143A is inserted by section 24(2) of the Act and provides for affirmative procedure where either the road project to which the instrument relates is a development designated as a national development (under section 3A(4)(b) of the Town and Country Planning (Scotland) Act 1997) or the Scottish Ministers direct that the instrument should be subject to such procedure).