OpenLegislation

The Transport (Scotland) Act 2019 (Commencement No. 7) Regulations 2023

S.S.I. 2023/250 · Made 6 September 2023 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 30 November 2023.

Transport

Made 6th September 2023

Laid before the Scottish Parliament 8th September 2023

Coming into force 22nd September 2023

The Scottish Ministers make the following Regulations in exercise of the power conferred by section 130(2) and (3) of the Transport (Scotland) Act 2019f1.

Annotations to the whole text

Footnotes

f1

2019 asp 17.

Contents

  1. 1Citation and commencement
  2. 2Appointed day
  3. Signature
  4. Schedule Provisions of the Transport (Scotland) Act 2019 coming into force
  5. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Transport (Scotland) Act 2019 (Commencement No. 7) Regulations 2023 and come into force on 22 September 2023.

2Appointed dayI1

(1)

The day appointed for the coming into force of the provisions of the Transport (Scotland) Act 2019 specified in column 1 of the schedule (the subject matter of which is described in column 2 of the schedule) is the day specified in column 3 of the schedule.

(2)

Where a purpose is specified in column 4 of the schedule, a provision mentioned in column 1 of the schedule comes into force in accordance with paragraph (1) only for that purpose.

Signature

FIONA HYSLOP

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

6th September 2023

Provisions of the Transport (Scotland) Act 2019 coming into forceI1

Column 1

Provision of the Transport (Scotland) Act 2019

Column 2

Subject matter

Column 3

Appointed day

Column 4

Purpose

Section 35Bus services improvement partnerships4 December 2023
Section 36Procedures for partnership plans and schemes4 December 2023
Section 37Registration of local services and functions of traffic commissioner4 December 2023For the purpose of enabling the Scottish Ministers to make regulations under inserted section 6M of the Transport Act 1985
Section 38Franchising arrangements for local services4 December 2023
Section 50Pavement parking prohibition11 December 2023
Section 54Double parking prohibition11 December 2023
Section 55Exceptions to pavement parking prohibition and double parking prohibition11 December 2023
Section 56Dropped footway parking prohibition11 December 2023
Section 57Exceptions to dropped footway parking prohibition11 December 2023
Section 58Imposition of penalty charges22 September 2023For the purpose of enabling the Scottish Ministers to make regulations under section 58(4)(b) and (5)
Section 58Imposition of penalty charges11 December 2023For all other purposes
Section 59Enforcement of parking prohibitions22 September 2023
Section 60Power to install approved devices11 December 2023
Section 61Removal of motor vehicles parked contrary to parking prohibitions11 December 2023
Section 62Moving motor vehicles parked contrary to parking prohibitions11 December 2023
Section 63Disposal of removed motor vehicles11 December 2023
Section 64Arrangements in connection with enforcement11 December 2023
Section 65Power to share information11 December 2023
Section 66Accounts22 September 2023
Section 69Interpretation of Part 6 F111 December 2023
Section 110Inspection functions1 April 2024
Section 111Compliance notices1 April 2024
Section 119Information about apparatus1 April 2024
Section 120Health boards: duty to have regard to community benefit in non-emergency patient transport contracts1 October 2023
Section 121Health boards: duty to work with community transport bodies1 October 2023
Section 125Individual culpability where offending by an organisation22 September 2023
Section 126Crown application22 September 2023
Schedule, paragraphs 1, 2(2), 3(3), (4), (5), (7), (8) and (9) and 4(2)(b) and (c)Minor and consequential amendments and repeals4 December 2023
Schedule, paragraph 3(6)Minor and consequential amendments and repeals4 December 2023For all remaining purposes
Schedule, paragraphs 6(4), (5), (9) and (10) and 7(4)Minor and consequential amendments and repeals1 April 2024
Schedule, paragraph 7(2)Minor and consequential amendments and repeals22 September 2023

Explanatory note

(This note is not part of the Regulations)

These Regulations appoint dates for the coming into force of certain provisions of the Transport (Scotland) Act 2019 (“the 2019 Act”).

Regulation 2 and the schedule bring into force the following provisions of the 2019 Act on 22 September 2023: section 58 but only for the purpose of making regulations under section 58(4)(b) and (5), section 59, section 66, section 125, section 126 and paragraph 7(2) of the schedule. Sections 120 and 121 of the 2019 Act are brought into force on 1 October 2023. These Regulations bring sections 35 and 36, 37 (but only for the purpose of making regulations under inserted section 6M of the Transport Act 1985), 38 and paragraphs 1, 2(2), 3(3), (4), (5), (6) (in so far as not already in force), (7), (8) and (9), 4(2)(b) and (c) of the schedule of the 2019 Act into force on 4 December 2023. Regulation 2 and the schedule also bring sections 50, 54 to 66 and 69 of the 2019 Act into force on 11 December 2023 for all remaining purposes. Section 110, section 111, section 119 and paragraphs 6(4), (5), (9) and (10), and paragraph 7(4) of the schedule of the 2019 Act are brought into force on 1 April 2024.

Sections 35 and 36 introduce a number of new provisions on Bus Services Improvement Partnerships (“BSIPs”) into the Transport (Scotland) Act 2001 (“the 2001 Act”) (inserted sections 3A to 3M and a new schedule A1). Section 37 is brought into force to provide the Scottish Ministers with the power to make regulations under inserted section 6M of the Transport Act 1985. Section 38 introduces a number of new provisions into the 2001 Act (section 13A to section 13T) to enable a local transport authority to create and operate local bus services under a franchising framework.

Section 50, sections 54 to 66 and section 69 set out the parking prohibitions and exceptions, and enforcement of parking prohibitions provided for in Part 6 of the 2019 Act.

Section 110 inserts new provisions into the Transport (Scotland) 2005 Act which enable the Scottish Road Works Commissioner (“SRWC”) to carry out a number of inspection functions in relation to compliance with road works obligations and makes further provision with respect to the exercise of any such function. Section 111 enables the SRWC to issue compliance notices and makes provision about the content and form of such notices, appeals against them and the processes for withdrawal and variation of notices. Section 119 replaces section 138 of the New Roads and Street Works Act 1991 with a new section 138A. Section 138A requires undertakers and other people who are carrying out works in a road to enter in the Scottish Road Works Register details of the apparatus.

Sections 120 and 121 set out duties of Health Boards in respect of the provision of non-emergency patient transport.

Section 125 makes provision in relation to corporate offending. Section 126 deals with the Crown application.

Provisions of the schedule of the 2019 Act make minor and consequential amendments and repeals which relate to the changes made in Part 3 (bus services) and Part 9 (road works) of the 2019 Act.

The Bill for the Act received Royal Assent on 15 November 2019. Sections 128 to 131 came into force on the following day.