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

S.S.I. 2023/250 · made 6 September 2023 · revised to 30 November 2023

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

Made under: Transport (Scotland) Act 2019 (Section 130)

PDFs: Printed copy https://openlegislation.uk/transport-scotland-act-2019-commencement-no-7-regulations-2023/pdf/ssi_20230250_en.pdf

## Introductory text

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 2019.

## 1 Citation and commencement

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

## 2 Appointed day

(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 force

Column 1
Provision of the Transport (Scotland) Act 2019
Column 2
Subject matter
Column 3
Appointed day
Column 4
Purpose
Section 35
Bus services improvement partnerships
4 December 2023
Section 36
Procedures for partnership plans and schemes
4 December 2023
Section 37
Registration of local services and functions of traffic commissioner
4 December 2023
For the purpose of enabling the Scottish Ministers to make regulations under inserted section 6M of the Transport Act 1985
Section 38
Franchising arrangements for local services
4 December 2023
Section 50
Pavement parking prohibition
11 December 2023
Section 54
Double parking prohibition
11 December 2023
Section 55
Exceptions to pavement parking prohibition and double parking prohibition
11 December 2023
Section 56
Dropped footway parking prohibition
11 December 2023
Section 57
Exceptions to dropped footway parking prohibition
11 December 2023
Section 58
Imposition of penalty charges
22 September 2023
For the purpose of enabling the Scottish Ministers to make regulations under section 58(4)(b) and (5)
Section 58
Imposition of penalty charges
11 December 2023
For all other purposes
Section 59
Enforcement of parking prohibitions
22 September 2023
Section 60
Power to install approved devices
11 December 2023
Section 61
Removal of motor vehicles parked contrary to parking prohibitions
11 December 2023
Section 62
Moving motor vehicles parked contrary to parking prohibitions
11 December 2023
Section 63
Disposal of removed motor vehicles
11 December 2023
Section 64
Arrangements in connection with enforcement
11 December 2023
Section 65
Power to share information
11 December 2023
Section 66
Accounts
22 September 2023
Section 69
Interpretation of Part 6
11 December 2023
Section 110
Inspection functions
1 April 2024
Section 111
Compliance notices
1 April 2024
Section 119
Information about apparatus
1 April 2024
Section 120
Health boards: duty to have regard to community benefit in non-emergency patient transport contracts
1 October 2023
Section 121
Health boards: duty to work with community transport bodies
1 October 2023
Section 125
Individual culpability where offending by an organisation
22 September 2023
Section 126
Crown application
22 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 repeals
4 December 2023
Schedule, paragraph 3(6)
Minor and consequential amendments and repeals
4 December 2023
For all remaining purposes
Schedule, paragraphs 6(4), (5), (9) and (10) and 7(4)
Minor and consequential amendments and repeals
1 April 2024
Schedule, paragraph 7(2)
Minor and consequential amendments and repeals
22 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.

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Source: https://www.legislation.gov.uk/ssi/2023/250 (the official version)
Page: https://openlegislation.uk/transport-scotland-act-2019-commencement-no-7-regulations-2023
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

