Search Legislation

Advanced Search

Transport (Scotland) Act 2005

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Transport (Scotland) Act 2005. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. The Act

  3. Commentary on Sections

    1. Part 1: Regional Transport

      1. Chapter 1: Regional Transport Partnerships

        1. Section 1: Establishment of regional Transport Partnerships

        2. Section 2: Dissolution of regional Transport Partnerships

        3. Administration

          1. Section 3: Regional Transport Partnerships: funding and borrowing

          2. Section 4: Further provision about regional Transport Partnerships

        4. Regional transport strategies

          1. Section 5: Formulation and content of regional transport strategies

          2. Section 6: Procedure before and after the drawing up of regional transport strategies

          3. Section 7: Review, modification and renewal of regional transport strategies

          4. Section 8: Duty of constituent councils and other public bodies as respects regional transport strategies

          5. Section 9: Joint regional transport strategies

        5. Regional transport functions

          1. Section 10: Other transport functions of regional Transport Partnerships

          2. Section 11: Alteration of functions of regional Transport Partnerships

          3. Section 12: Manner of performance of functions of regional Transport Partnerships

      2. Chapter 2: Transport Functions: Further Provisions

        1. Section 13: Transfer to Scottish Ministers of certain rail functions

        2. Section 14: Arrangements for performance by regional Transport Partnership  of certain transport functions etc.

      3. Chapter 3: Supplementary and Consequential Provision

        1. Section 15: Transfer of staff, property, rights and liabilities

    2. Part 2: Road Works

      1. The Scottish Road Works Commissioner

        1. Section 16 Creation, appointment, status and funding of Scottish Road Works Commissioner

        2. Section 17 Functions of Commissioner

        3. Section 18 Duty of road works authority and undertakers to provide Commissioner with information

      2. The Scottish Road Works Register

        1. Section 19 The Scottish Road Works Register

      3. Miscellaneous

        1. Section 20 Directions as to timing of road works

        2. Section 21 Directions as to placing of apparatus in roads

        3. Section 22 Restriction on works following substantial road works

        4. Section 23 Duty of road works authority to co-ordinate road works etc.

        5. Section 24 Duty of undertakers to co-operate with authorities and other undertakers

        6. Section 25 Enforcement of sections 118 and 119 of the 1991 Act

        7. Section 26 Qualifications of supervisors and operatives

        8. Section 27 Duty of authorities, undertakers etc. to ensure competence of employees etc.

        9. Section 28 Duty of undertaker to notify completion of road works: form and procedure

        10. Section 29 Notices requiring remedial works relating to reinstatements

      4. Resurfacing

        1. Section 30 Power of road works authority to require undertaker to resurface road

        2. Section 31 Resurfacing: regulations and guidance

        3. Section 32 Contributions to costs of resurfacing by undertaker

      5. Enforcement of 1991 Act

        1. Section 33 Increase in penalties for summary offences under the 1991 Act

        2. Section 34 Fixed penalty offences

        3. Section 35 Civil penalties for certain offences under the 1991 Act

      6. Resolution of disputes under 1991 Act

        1. Section 36 Method of settlement of certain disputes under the 1991 Act

      7. Enforcement of certain offences under the Roads (Scotland) Act 1984

        1. Section 37 Fixed penalty offences under the Roads (Scotland) Act 1984

        2. Section 38 Civil penalties for certain offences under the Roads (Scotland) Act 1984

        3. Section 39 Consultation on regulations and codes of practice

    3. Part 3: Miscellaneous

      1. Section 40 National travel concession schemes

      2. Section 41 Public Transport Users’ Committee for Scotland

      3. Section 42 Functions of the Committee

      4. Section 43 Guidance and direction to the Committee

      5. Section 44 Abolition of requirement on local traffic authority to inform the Scottish Ministers about certain pedestrian crossings

      6. Section 45 Modification of Highlands and Islands Shipping Services Act 1960 and loans for transport-related purposes

      7. Section 46 Amendment of procedure for dealing with applications for harbour orders

      8. Section 47 Amendment of procedure where harbour revision orders are made by the Scottish Ministers of their own motion

      9. Section 48 Transitional provision for sections 46 and 47

      10. Section 49 Badges for vehicles used for disabled people: change of terminology

      11. Section 50 Extension of remit of Bus User Complaints Tribunal

      12. Section 51 Minor amendments of Transport (Scotland) Act 2001

    4. Part 4 General

      1. Section 52 Orders and regulations

      2. Section 53 Interpretation

      3. Section 54 Short title and commencement

  4. Schedules

    1. Schedule 1 Further provision about regional Transport Partnerships

    2. Schedule 2 Scottish Road Works Commissioner: further provision

    3. Schedule 3 Increase in maximum fines for certain summary offences under the 1991 Act

    4. Schedule 4Schedule 6A to the New Roads and Street Works Act 1991

    5. Schedule 5Schedule 6B to the New Roads and Street Works Act 1991

    6. Schedule 6Schedule 8A to the Roads (Scotland) Act 1984

    7. Schedule 7Schedule 8B to the Roads (Scotland) Act 1984

  5. New Road and Street Works Act 1991 Part Iv Road Works in Scotland

    (Nb This Text is Provided for Guidance Only and Accuracy is Not Warranted)

  6. Parliamentary History

  • Explanatory Notes Table of contents

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources