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The Forth Estuary Transport Authority Order 2002

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Forth Estuary Transport Authority Order 2002 No. 178

Explanatory Note

(This note is not part of the Order )

This Order, which is made under section 69 of the Transport (Scotland) Act 2001, dissolves the Forth Road Bridge Joint Board (“the existing Board”) and replaces it with a new body to be known as the Forth Estuary Transport Authority (“the Authority”). The Authority will be able to fund road and public transport measures that will improve travel across the Forth. The Authority is constituted with effect from 1st April 2002.

Article 3 of the Order dissolves the Forth Road Bridge Joint Board.

Article 4 transfers all property, rights or liabilities of the Board to the new Authority.

Article 5 provides for the transfer of the existing Board’s staff’s pension arrangements to the Authority.

Article 6 and Schedule 1 constitutes the Authority and provides the name, membership and appointment arrangements of the Authority.

Article 7 specifies the functions of the Authority.

Article 8 enables the Authority to vary existing and make new byelaws.

Article 9 provides that the Authority is to be a roads authority under the terms of the Roads (Scotland) Act 1984 and Schedule 2 specifies the area for which it will be responsible.

Article 10 provides for a general transfer of functions from the existing Board to the Authority.

Article 11 enables the Authority to operate discount schemes on the bridge by compounding for payment of tolls.

Article 12 enables the Authority to operate facilities incidental to the bridge.

Article 13 provides for the bridge to be exempt from rates.

Article 14 provides the Authority with incidental powers to undertake any action required for the effective discharge of its functions.

Article 15 provides for the transfer of responsibilities and obligations for actions taken by the present Board to the new Authority and make other incidental provisions.

Article 16 and Schedules 3 and 4 modify and repeal enactments relating to the existing Board to provide for the operation and establishment of the Authority. This includes the extension of the present Forth Road Bridge tolling order till 31st March 2006.

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