Citation, commencement and extent

1.—(1) This Order may be cited as the Scotland Act 1998 (Cross Border Public Authorities) (Traffic Commissioner for the Scottish Traffic Area) Order 2007 and shall come into force on 1st October 2007.

(2) This Order does not extend to Northern Ireland.

Transfer of functions to the Scottish Ministers

2.  The functions which are conferred on a Minister of the Crown by the enactments specified in column 1 of the Schedule shall–

(a)so far as exercisable by that Minister in relation to the Traffic Commissioner for the Scottish Traffic Area; and

(b)subject to any restriction in the corresponding entry in column 2 of the Schedule,

be exercisable by the Scottish Ministers instead of by the Minister of the Crown.

General modification of enactments

3.  Sections 117 and 118 (general modification of enactments) of the Scotland Act 1998 shall apply in relation to the exercise of functions by the Scottish Ministers by virtue of article 2 of this Order as they apply in relation to the exercise of functions by the Scottish Ministers within devolved competence.

Transitional and saving provisions

4.—(1) The transfer, by virtue of this Order, of any function exercisable by a Minister of the Crown to the Scottish Ministers shall not affect the validity of anything done (or having effect as if done) by or in relation to a Minister of the Crown, for the purposes of or in connection with any such function, before the date on which the transfer takes effect.

(2) Anything (including legal proceedings) which, at the time when that transfer takes effect, is in the process of being done by or in relation to a Minister of the Crown may, so far as it relates to any function transferred, be continued by or in relation to the Scottish Ministers.

(3) Anything done (or having effect as if done) by or in relation to a Minister of the Crown for the purposes of or in connection with any function transferred to the Scottish Ministers by virtue of this Order shall, if in force at the time when that transfer takes effect, have effect as if done by or in relation to the Scottish Ministers in so far as that is required for continuing its effect after that time.

Article 2

SCHEDULEENACTMENTS CONFERRING FUNCTIONS TRANSFERRED TO THE SCOTTISH MINISTERS

Explanatory Note

(This note is not part of the Order)

This Order makes provision in relation to the Traffic Commissioner for the Scottish Traffic Area who was specified as a cross border public authority by the Scotland Act 1998 (Cross Border Public Authorities) (Specification) Order 1999 (S.I. 1999/1319).

Article 2 provides that the functions conferred on a Minister of the Crown by the enactments specified in the Schedule to this Order shall, so far as exercisable in relation to the Traffic Commissioner for the Scottish Traffic Area, be exercisable by the Scottish Ministers instead of by a Minister of the Crown, subject, in certain cases, to specified restrictions.

The functions specified in the Schedule are functions which are specifically exercisable in relation to the Traffic Commissioner for the Scottish Traffic Area by the Secretary of State and which, as a result of the operation of section 88(1) of the Scotland Act 1998, have not transferred to the Scottish Ministers at devolution by virtue of section 53 of the Scotland Act.

In relation to the Public Passenger Vehicles Act 1981, this Order transfers the regulation making functions of the Secretary of State under sections 60 and 61 (which are applied, with modifications, to regulations made under Part I and Part II of the Transport Act 1985 by sections 134 and 135 of that Act), insofar as they are exercisable in relation to the Traffic Commissioner for the Scottish Traffic Area, and subject to the restriction specified in Column 2 of the Schedule. This restriction means that sections 60 and 61 are transferred only insofar as they are exercisable in relation to those functions under sections 6, 7 and 9 of the Transport Act 1985 transferred by this Order.

In relation to the Transport Act 1985 this Order transfers–

(a)the regulation making functions of the Secretary of State under section 6(9) in relation to the registration of local services (but only so as to allow provision to be made in regulations as set out in paragraphs (g), (i) and (j) of section 6(9));

(b)the function of the Secretary of State under section 7(6)(d) to prescribe matters which can be regulated by traffic regulation conditions (which may be determined by a traffic commissioner under section 7(1));

(c)the function of the Secretary of State under section 7(9) and (11) to prescribe periods within which requests may be made to a traffic commissioner for an inquiry into traffic regulation conditions; and

(d)the functions of the Secretary of State in relation to appeals against traffic regulation conditions under section 9,

insofar as they are exercisable in relation to the Traffic Commissioner for the Scottish Traffic Area.

Article 3 ensures that any references to the Secretary of State and powers to make legislation are glossed appropriately to reflect the transfer of functions to the Scottish Ministers.

Article 4 makes transitional and saving provisions as regards the previous exercise of functions by a Minister of the Crown prior to their devolution to the Scottish Ministers.