2007 No. 2139
The Scotland Act 1998 (Cross-Border Public Authorities) (Traffic Commissioner for the Scottish Traffic Area) Order 2007
Made
Laid before Parliament
Laid before the Scottish Parliament
Coming into force
At the Court at Buckingham Palace, the 25th day of July 2007
Present,
The Queen's Most Excellent Majesty in Council
The Traffic Commissioner for the Scottish Traffic Area has been specified as a cross border public authority by the Scotland Act 1998 (Cross Border Public Authorities) (Specification) Order 19991.
In accordance with section 89(3) of the Scotland Act 1998, following consultation with the Traffic Commissioner for the Scottish Traffic Area, a recommendation has been made to Her Majesty in Council to make this Order.
Accordingly, Her Majesty, in exercise of the powers conferred upon Her by sections 89, 113(3) and (4) and 124(2) of the Scotland Act 19982, is pleased, by and with the advice of Her Privy Council, to order as follows:
Citation, commencement and extent1
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 Ministers2
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 enactments3
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 provisions4
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.
SCHEDULEENACTMENTS CONFERRING FUNCTIONS TRANSFERRED TO THE SCOTTISH MINISTERS
Column 1 | Column 2 |
---|---|
Enactments | Restrictions |
The Public Passenger Vehicles Act 1981 (c. 14), sections 603 (general power to make regulations for purposes of Act) and 614 (exercise of regulation making powers and parliamentary control thereof), as applied by sections 134 (regulations, rules and orders) and 1355 (procedure for making regulations, rules and orders) of the Transport Act 1985 (c. 67). | Only so far as the functions are exercisable in relation to those functions under sections 66, 77 and 9 of the Transport Act 1985 which are exercisable by the Scottish Ministers by virtue of this Order. |
The Transport Act 1985 (c. 67)–
| Only so as to allow provision to be made in regulations as set out in paragraphs (g), (i) and (j) of section 6(9) of the Transport Act 1985. |
| – |
| – |
(This note is not part of the Order)