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The Bus User Complaints Tribunal Regulations Revocation Regulations 2006

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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 Bus User Complaints Tribunal Regulations Revocation Regulations 2006 No. 608

Draft Regulations laid before the Scottish Parliament under section 81(4) of the Transport (Scotland) Act 2001 for approval by resolution of the Scottish Parliament.

Draft Scottish Statutory Instruments

2006 No.

TRANSPORT

The Bus User Complaints Tribunal Regulations Revocation Regulations 2006

Made

2006

Coming into force in accordance with article 1

The Scottish Ministers, in exercise of the powers conferred by sections 41(1) and 81(2) of the Transport (Scotland) Act 2001(1) and of all other powers enabling them in that behalf hereby make the following Regulations, a draft of which has, in accordance with section 81(4) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Citation and commencement

1.  These Regulations may be cited as the Bus User Complaints Tribunal Regulations Revocation Regulations 2006 and shall come into force on the date on which the sub-committee is established in terms of article 10(1) of the Public Transport Users' Committee for Scotland Order 2006(2).

Interpretation

2.  In these Regulations–

“the 2002 Regulations” means the Bus User Complaints Tribunal Regulations 2002(3);

“the PTUC” means the Public Transport Users' Committee for Scotland established under article 3 of the Public Transport Users' Committee for Scotland Order 2006.

Revocation

3.  The 2002 Regulations are revoked.

Transitional and savings provision

4.—(1) The revocation of the 2002 Regulations by virtue of regulation 3 shall not affect the validity of anything done (or having effect as if done) by or in relation to the Tribunal before the date on which these Regulations come into force.

(2) Anything (including legal proceedings) which, at the time when these Regulations come into force, is in the process of being done by or in relation to the Tribunal may be continued by or in relation to the PTUC.

(3) Anything done (or having effect as if done) by or in relation to the Tribunal shall have effect as if done by or in relation to the PTUC in so far as that is required for continuing its effect on or after the date on which these Regulations come into force.

(4) Paragraph (5) applies in relation to any compensation required to be paid under–

(a)regulation 10 of the 2002 Regulations; or

(b)regulation 9 of the 2002 Regulations following an appeal under that regulation,

but which remains unpaid before the date on which these Regulations come into force.

(5) That compensation shall still require to be paid by the operator concerned notwithstanding the revocation of the 2002 Regulations.

(6) References to the Tribunal in this regulation shall include a reference to its convenor in relation to an application for an appeal against a determination made under regulation 9 of the 2002 Regulations which has not been considered by the convenor in terms of that regulation before the date on which these Regulations come into force.

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke the Bus User Complaints Tribunal Regulations 2002. The functions of the Bus User Complaints Tribunal have been conferred on the Public Transport Users' Committee for Scotland by virtue of the Public Transport Users' Committee for Scotland Order 2006.

Regulation 4 makes transitional and savings provision.

(1)

2001 asp 2; section 41 was amended by section 50 of the Transport (Scotland) Act 2005 (asp 12).

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