Transport (Scotland) Act 2019

Ministerial directions and guidance S

67 Ministerial directions S

(1) The Scottish Ministers may direct local authorities in connection with the exercise of their functions under this Part.

(2) A direction under subsection (1) may, in particular—

(a) specify assessments to be carried out in connection with the making of exemption orders,

(b) make provision relating to uniforms to be worn by authorised enforcement officers,

(c) specify information to be published by local authorities in connection with this Part.

(3) A direction under subsection (1)—

(a) may be general or relate to a particular function or local authority,

(b) may be given to—

(i) each local authority,

(ii) a particular local authority in relation to the whole or part of the area of the local authority,

(iii) local authorities of a particular description,

(c) must—

(i) be in writing,

(ii) be published in such manner as the Scottish Ministers consider appropriate as soon as reasonably practicable after it is given.

(4) The Scottish Ministers may revise or revoke a direction under subsection (1).

(5) The Scottish Ministers may, in particular, revise a direction under subsection (1) which is given to each local authority so that it—

(a) ceases to apply to—

(i) a particular local authority in relation to the whole or part of the area of the local authority,

(ii) local authorities of a particular description,

(b) applies with modifications to—

(i) a particular local authority in relation to the whole or part of the area of the local authority,

(ii) local authorities of a particular description.

(6) Subsection (3)(c) applies to the revision or revocation of a direction under subsection (1) as it applies to such a direction.

(7) In subsection (2)(b), “authorised enforcement officers” has the meaning given by section 58(6).

Commencement Information

I1 S. 67 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(d)

68 Ministerial guidance S

(1) The Scottish Ministers may, following consultation with such persons as they consider appropriate, issue written guidance in relation to the exercise of functions conferred on a local authority (whether as a local authority or as a traffic authority) by virtue of this Part.

(2) A local authority must have regard to any written guidance given by the Scottish Ministers about the exercise of functions conferred on it (whether as a local authority or as a traffic authority) by virtue of this Part.

(3) The Scottish Ministers must publish any such guidance in such manner as they consider appropriate as soon as reasonably practicable after it is given.

Commencement Information

I2 S. 68 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(e)