Transport and Works (Scotland) Act 2007

Commentary on Sections

5. The Act is in three parts:

• Part 1: Orders authorising works etc. (which contains 23 sections and 1 schedule),

• Part 2: Miscellaneous amendments (containing 4 sections), and

• Part 3: General (containing 3 sections and 2 schedules).

6. The contents of the Act are summarised below:

• Part 1 makes provision to enable the Scottish Ministers, under an order-making power, to authorise transport developments and provides details of the procedure for the making of orders.

• Part 2 makes modifications to legislation relating to road and harbour developments, bringing consistency to the authorisation process for transport developments. It also establishes revised procedures for the making of Pilotage orders. A minor modification is made to the Transport (Scotland) Act 2001 to enable the Scottish Ministers to make grants and loans for the purchase of certain properties in consequence of a transport development.

• Part 3 describes how secondary legislation (orders, rules and regulations) will be made. It also deals with modifications, repeals in respect, predominantly, of special Parliamentary procedure and the commencement and short title of the Act.

7. The Act impacts on a number of Acts but makes particular reference to:

• the Harbours Act 1964

• the Roads (Scotland) Act 1984

• the Pilotage Act 1987