- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Scottish Statutory Instruments
PUBLIC PASSENGER TRANSPORT
Made
20th December 2006
Laid before the Scottish Parliament
22nd December 2006
Coming into force
1st February 2007
The Scottish Ministers, in exercise of the powers conferred by sections 24(1) and 25(1) of the Public Passenger Vehicles Act 1981(1) and of all other powers enabling them in that behalf, and after consultation with representative organisations in accordance with section 61(2) of that Act(2), hereby make the following Regulations:
1.—(1) These Regulations may be cited as the Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Amendment (Scotland) Regulations 2006 and shall come into force on 1st February 2007.
(2) These Regulations extend to Scotland only.
2. The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990(3) are amended in accordance with regulations 3 and 4.
3. In regulation 5 (the conduct of drivers, inspectors and conductors)–
(a)in paragraph 3, omit sub paragraph (b); and
(b)omit paragraph 4.
4. In regulation 6(1) (the conduct of passengers), omit sub-paragraph (d).
TAVISH SCOTT
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
20th December 2006
(This note is not part of the Regulations)
These Regulations amend the Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990 (“the 1990 Regulations”) to omit the requirement that drivers, inspectors and conductors shall not smoke in or on a vehicle except–
(a)when the vehicle is not available for the carriage of passengers in any part of the vehicle where smoking is not prohibited; or
(b)with the permission of the operator and the agreement of the hirer when the vehicle is hired as a whole.
Similarly omitted is the requirement on passengers not to smoke or carry lighted tobacco or light a match or a cigarette lighter in or on any part of the vehicle where passengers are by a notice informed that smoking is prohibited, unless the vehicle has been hired as a whole and both the operator and the hirer have given their permission to the contrary.
Regulation 3 of and Schedule 1 to the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (S.S.I. 2006/90) prescribe a public transportation vehicle as a class of premises which are no-smoking premises for the purposes of Part 1 the Smoking, Health and Social Care (Scotland) Act 2005 and so are regulated by that. Accordingly smoking by drivers, inspectors, conductors or passengers on such vehicles no longer requires to be regulated by the 1990 Regulations.
1981 c. 14. The powers conferred on the Secretary of State were transferred to Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). See section 60(2) of the Public Passenger Vehicles Act 1981 for the definition of “regulations”. Section 60(2) was amended by section 134(2)(b) of the Transport Act 1985 (c. 67).
Section 61 was amended by sections 135(1) and 139(3) of, and Schedule 8 to, the Transport Act 1985 (c. 67).
S.I. 1990/1020.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: