This Scottish Statutory Instrument has been made in consequence of defects in S.I. 2016/362 and is being issued free of charge to all known recipients of that instrument.
Scottish Statutory Instruments
Road Traffic
Made
16th May 2018
Laid before the Scottish Parliament
18th May 2018
Coming into force
28th June 2018
The Scottish Ministers, being the relevant authority and the national authority, make the Regulations in Part 1 of this Instrument in exercise of the powers conferred by section 64(1) to (3) and (5) of the Road Traffic Regulation Act 1984(1) (“the 1984 Act”) and section 36(5) of the Road Traffic Act 1988(2) (“the 1988 Act”).
The Scottish Ministers, being the relevant authority and the national authority, give the General Directions in Part 2 of this Instrument in exercise of the powers conferred by sections 65(1)(3) and 85(2)(4) of the 1984 Act.
The Scottish Ministers in respect of the Regulations in Part 1 have, in accordance with section 134(8)(5) of the 1984 Act and section 195(2A)(6) of the 1988 Act, consulted with such representative organisations as they thought fit and, in accordance with section 134(7)(7) of the 1984 Act and section 36(7)(8) of the 1988 Act, have consulted with the Secretary of State.
1984 c.27. Section 64(1) and (2) was amended by the Wales Act 2017 (“the 2017 Act”) (c.4), section 26(4). Section 64(5) was amended by the Road Traffic (Consequential Provisions) Act 1988 (c.54), schedule 3, paragraph 25(3). Section 64(1) and (2) refers to “relevant authority”. For the definition of “relevant authority” see section 64(6A) (that definition having been inserted by the 2017 Act, section 26(4)).
1988 c.52. Section 36(5) was amended by S.I. 1997/2971 and by the Scotland Act 2016 (c.11) (“the 2016 Act”), section 41(22). For the definition of “national authority” see section 36(8) of the Road Traffic Act 1988 (as inserted by the 2016 Act, section 41(23)). The amendments made to section 36(8) by the 2017 Act, schedule 6, paragraph 46(d) are not relevant.
Section 65(1) was substituted by the New Roads and Street Works Act 1991 (c.22), schedule 8, Part 2, paragraph 48(2). It was amended by the Road Traffic Act 1991 (c.40), schedule 4, paragraph 29, by the 2016 Act, section 41(5) and by the 2017 Act, schedule 6, Part 3, paragraph 37(2). For the definition of “relevant authority” see section 65(5) (that definition having been inserted by the 2017 Act, schedule 6, paragraph 37(6)).
Section 85(2) was amended by the New Roads and Street Works Act 1991, schedule 8, Part 2, paragraph 62(3), the Road Traffic Act 1991, schedule 4, paragraph 30 and schedule 8, the Infrastructure Act 2015 (c.7), schedule 1, Part 2, paragraph 89(2), and the 2016 Act, section 42(11). For the definition of “national authority” see section 142(1) of the Road Traffic Regulation Act 1984 (c.27) (that definition having been inserted by the 2016 Act, section 41(18) and amended by the 2017 Act for purposes not relevant to this instrument).
Section 134(8) was inserted by the 2016 Act, schedule 2, Part 1, paragraph 12(5).
Section 195(2A) was inserted by the Scotland Act 2012 (c.11), section 20(9).
Section 134(7) was inserted by the 2016 Act, schedule 2, Part 1, paragraph 12(5).
Section 36(7) was inserted by the 2016 Act, section 41(23) and amended by the 2017 Act, schedule 6, Part 3, paragraph 46.
Section 65(3ZC) was inserted by the 2016 Act, section 41(8) and amended by the 2017 Act, schedule 6, Part 3, paragraph 37(5).
Section 85(10) was inserted by the 2016 Act, section 42(16) and amended by the 2017 Act, schedule 6, Part 3, paragraph 41(4).