Scotland Act 1998 Explanatory Notes

Exceptions

The subject-matter of:

(a)

sections 39 and 40 of the Road Traffic Act 1988 (road safety information and training).  This means that the Scottish Parliament is able to legislate about matters concerned with the promotion of road safety by local authorities or other bodies and to subsidise bodies other than local authorities to give road safety advice and training. Both the Scottish Ministers and UK Government Ministers will have functions exercisable in or as regards Scotland in relation to the promotion of road safety.  This is because section 52(1)(h) of the Act gives them concurrent powers; and

(b)

sections 157 to 159 of the Road Traffic Act 1988 (payment for treatment of traffic casualties).  The Scottish Parliament is able to legislate about payments for hospital treatment of road traffic accident casualties.  This is consistent with the devolution of other health matters. The National Health Service in Scotland, through Health Boards and NHS Trusts, can recover the costs incurred in treating road traffic casualties from insurance companies.

Back to top