Explanatory Notes

Railways and Transport Safety Act 2003

2003 CHAPTER 20

10 July 2003

The Act

Part 4 - Shipping: Alcohol and Drugs

Commentary on sections

Section 91: Territorial application

120.Section 91(2) and (3) ensures that the Scottish common law powers of entry for obtaining evidence are maintained in the case of mariners, as is currently the case for car drivers, train drivers and now aviation personnel who may have committed an alcohol or drug related offence. It disapplies provisions contained in this Act giving the police rights of entry, since these would risk conflicting with the common law powers available in Scotland.