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(1) Any power of the Scottish Ministers to make an order, regulations or rules under this Act is exercisable by statutory instrument.
(2) Subject to subsections (3) to (5), a statutory instrument containing—
(a) an order under section 12(18) or 18(1) or under subsection (7) of this section,
(b) regulations under this Act, or
(c) rules under this Act,
is subject to annulment in pursuance of a resolution of the Parliament.
(3) A statutory instrument containing—
(a) an order under section 12(18), 18(1) or 30(4) or under subsection (7) of this section which includes, or
(b) regulations or rules which include,
provision adding to, replacing or omitting any part of the text of an Act is not made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.
(4) On the first occasion on which a power mentioned in subsection (5) is exercised the statutory instrument containing the order, regulations or rules in question is not made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.
(5) The powers are—
(a) that under section 4(2),
(b) that under section 8(1),
(c) that under paragraph (a) of section 10(1),
(d) that under paragraph (b) of section 10(1),
(e) that under section 12(18),
(f) that under section 14(3),
(g) that under paragraph (a) of section 18(1),
(h) that under paragraph (b) of section 18(1).
(6) Any power of the Scottish Ministers to make an order, regulations or rules under this Act—
(a) may be exercised so as to make different provision for different cases or descriptions of case or for different purposes,
(b) may be exercised so as to make provision for the delegation of functions, and
(c) without prejudice to subsection (7), includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision (including provision amending, repealing or revoking any enactment) as they consider necessary or expedient.
(7) In connection with the coming into force of any provision of this Act the Scottish Ministers may by order under this subsection make such provision as is mentioned in paragraph (c) of subsection (6).
(8) Any offence created by or under an order under section 1 or 18 is to be triable only summarily, and no such order is to authorise the imposition on persons convicted of an offence of—
(a) a term of imprisonment, or
(b) a fine exceeding level 3 on the standard scale.
(1) Schedule 2, which modifies enactments, has effect.
(2) The enactments specified in column 1 of schedule 3 are repealed to the extent specified in column 2.
(1) This Act may be cited as the Transport and Works (Scotland) Act 2007.
(2) This section and section 28 come into force on the day after Royal Assent.
(3) Sections 25(2) and (5)(a) to (g), (i) and (j) and 27 come into force at the end of the period of two months beginning with the date of Royal Assent.
(4) The remaining provisions of this Act come into force on such day as the Scottish Ministers may by order appoint.
(5) The provisions of section 25 specified in subsection (3) do not apply in relation to an application for an order under section 14 or 16 of the Harbours Act 1964 (c. 40) (harbour revision and empowerment orders) if the application was made before those provisions come into force.
(introduced by section 2(1))
1 The construction, alteration, repair and maintenance of railways, tramways, trolley vehicle systems and other transport systems within section 1(1)(a), waterways, roads, watercourses, tunnels, bridges, buildings and other structures.
2 The carrying out of demolition or any other civil engineering or other works.
3 The acquisition of land, whether compulsorily or by agreement.
4 The creation and extinguishment of rights over land (including rights of navigation over water and fishing rights), whether compulsorily or by agreement.
5 The abrogation and modification of agreements relating to land.
6 The conferring on persons providing transport services of rights to use systems belonging to others.
7 The protection of the property or interests of any person.
8 The imposition and exclusion of obligations or of liability in respect of any acts or omissions.
9 The making of agreements to secure the provision of police services.
10 The carrying out of surveys and the taking of soil samples.
11 The payment of compensation.
12 The charging of tolls, fares (including penalty fares) and other charges, and the creation of offences in connection with non-payment (or in connection with a person’s failure to give a name and address in accordance with provisions relating to penalty fares).
13 The making of byelaws by any person and their enforcement, including the creation of offences.
14 The payment of rates.
15 The transfer, leasing, discontinuance and revival of undertakings.
16 The transfer of powers to construct or operate a transport system or inland waterway.
17 The submission of disputes to arbitration.
18 The imposition of requirements to obtain the consent of the Scottish Ministers or another person.
Transport and Works (Scotland) Act 2007