The Transfer of Functions to the South-West of Scotland Transport Partnership Order 2006

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Draft Order laid before the Scottish Parliament under section 52(3) of the Transport (Scotland) Act 2005, for approval by resolution of the Scottish Parliament.

"Dumfries and Galloway Council" means the council of that name constituted under section 2 of the Local Government etc. (Scotland) Act 1994[2]; and

"the South-West of Scotland Transport Partnership" means the Transport Partnership established with that name by the Regional Transport Partnerships (Establishment, Constitution and Membership) (Scotland) Order 2005[3].

Transfer of functions to the South-West of Scotland Transport Partnership
     3. The functions which are exercisable by Dumfries and Galloway Council by virtue of the enactments specified in column 1 of Schedule 1 shall, subject to any restriction in the corresponding entry in column 2 of that Schedule, be exercisable by the South-West of Scotland Transport Partnership instead of by Dumfries and Galloway Council.

Functions exercisable concurrently by the South-West of Scotland Transport Partnership
     4. The functions which are exercisable by Dumfries and Galloway Council by virtue of the enactments specified in column 1 of Schedule 2 shall, subject to any restriction in the corresponding entry in column 2 of that Schedule, be exercisable by the South-West of Scotland Transport Partnership concurrently with Dumfries and Galloway Council.

Transitional and saving provision
     5. —(1) The transfer, by virtue of this Order, of any function exercisable by Dumfries and Galloway Council to the South-West of Scotland Transport Partnership shall not affect the validity of anything done (or having effect as if done) by or in relation to Dumfries and Galloway Council before the date on which the transfer takes effect.

    (2) Anything (including legal proceedings) which, at the time when that transfer takes effect, is in the process of being done by or in relation to Dumfries and Galloway Council may, so far as it relates to any function transferred, be continued by or in relation to South-West of Scotland Transport Partnership.

    (3) Anything done (or having effect as if done) by or in relation to Dumfries and Galloway Council for the purposes of or in connection with any function transferred to the South-West of Scotland Transport Partnership by virtue of this Order shall, if in force at the time when that transfer takes effect, have effect as if done by or in relation to South-West of Scotland Transport Partnership in so far as that is required for continuing its effect after that time.



A member of the Scottish Executive

St Andrew's House, Edinburgh
           2006

[2] 1994 c.39.back

[3] S.S.I. 2005/622.back

[4] Section 63 was amended by the Transport (Scotland) Act 2001 (asp 2) ("the 2001 Act"), Schedule 2, paragraph 4(3) and the Local Government in Scotland Act 2003 (asp 1) ("the 2003 Act"), section 60(3)(a).back

[5] Section 64 was amended by the Transport Act 2000 (c.38), Schedule 11, paragraph 12.back

[6] Section 93 was amended by the 2003 Act, section 44(1). Section 94(4) was amended by the 2001 Act, Schedule 2, paragraph 4(5).back

[7] Section 5 was amended by S.S.I. 2001/218.back

[8] Section 1 was amended by the Roads (Scotland) Act 1984 (c.54) ("the 1984 Act"), sections 49, 156(1) and Schedule 9, paragraph 48(2)(a)(b). Section 2 was amended by the 1984 Act, sections 49, 156(1) and Schedule 9, paragraph 48(3). Section 3 was amended by S.I. 2003/2155. Section 4 was amended by the 1984 Act, section 49.back

[9] Section 1 was amended by the 2001 Act, Schedule 2, paragraph 3. Section 2 was amended by the New Roads and Street Works Act 1991 (c.22) ("the 1991 Act"), Schedule 8(II), paragraph 18(4). Section 3 was amended by the 1991 Act, Schedule 9, paragraph 1. Section 4 was amended by S.I. 1996/1553.back

[10] Section 19 was amended by the 1991 Act, Schedule 9, paragraph 1.back

[11] Section 106 was amended by S.I. 1996/974.back