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      SCOTTISH STATUTORY INSTRUMENTS

      2001 No. 132 (C. 7)

      TRANSPORT

      The Transport (Scotland) Act 2001 (Commencement No. 1, Transitional Provisions and Savings) Order 2001

        Made 30th March 2001 

      The Scottish Ministers, in exercise of the powers conferred by sections 81(2)(b), 84(2) and (3) of the Transport (Scotland) Act 2001[1] hereby make the following Order:

      Citation and interpretation
           1.  - (1) This Order may be cited as the Transport (Scotland) Act 2001 (Commencement No. 1, Transitional Provisions and Savings) Order 2001.

          (2) In this Order-

        "the Act" means the Transport (Scotland) Act 2001; and

        "the 1985 Act" means the Transport Act 1985[2].

      Commencement of Provisions
           2.  - (1) This article has effect subject to the provisions of articles 3 and 4 below.

          (2) The provisions of the Act which are specified in column 1 of Part I of the Schedule to this Order shall come into force on 1st April 2001 but, where a particular purpose in relation to any such provision is specified in column 2 of that Part of that Schedule, that provision shall come into force on that day only for that purpose.

          (3) The provisions of the Act specified in Part II of the Schedule to this Order shall come into force on 1st July 2001 but, where a particular purpose in relation to any such provision is specified in column 2 of that Part of that Schedule, that provision shall come into force on that day only for that purpose.

          (4) The provisions of the Act specified in Part III of the Schedule to this Order shall come into force on 1st April 2002.

      Transitional Provisions and Savings
                 3. Section 36 of the Act shall not apply in relation to invitations to tender under section 89 of the 1985 Act issued before 1st April 2001.

                 4. Section 40(1), (3) and (4) of the Act shall not apply in relation to a determination made to the effect that an operator has:-

        (a) failed as mentioned in section 111(1)(a) of the 1985 Act; or

        (b) operated as mentioned in paragraph (b) of that subsection,

      where the relevant failure or, as the case may be, operation, occurred before 1st April 2001.


      SARAH BOYACK
      A member of the Scottish Executive

      St Andrew's House, Edinburgh
      30th March 2001



      SCHEDULE
      Article 2



      PART I

      PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST APRIL 2001

      Column 1 Column 2
      Provisions of the Act Purpose
      Section 1     
      Section 2     
      Section 4     
      Section 11     
      Section 26     
      Section 36     
      Section 38(2)     
      Section 40(1), (3) and (4)     
      Sections 41 to 44     
      Section 46     
      Sections 48 to 67 (and accordingly Schedule 1)     
      Sections 69 to 72     
      Section 73(c) and (d)     
      Section 74(4)     
      Section 75 to 78     
      Section 79     
      Section 81 to 82     
      Section 83 Only for the purpose of bringing into force the provisions of Schedule 2 to the Act specified in column 1 below.
      Paragraphs 4(1), (2), (3) and (5) of Schedule 2     



      SCHEDULE
      Article 2



      PART II

      PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST JULY 2001

      Column 1 Column 2
      Provisions of the Act Purpose
      Section 3     
      Sections 5 to 10     
      Sections 12 to 25     
      Sections 27 to 35     
      Section 37     
      Section 40(2)     
      Section 45     
      Section 47     
      Section 83 Only for the purpose of bringing into force the provisions of Schedule 2 to the Act specified in column 1 below.
      Paragraphs 1, 2, 3 and 4(4) of Schedule 2     



      PART III

      PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST APRIL 2002

      Section 74(1), (2), (3) and (5)

      EXPLANATORY NOTE

      (This note is not part of the Order)

      This Order brings into force various provisions of the Transport (Scotland) Act 2001.

      Article 2(2) and Part I of the Schedule to the Order bring into force on 1st April 2001 the provisions listed in that Part subject to any restriction of purpose specified.

      Article 2(3) and Part II of the Schedule to the Order bring into force on 1st July 2001 the provisions listed in that Part subject to any restriction of purpose specified.

      Article 2(4) and Part III of the Schedule to the Order bring into force on 1st April 2002 the provisions listed in that Part.

      Articles 3 and 4 make transitional and savings provisions.

       [1] 2001 asp 2.back

      [2] 1985 c.67back


      ISBN 0-11-059674-9


 



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