Scotland Bill (HC Bill 48)

(3) After subsection (5) insert—

“(6) In subsection (1)(aa) the reference to the sea adjacent to Scotland is to
so much of the territorial sea adjacent to the United Kingdom as is to
be treated as adjacent to Scotland for the purposes of the Scotland
5Act 1998 (see section 126(2) of that Act).””

8 In section 44(a) (destination of receipts collected or received in Great Britain)
for “Great Britain” substitute “England and Wales”.

9 In section 48(1) (interpretation of Part 2) in the definition of “United
Kingdom waters”, in paragraph (a), after “Kingdom”, insert “, except so
10much of that territorial sea as is to be treated as adjacent to Scotland for the
purposes of the Scotland Act 1998 (see section 126(2) of that Act)”.

10 In Schedule 4 (registration), in paragraph 8(2) (interpretation of references to
taxable activity), for “the United Kingdom” substitute “England, Wales or
Northern Ireland”.

11 15In Schedule 6 (evasion etc), in paragraph 4(1)(a) (preparations for evasion),
for “the United Kingdom” substitute “England, Wales or Northern Ireland”.

12 (1) Schedule 7 (information and evidence etc) is amended as follows.

(2) In paragraph 11(1) (power to take samples) for “the United Kingdom”
substitute “England, Wales or Northern Ireland”.

(3) 20In paragraph 15 (interpretation), in the definition of “connected activities”
for “the United Kingdom” substitute “England, Wales or Northern Ireland”.

13 In Schedule 23 of the Finance Act 2011 (data-gathering powers of HMRC), in
paragraph 25(a) (relevant data-holders in relation to aggregates levy), for
“the United Kingdom” substitute “England, Wales or Northern Ireland”.

Section 37

25SCHEDULE 2 Roads: consequential and related amendments

Road Traffic Regulation Act 1984

1 The Road Traffic Regulation Act 1984 is amended as follows.

2 (1) Section 15 (duration of orders etc under section 14) is amended as follows.

(2) 30In subsection (3)—

(a) for “Secretary of State”, in both places, substitute “national
authority”, and

(b) in paragraph (b) for “that authority” substitute “the authority that
made the temporary order”.

(3) 35In subsection (4)—

(a) for “Secretary of State” substitute “national authority”,

(b) omit “himself”,

(c) for “he” substitute “the national authority”, and

(d) for “that authority” substitute “the authority that made the
40temporary order”.

(4) In subsections (5), (6) and (7) for “Secretary of State”, in each place, substitute
“national authority”.

3 (1) Section 16 (supplementary provision as to orders etc under section 14) is
amended as follows.

(2) 5In subsection (2) for “Secretary of State” substitute “national authority”.

(3) In subsection (2A)—

(a) for “Secretary of State” substitute “national authority”, and

(b) for “he” substitute “the national authority”.

4 In section 17 (traffic regulation on special roads)—

(a) 10omit subsection (3ZD), and

(b) omit paragraph (b) of subsection (3A) (and the “and” before it).

5 In section 24 (Secretary of State to establish crossings on certain roads)—

(a) for “Secretary of State” substitute “national authority”, and

(b) for “he”, in both places, substitute “the national authority”.

6 15In section 25(6)(b) (meaning of “crossing” in section 25 includes a crossing
established by Secretary of State under section 24)—

(a) for “Secretary of State” substitute “national authority”, and

(b) for “him” substitute “the national authority”.

7 In section 28 (stopping of vehicles at school crossings) for “Secretary of
20State”, in each place, substitute “national authority”.

8 In section 86 (speed limits for particular classes of vehicles) omit subsections
(7) and (9).

9 In section 88 (temporary speed limits) omit subsection (7A).

10 In section 124(1)(purposes of Schedule 9 etc) in paragraphs (a) and (b) for
25“Secretary of State” substitute “national authority”.

11 (1) Section 131 (application of road traffic enactments to Crown roads) is
amended as follows.

(2) For “Secretary of State”, in each place, substitute “relevant authority”,

(3) In subsection (1) for “him” substitute “the relevant authority”.

(4) 30In subsection (2)(b)—

(a) for “Secretary of State”, in both places, substitute “relevant
authority”, and

(b) for “him” substitute “the relevant authority”.

(5) In subsection (2)(c)—

(a) 35for “Secretary of State”, in each place, substitute “relevant authority”,
and

(b) for “the authority”, in both places, substitute “the appropriate Crown
authority”.

(6) After subsection (7) insert—

“(8) 40In this section “relevant authority”—

(a) in relation to functions under this section so far as exercisable
within devolved competence (within the meaning of the
Scotland Act 1998), means the Scottish Ministers;

(b) otherwise, means the Secretary of State.””

12 (1) 5Section 134 (regulations) is amended as follows.

(2) In subsection (1)—

(a) for “State,” substitute “State or”, and

(b) omit “, or on the Ministers acting jointly,”.

(3) In subsection (2)—

(a) 10omit “82(1)(b)”,

(b) omit “, or the Ministers acting jointly as the case may be,”, and

(c) for “or they think” substitute “thinks”.

(4) After subsection (3) insert—

“(3A) Before making regulations under section 25, 64 or 87(1)(b) the
15Secretary of State must consult with the Scottish Ministers.””

(5) After subsection (5) insert—

“(6) Regulations made by the Scottish Ministers under this Act (except
section 86) are subject to the negative procedure.

(7) Before making regulations under section 25, 64 or 87(1)(b) the
20Scottish Ministers must consult with the Secretary of State.

(8) Before making regulations under this Act, except section 82(1)(b), the
Scottish Ministers must consult with such representative
organisations as they think fit.””

13 In section 142(1) (general interpretation) omit the definition of “the
25Ministers”.

14 (1) Part 1 of Schedule 9 (reserve powers of Secretary of State in relation to
certain orders) is amended as follows.

(2) In the heading to the Part for “Secretary of State” substitute “national
authority”.

(3) 30In paragraph 1 (directions in relation to certain orders)—

(a) for “Secretary of State” substitute “national authority”, and

(b) after “give to that” insert “authorised”.

(4) In paragraph 2(b) (directions prohibiting certain orders)—

(a) after “prohibiting the” insert “authorised”, and

(b) 35for “Secretary of State” substitute “national authority”.

(5) In paragraph 3(1) (power of Secretary of State to make order instead of
authorised authority)—

(a) for “Secretary of State” substitute “national authority”, and

(b) after “as well as by the” insert “authorised”.

(6) 40In paragraph 4 (arrangements for making order of Secretary of State
effective etc)—

(a) for “Secretary of State” substitute “national authority”,

(b) for “him”, in each place, substitute “the national authority”, and

(c) for “he”, in each place, substitute “the national authority”.

(7) In paragraph 6(1) (transfer of operation of parking place to local authority
from Secretary of State)—

(a) 5for “Secretary of State”, in each place, substitute “national authority”,
and

(b) in paragraph (b) for “he” substitute “the national authority”.

(8) In paragraph 7 (variation or revocation of order by Secretary of State), in
sub-paragraph (1)—

(a) 10for “Secretary of State” substitute “national authority”, and

(b) for “he” substitute “national authority”.

(9) In paragraph 8 (matters as to which Secretary of State is to be satisfied before
making order)—

(a) for “Secretary of State” substitute “national authority”,

(b) 15for “he” substitute “the national authority”,

(c) for “him” substitute “the national authority”, and

(d) after “discharged by the” insert “authorised”.

(10) In paragraph 9 (circumstances in which paragraph 8 does not apply)—

(a) for “Secretary of State” substitute “national authority”,

(b) 20for “he”, in both places, substitute “the national authority”, and

(c) for “him” substitute “the national authority”.

(11) For paragraph 12A (disapplication of Article 2 of the Scotland Act 1998
(Transfer of Functions to the Scottish Ministers etc) Order 1999) substitute—

“12ZA A power conferred upon the Scottish Ministers by this Schedule,
25so far as it relates to the exercise of a power under this Act by
virtue of section 22C, is exercisable only with the consent of the
Secretary of State.””

15 (1) Part 2 of Schedule 9 (consent of Secretary of State to certain orders) is
amended as follows.

(2) 30In the heading to the Part for “Secretary of State” substitute “national
authority”.

(3) In paragraph 13(1) (cases where consent is required) for “Secretary of State”,
in each place, substitute “national authority”.

(4) Paragraph 15 (Secretary of State’s power to add to or remove from orders for
35which consent is required) is amended as follows.

(5) In sub-paragraph (1) after “authorities” insert “in England and Wales”.

(6) After paragraph 15 insert—

“15A (1) The Scottish Ministers may by order add to or remove from the
orders for which their consent is required by paragraph 13 such
40orders made by such traffic authorities in Scotland as the Scottish
Ministers may specify in the order.

(2) An order under this paragraph may provide for the consent of the
Scottish Ministers to be required (or not to be required) for an

order for such purposes or in such circumstances as the Scottish
Ministers may see fit to specify in the order under this paragraph.

(3) An order under this paragraph removing an order from the orders
for which the consent of the Scottish Ministers is for the time being
5required is subject to the affirmative procedure.

(4) Any other order under this paragraph is subject to the negative
procedure.””

(7) Paragraph 16 (consent to order with modifications) is amended as follows.

(8) In sub-paragraph (1)—

(a) 10for “to him for his” substitute “for”,

(b) after “Secretary of State” insert “or the Scottish Ministers”,

(c) omit “to him”, in the second place, and

(d) for “thinks” substitute “or they think”.

(9) In sub-paragraph (2)—

(a) 15for “Where” substitute “Sub-paragraph (3) applies where”,

(b) for “proposes” substitute “or the Scottish Ministers propose”,

(c) after “him”, in the first place, insert “or them”,

(d) omit “to him”, in the second place,

(e) for “he” substitute—

“(3) 20The Secretary of State or the Scottish Ministers”, and”

(f) after “him”, in the third place, insert “or them”.

(10) Paragraph 17 (general consent) is amended as follows.

(11) In sub-paragraph (1)—

(a) after “Secretary of State” insert “or the Scottish Ministers”, and

(b) 25omit “his”.

(12) In sub-paragraph (2) after “order” insert “of the Secretary of State”.

(13) After sub-paragraph (2) insert—

“(3) Any order of the Scottish Ministers under this paragraph is subject
to the negative procedure.””

(14) 30In paragraph 18 (orders to be by statutory instrument) after “power” insert
“of the Secretary of State”.

16 (1) Part 3 of Schedule 9 (procedure as to certain orders) is amended as follows.

(2) In paragraph 20(1) (consultation)—

(a) for “to the Secretary of State for his” substitute “for”, and

(b) 35omit “to the Secretary of State”, in the second place.

(3) In paragraph 21 (regulations as to procedure for orders of local
authorities)—

(a) for “Secretary of State”, in each place, substitute “national authority”,

(b) for “him”, in both places, substitute “the national authority”, and

(c) 40for “he” substitute “the national authority”.

(4) In paragraph 24 (regulations as to procedure for orders of Secretary of State
etc)—

(a) for “Secretary of State” substitute “national authority”,

(b) in the words before paragraph (a) for “him” substitute “the national
authority”,

(c) in paragraph (b) for “he”, in both places, substitute “the national
5authority”, and

(d) in the words after paragraph (b) after “or” insert “, where the national
authority is the Secretary of State,”.

(5) Paragraph 26 (objections to exercise of reserve power under paragraph 2) is
amended as follows.

(6) 10In sub-paragraph (1) for “Secretary of State” substitute “national authority”.

(7) In sub-paragraph (2)—

(a) for “Secretary of State” substitute “national authority”,

(b) for “he” substitute “the national authority”, and

(c) for “him” substitute “the national authority”.

17 (1) 15Part 4 of Schedule 9 (variation or revocation of certain orders) is amended as
follows.

(2) In paragraph 28 (power to vary or revoke order not affected by related
exercise of a reserve power) after “Secretary of State” insert “or the Scottish
Ministers”.

(3) 20In paragraph 29 (power to revoke an order under paragraph 7 not affected
by paragraph 8)—

(a) for “Secretary of State” substitute “national authority”, and

(b) omit “by him”.

18 In Part 5 of Schedule 9 (consultation with traffic commissioners), in
25paragraph 32—

(a) for “to the Secretary of State for his”, in the first place, substitute
“for”, and

(b) omit “to the Secretary of State for his consent”, in the second place.

Road Traffic (Temporary Restrictions) Procedure Regulations 1992 (S.I. 1992/1215S.I. 1992/1215)

19 30The Road Traffic (Temporary Restrictions) Procedure Regulations 1992 are
amended as follows.

20 In regulation 9(1) (continuation of order by direction of Secretary of State)
for “Secretary of State” substitute “national authority”.

21 In regulation 15(5) (modification of regulation 9 in its application to
35Scotland) for “Secretary of State” substitute “national authority”.

Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (S.I.
1997/2400)

22 The Zebra, Pelican and Puffin Pedestrian Crossings Regulations and
General Directions 1997 are amended as follows.

23 (1) 40Part 1 (the Zebra, Pelican and Puffin Pedestrian Crossings Regulations) is
amended as follows.

(2) In regulation 3(1) (interpretation), in paragraph (a) of the definition of
“crossing” for “Secretary of State” substitute “national authority”.

(3) In paragraph 1(1)(c) of Schedule 1 (authorisation of steady light to illuminate
zebra crossing globe) for “Secretary of State” substitute “national authority”.

24 (1) 5Part 2 (the Pelican and Puffin Pedestrian Crossings General Directions 1997)
is amended as follows.

(2) In direction 9 (approval of equipment relating to crossings) for “Secretary of
State”, in each place, substitute “national authority”.

(3) In direction 10 (special directions)—

(a) 10in the title omit “by the Secretary of State”, and

(b) in the words that follow for “Secretary of State” substitute “national
authority”.

National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672S.I. 1999/672)

25 In Schedule 1 to the National Assembly for Wales (Transfer of Functions)
15Order 1999—

(a) in paragraph (e)(i) of the entry relating to the Road Traffic Regulation
Act 1984 for ““the Ministers”” substitute ““the national authority””,
and

(b) in paragraph (b) of the entry relating to the Road Traffic Act 1988
20omit “for Wales”.

Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 1999 (S.I. 1999/
1750)

26 The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc)
Order 1999 is amended as follows.

27 25In Schedule 1 (enactments conferring functions transferred to the Scottish
Ministers) omit the entries relating to the following—

(a) the Road Traffic Regulation Act 1984;

(b) the Road Traffic (Temporary Restrictions) (Procedure) Regulations
1992;

(c) 30the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and
General Directions 1997.

28 In Schedule 3 (enactments conferring functions to be exercised subject to
agreement or consultation of Scottish Ministers) omit the entries relating to
the following—

(a) 35the Road Traffic Regulation Act 1984;

(b) the Road Traffic Act 1988, section 36(5).

Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113S.I. 2002/3113)

29 The Traffic Signs Regulations and General Directions 2002 are amended as
follows.

30 40In Part 1 (the Traffic Signs Regulations 2002), in regulation 4 (interpretation),
in the definition of “primary route” for “Secretary of State” substitute
“national authority”.

31 (1) Part 2 (the Traffic Signs General Directions) is amended as follows.

(2) In the following directions for “Secretary of State”, in each place, substitute
“national authority”—

(a) direction 7(3) (signs indicating effect of statutory prohibitions);

(b) 5direction 28(a) (signs for migratory toad crossings);

(c) direction 38(1) (temporary signs);

(d) direction 39(6)(c) (signs for road censuses);

(e) direction 57 (approvals relating to road studs);

(f) direction 58 (supplementary provision relating to approval of road
10studs).

(3) In direction 56 (approval of types of sign and signals)—

(a) in paragraph (3)(a) for “Secretary of State or the Scottish Ministers”
substitute “national authority”, and

(b) in paragraphs (5) and (6) for “Secretary of State” substitute “national
15authority”.

Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 2005 (S.I. 2005/
849)

32 In the Schedule to the Scotland Act 1998 (Transfer of Functions to the
Scottish Ministers etc) Order 2005, in the entry relating to the Road Traffic
20Regulation Act 1984—

(a) in paragraph (a) for “sections 1 and 14” substitute “section 1”, and

(b) omit paragraph (d) (Schedule 9).