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(  8  )

 
 

(a)   

in paragraph 1, after “sections 1, 6, 9,” insert “14 (in so far as the

 

power under that section is exercisable by virtue of section

 

22C),”, and—

 

(b)   

after paragraph 12 insert—

 

“12A       

Article 2 of the Scotland Act 1998 (Transfer of

 

Functions to the Scottish Ministers etc.) Order 1999 (SI

 

1999/1750) shall not apply to a provision of this

 

Schedule in so far as it relates to the exercise of a power

 

under this Act by virtue of section 22C.

 

12B        

A power conferred upon the Secretary of State by this

 

Schedule shall, in so far as it relates to the exercise of a

 

power under this Act by virtue of section 22C, be

 

exercisable in relation to Wales by the National

 

Assembly for Wales with the consent of the Secretary

 

of State.”.

 

Roads (Scotland) Act 1984 (c. 66)

 

17         

(1)  After section 39B of the Roads (Scotland) Act 1984 (traffic calming

 

works regulations) insert—

 

“39BA   

Prescribing of works for anti-terrorism purposes

 

(1)   

Where—

 

(a)   

the construction of any traffic calming works is for the

 

purpose of avoiding or reducing, or reducing the

 

likelihood of, danger connected with terrorism within the

 

meaning of section 1 of the Terrorism Act 2000 (c. 11), and

 

(b)   

the function of constructing those works would, but for

 

this section, be exercisable by the Scottish Ministers,

 

   

that function shall instead be exercisable by the Secretary of State.

 

(2)   

The power to make regulations under section 39B of this Act—

 

(a)   

for the purpose of, or in connection with, avoiding or

 

reducing, or reducing the likelihood of, danger connected

 

with terrorism within the meaning of section 1 of the

 

Terrorism Act 2000, and

 

(b)   

which would, but for this section, be exercisable by the

 

Scottish Ministers,

 

   

shall instead be exercisable by the Secretary of State.

 

(3)   

Regulations under section 39B of this Act may, if they are made

 

by virtue of subsection (2) above, provide that, in such

 

circumstances as the regulations may specify, works may be

 

constructed or removed only with the consent of a police officer

 

of such class as the regulations may specify.”

 

(2)        

In section 40 of that Act (interpretation of sections 36 to 39C) for

 

the definition of “traffic calming works” substitute—

 

         

““traffic calming works”, in relation to a road, means works affecting

 

the movement of vehicular or other traffic for

 

the purpose of—

 

(a)        

promoting safety (including avoiding or

 

reducing, or reducing the likelihood of,


 

(  9  )

 
 

danger connected with terrorism within

 

the meaning of section 1 of the

 

Terrorism Act 2000 (c. 11)), or

 

(b)        

preserving or improving the environment

 

through which the road runs.””


 

(  10  )


 
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