(8-10)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

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(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,

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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.””

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