Supplementary
memorandum from Department for Transport (RS 01G)
Road safety and
the devolved administrations
Background
The following sets
out the competencies (both legislative and executive) which have
been devolved to the Scottish and Welsh administrations in respect
of road safety. Road safety as a whole is devolved to the Northern
Ireland Assembly and therefore is not covered separately under
each sub-heading (see Schedules 2 and 3 to the Northern Ireland
Act 1998).
Where the note refers
to legislative competence, this means the power for a Parliament
or Assembly to make laws in that area, in respect of their own
territories. Where the powers are simply executively devolved,
there is no primary legislation making power, however the
functions (previously exercised by the Secretary of State) have
been transferred to the Scottish or Welsh Ministers.
Devolved competencies
- Road signage
standards (Part V Road Traffic Regulation Act 1984)
Scotland
Legislative competence
This is reserved
to Westminster by paragraph (c) of section E1, of Schedule 5,
to the Scotland Act 1998.
Executive functions
The Scottish Ministers
may authorise (otherwise than by regulations) traffic signs for
conveying warnings, information, requirements, restrictions or
prohibitions of any description.
The power to authorise
signs of another character, otherwise than that prescribed by
regulations is devolved to the Scottish Ministers.
(Article 2, SI 1999/1750).
Wales
Legislative competence
This is reserved
to Westminster as it is not transferred by the Government of Wales
Act 2006.
Executive functions
The power to prescribe
that a sign is translated into Welsh; and to authorise signs of
another character, otherwise than that prescribed by regulations,
is devolved to the Welsh Ministers, Schedule 1 to SI1999/672.
- Driving standards
(Road Traffic Act 1988)
Scotland
Legislative competence
This is reserved
to Westminster by paragraph (d) of section E1, of Schedule 5,
to the Scotland Act 1998.
Executive functions
This is reserved
to Westminster. The relevant functions are not transferred under
the transfer of functions orders.
Wales
Legislative competence
This is reserved
to Westminster. It is not transferred by the Government of Wales
Act 2006.
Executive functions
This is reserved
to Westminster. The relevant functions are not transferred under
the transfer of functions orders.
- Road Safety
Education (section 39 Road Traffic Act 1988)
Scotland
Legislative competence
This is devolved
to the Scottish Parliament. See exception to the specific reservation
at Section E1 of Schedule 5 to the Scotland Act 1998: sections
39 (road safety information and training) of the Road Traffic
Act 1988.
Executive functions
This is devolved
to the Scottish Ministers as it is within devolved competence
(as per section 53 of the Scotland Act 1998).
Wales
Legislative competence
This is reserved
to Westminster as it is not transferred by the Government of Wales
Act 2006.
Executive functions
The powers under
section 39(1) are devolved to the Welsh Assembly. The relevant
functions are exercisable by the Assembly concurrently with
the Secretary of State under Schedule 1 of SIs 1999/672. The
functions are exercisable by the Welsh Assembly free from the
requirement for Treasury approval.
- Funding of
local road safety measures (section 40 Road Traffic Act 1988)
Scotland
Legislative competence
This is devolved
to the Scottish Parliament. See exception to the specific reservation
at Section E1 of Schedule 5 to the Scotland Act 1998: section
40 (grants for road safety information and training) of the Road
Traffic Act 1988.
Executive functions
This is devolved
to the Scottish Ministers as it is within devolved competence
(as per section 53 of the Scotland Act 1998).
The Scottish Ministers
also have powers to fund speed cameras etc. for prevention and
detection of speeding and other road traffic offences. These powers
are contained in section 46 of the Local Government in Scotland
Act 2003.
Wales
Legislative competence
This is reserved
to Westminster as it is not transferred by the Government of Wales
Act 2006.
Executive functions
This is devolved
to the Welsh Assembly. The relevant functions are exercisable
by the Assembly concurrently with the Secretary of State under
Schedule 1 of SI 1999/672. The functions are exercisable by the
Welsh Assembly free from the requirement for Treasury approval.
- Enforcement
Scotland and Wales
In terms of driving
standards, the Driving Standards Agency operates across the United
Kingdom.
The DVLA is responsible
for issuing driving licences across the United Kingdom.
Enforcement (e.g.
of speed limits) on the ground is done by the police and the courts.
VOSA enforce a substantial
number of road traffic offences alongside the police and the Courts
throughout the UK.
Enforcement of commercial
operators is carried out through the operator licensing system,
enforced by the Traffic Commissioners throughout the UK.
- Highways engineering
and design standards
Engineering and design
standards are found in the "Design Manual for Roads &
Bridges", which applies to trunk roads, and is produced by
the Highways Agency. Both Scotland and Wales follow this. In relation
to residential roads, Wales follows the same advice used in England,
found in the "Manual for Streets", whilst Scotland follows
its own version of this.
- Speed limit
policy
Speed limit provision
is contained in Part VI of the Road Traffic Regulation Act 1984
("RTRA").
Scotland
Legislative
competence
This is reserved
to Westminster by paragraph (c) of section E1, of Schedule 5 to
the Scotland Act 1988.
Executive functions
The Scottish Ministers
have the power under section 17 of the Road Traffic Regulation
Act 1984 (RTRA 1984) to make regulations with regard to the use
of any particular "special road" (i.e. motorways), this
may include the imposition of speed limits, see SI 1999/1750.
The power of the
Secretary of State to, by order, alter the speed limit on "restricted
roads" (as defined in the RTRA 1984) is exercisable, in relation
to Scotland, only after consultation with the Scottish Ministers
(see SI 1999/1750, article 4, schedule 3).
Local authorities
have order making powers in respect of speed limits on unrestricted
roads, which are not special roads, i.e. not motorways (also defined
in RTRA 1984). In relation to the exercise of the local authorities'
powers to prohibit speeding as indicated by a traffic sign (under
section 84(1) (c)), the Scottish Ministers have powers to make
regulations under section 84(1B), which may prescribe, amongst
other things, the speed limits which may be specified in an order,
and the circumstances in which speed limits may have effect by
virtue of an order (SI 1999/1750 art 2 Sch 1).
The Scottish Ministers
have the power under section 88 of the Road Traffic Regulation
Act 1984 to impose temporary speed limits. This function was transferred
by SI 2000/1563.
Wales
Legislative
competence
This is
reserved to Westminster as it is not transferred to the Welsh
Assembly by the Government of Wales Act 2006.
Executive functions
The Welsh Assembly
has no devolved power to make regulations with regard to the use
of "special roads" (i.e. motorways) as the powers under
section 17(2) RTRA 1984 are not transferred by SI 1999/672.
The power of the
Secretary of State to, by order, alter the speed limit on "restricted
roads" (as defined in the RTRA 1984) is exercisable, in relation
to Wales, only after consultation with the Welsh Assembly (see
SI 1999/672 article 5, schedule 2).
Local authorities
have order making powers in respect of speed limits on unrestricted
roads, which are not special roads, i.e. not motorways (also defined
in RTRA 1984). In relation to the exercise of the local authorities'
powers to prohibit speeding as indicated by a traffic sign (under
section 84(1) (c)), the Welsh Assembly has powers to make regulations
under section 84(1B), which may prescribe, amongst other things,
the speed limits which may be specified in an order, and the circumstances
in which speed limits may have effect by virtue of an order (SI
1999/672 art 2 sch 1).
The Welsh Assembly
has no powers in relation to the imposition of temporary speed
limits because the functions under section 88 RTRA 1984 are not
transferred.
October 2008
| 
