Commentary on provisions of Act Schedule 2: Roads: consequential and related amendments
This schedule makes consequential and related amendments to the Road Traffic Regulation Act 1984 ("RTRA 1984"), the Road Traffic Act 1988 and to secondary legislation made under the RTRA 1984, the Scotland Act 1998 and the Government of Wales Act 2006.
	Paragraphs 1 to 18 amend the RTRA 1984 as follows:
section 15 (duration of orders etc. under section 14), by substituting references to the "national authority" for references to the "Secretary of State";
section 16 (supplementary provision as to orders etc under section 14), by substituting references to the "national authority" for references to the "Secretary of State";
section 17 (traffic regulation on special roads), by omitting procedural provisions which are rendered otiose by procedural amendments made by this Schedule to section 34 (regulations);
section 24 (Secretary of State to establish crossings on certain roads), by substituting references to the "national authority" for references to the "Secretary of State";
section 25(6)(b) (meaning of crossing in section 25 includes a crossing established by the Secretary of State under section 24), by substituting references to the "national authority" for references to the "Secretary of State";
section 28 (stopping of vehicles at school crossings), by substituting references to the "national authority" for references to the "Secretary of State";
section 86 (speed limits for particular classes of vehicles), by substituting 'relevant authority' for 'national authority' in each place and omitting subsection (9);
section 88 (temporary speed limits), by substituting 'relevant authority' for 'national authority' in each place;
section 124(1) (purposes of Schedule 9 etc), by substituting references to the "national authority" for references to the "Secretary of State";
section 131 (application of road traffic enactments to Crown roads), by substituting references to the Secretary of State with references to the relevant authority (as defined by the amended section) so as to transfer to the Scottish Ministers the power to apply road traffic enactments to Crown roads in Scotland in relation to functions exercisable within devolved competence;
section 134 (regulations), by making general procedural provision in relation to regulations made under the RTRA 1984 and other minor consequential amendments;
section 142(1), by omitting the definition of "the Ministers" which is otiose;
schedule 9 (special provisions as to certain orders), by inserting references to the "Scottish Ministers" in addition to the references to the Secretary of State or substituting references to the "national authority" for references to the "Secretary of State", as appropriate, and making other related minor consequential amendments, in the following provisions:
paragraph 1 (directions in relation to certain orders);
paragraph 2(b) (directions prohibiting certain orders);
paragraph 3(1) (power of Secretary of State to make order instead of authorised authority);
paragraph 4 (arrangements for making order of the Secretary of State effective);
paragraph 6(1) (transfer of operation of parking place to local authority from Secretary of State);
paragraph 7 (variation or revocation of order by Secretary of State);
paragraph 8 (matters as to which Secretary of State is to be satisfied before making order);
paragraph 9 (circumstances in which paragraph 8 does not apply);
paragraph 12A (disapplication of Article 2 of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 1999);
paragraph 13(1) (cases where consent is required);
paragraph 15 (Secretary of State's power to add to or remove from orders for which consent is required);
paragraph 16 (consent to order with modifications);
paragraph 17 (general consent);
paragraph 18 (orders to be by statutory instrument);
paragraph 20(1) (consultation);
paragraph 21 (regulations as to procedure for orders of local authorities);
paragraph 24 (regulations as to procedure for orders of Secretary of State etc);
paragraph 26 (objections to exercise of reserve power under paragraph 2);
paragraph 28 (power to vary or revoke order not affected by related exercise of a reserve power);
paragraph 29 (power to vary or revoke an order under paragraph 7 not affected by paragraph 8); and
paragraph 32 (consultation with traffic commissioners).
	Paragraph 19 amends section 195 Road Traffic Act 1988 to make clear that any regulations made by Scottish Ministers under sections 20(5), 36(5) and 40(1) are subject to the negative procedure in the Scottish Parliament.
	Paragraphs 20 to 22 amend the Road Traffic (Temporary Restrictions) Procedure Regulations 1992 (S.I. 1992/1215) by substituting references to the "national authority" for references to the "Secretary of State".
	Paragraphs 23 to 25 amend the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (S.I. 1997/2400) by substituting references to the "national authority" for references to the "Secretary of State".
	Paragraph 26 makes minor consequential amendments to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).
	Paragraphs 27 to 29 amend the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 1999 (S.I. 1999/1750) by omitting the entries relating to the RTRA 1984 and secondary legislation made under that Act, together with section 36(5) of the RTA 1988. These entries will become otiose in consequence of the amendments made by other sections in the Act.
	Paragraphs 30 to 32 amend the Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113) by substituting references to the "national authority" for references to either the "Secretary of State" or the "Secretary of State or the Scottish Ministers".
	Paragraph 33 amends the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 2005 (S.I. 2005/849) by omitting references to certain functions so far as they are exercisable by virtue of section 22C of the RTRA 1984. These references will become otiose in consequence of the amendments made by sections in this Act.
	Paragraph 34 includes a provision which means that if the Secretary of State replaces the current regulations and general directions on traffic signs, the new provisions can, if the Scottish Ministers consent, apply in relation to Scotland, in addition to England and Wales. Replacement Traffic Signs Regulations and General Directions (TSRGD) are currently being prepared for spring 2016. This power can only be used once, and will only be used if the traffic sign provisions are commenced before the TSRGD 2016 is made.
	Once section 19 of the Road Safety Act 2006 which amends section 87 of the Road Traffic Regulation Act 1984 is commenced, the Secretary of State will have the power to make regulations which prescribe the purposes and circumstances in which vehicles are exempt from speed limits. Paragraph 35 of Schedule 2 to this Act provides that in relation to the first statutory instrument made in exercise of this power, the Secretary of State may, as well as making provision in relation to vehicles used on roads in England, make provision in relation to vehicles used on roads in Scotland otherwise than in connection with reserved matters. The Secretary of State is required to have the consent of the Scottish Ministers before exercising the power to make regulations in this way.
	When making provision under paragraph 35 of Schedule 2 to this Act, the Secretary of State may also exercise one or more of the traffic signs powers mentioned in paragraph 34(3) to make provision in relation to roads in Scotland. The Secretary of State is required to have the consent of the Scottish Ministers before exercising his powers in this way.
	The Secretary of State may only exercise the powers referred to in paragraph 34 of Schedule 2 to this Act if he or she could have exercised them but for the amendments made by sections 41 and 42 and Part 1 of Schedule 2 to this Act.