Commentary on Sections Section 5 - Byelaws
14.Section 5 makes provision in relation to byelaws made by FETA and its predecessor the Joint Board. It provides that those byelaws continue to have effect despite the revocation of the 2002 Order, which provided the legal basis for FETA making byelaws and the Joint Board’s byelaws continuing in force after FETA succeeded it. The byelaws continue to have effect as they did before the 2002 Order’s revocation, except that references in the byelaws to FETA or (by virtue of section 6(2)(b)) the Joint Board, are to be read as references to the Scottish Government. Where, for instance, the byelaws refer to “an officer authorised by or on behalf of the Joint Board”, that will be read as a reference to an officer authorised by or on behalf of the Scottish Government.
15.As the roads authority, the Scottish Government will have powers under the Road Traffic Regulation Act 1984(4) Act to make subordinate legislation in relation to traffic management.  Section 5 extends the Scottish Government’s powers under section 1 of the Road Traffic Regulation Act so that a traffic management order under that section can be used to revoke earlier byelaws.