The Act Preparation of strategy
9.Section 1(1) places a requirement on the Scottish Ministers to prepare a national transport strategy. This statutory duty replaces the pre-existing discretionary position under which Scottish Ministers could choose to establish a national transport strategy, but were under no obligation to do so. The national transport strategy will seek to establish the strategic direction for transport in Scotland by functioning as the foundation from which future decision making on transport will be based.
10.Section 1(2)(a) recognises that transport in Scotland cannot be considered in isolation of wider UK and international developments. This provision reflects the interconnectivity of transport networks and as such requires Scottish Ministers to take account of transport not only within Scotland, but also transport to and from Scotland. Section 1(2)(c) further obliges the Scottish Ministers to outline as part of the strategy the policies they intend to pursue with a view to achieving their vision for transport.
11.Under section 1(3), the Scottish Ministers may include in the strategy any other information they consider appropriate. This provides essential flexibility, allowing Ministers to include information which is, for example, incidental to or not included in the list of mandatory topics listed in section 1(2), but is nevertheless relevant and valuable in terms of inclusion within the strategy.
12.Section 1(4) requires the Scottish Ministers, in determining the content of the strategy, to have regard to fundamental outcomes and how these may be improved through advancements in transport accessibility, provision and operation in Scotland. This section recognises the role transport plays in improving living standards, sustainability and environmental standards, economic growth and opportunities to participate in higher education and employment.
13.Section 1(5) lists a number of outcomes that the Scottish Ministers must have specific regard to in determining the content of the national transport strategy under section 1(4). These include an individual’s capacity to realise their human rights, health and wellbeing and the overall social, economic and environmental wellbeing of Scotland. This will include the wellbeing of elderly persons, the inclusion of persons with disabilities, inclusive economic growth, fair work, the reduction of poverty and inequality, access to further education, the sustainability of communities in rural areas, the sustainable and efficient use of resources, and the realisation of emission targets as established in the Climate Change (Scotland) Act 2009. The Scottish Ministers are obliged to consider how the national transport strategy can be formulated to improve the quality of lives across Scotland through improvements in mobility, inclusion, accessibility and sustainably achieved through an understanding of the relationship between effective transport networks and the prosperity of a population.