Commentary on provisions of Act Section 41: Roads: traffic signs etc
In consequence of the devolution to the Scottish Parliament of traffic signs, this section transfers the relevant functions of the Secretary of State to the Scottish Ministers in relation to roads in Scotland in so far as they are exercisable within devolved competence, within the meaning of the Scotland Act 1998.
	Section 54 of that Act provides, inter alia, that a function is outside devolved competence where it makes any provision by subordinate legislation which would be outside the legislative competence of the Parliament if it were included in an Act of the Scottish Parliament.
	Section 41 amends the following provisions of the RTRA 1984:
	Section 25(1) (Secretary of State to make pedestrian crossing regulations), to enable the national authority to exercise the power to make regulations in respect of pedestrian crossings.
	Section 64 (general provisions as to traffic signs), to enable the national authority to exercise the power to make regulations in respect of traffic signs.
	Section 65 (powers of highway authorities as to placing of traffic signs), to:
enable the national authority to exercise the power to give general directions in relation to the placing of traffic signs;
provide that the power of the Scottish Ministers to give general directions is to be exercisable by Scottish statutory instrument; and
require the Scottish Ministers and the Secretary of State to consult each other before exercising their powers to give general directions.
	Section 69(3) (Secretary of State’s directions for removal of traffic signs), to enable the national authority to exercise the power to direct the removal of traffic signs.
	Section 70(1) (default powers of Secretary of State as to traffic signs), to enable the national authority to exercise the default powers to carry out works in respect of traffic signs in consequence of any failure by a local traffic authority to comply with directions given under sections 65 or 69 and to recover the costs of doing so from the relevant traffic authority.
	Section 71(1) (power to enter land in connection with traffic signs), to enable the national authority to exercise the power to enter any land for the purposes of placing, replacing, converting or removing traffic signs.
	Section 77 (modification of provisions relating to directions where the Secretary of State is the traffic authority), to substitute references to roads for which the Secretary of State is the traffic authority to roads for which the national authority is the traffic authority.
	Section 79 (advances by Secretary of State towards expenses of traffic signs), to enable the national authority to exercise the power to make advances to traffic authorities towards expenses relating to the erection, maintenance, alteration or removal of traffic signs.
	Section 142(1) (general interpretation), to insert a definition of the new term "national authority", which means:
"in relation to a function so far as exercisable within devolved competence, within the meaning of the Scotland Act 1998, means the Scottish Ministers;
otherwise, the Secretary of State."
	The effect of this definition is to align the competence of the Scottish Ministers with the legislative competence of the Scottish Parliament (see paragraph 304 for further explanation of the meaning of ‘devolved competence’ within the Scotland Act 1998). The Secretary of State will continue to exercise functions in Scotland where they are outside the competence of the Scottish Ministers. For example, exempting vehicles being used for defence from obeying traffic signs.
	This section also amends section 36 of the Road Traffic Act 1988 (offence of failing to comply with traffic sign) to:-
substitute references to the 'national authority' (as defined in section 142(1) of the RTRA 1984) for the 'Secretary of State'; and
require the Scottish Ministers and the Secretary of State to consult each other when exercising their powers to make regulations under section 36(5) which specify any traffic sign for the purpose of the Road Traffic Offenders Act 1988.