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Transport (Scotland) Bill: Stage 3 (Day 2)

Part of the debate – in the Scottish Parliament on 10th October 2019.

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Photo of Michael Matheson Michael Matheson Scottish National Party

Amendments 174 and 175 by John Finnie relate to the order-making process for redetermining the means by which the public right of passage over a road may be exercised.

Amendment 174 amends the Roads (Scotland) Act 1984. It replaces the existing power to make procedural regulations for redetermination orders—which is subject to a requirement for a local roads authority to refer an order to which objections are made, but not withdrawn, to the Scottish Ministers—with a wide power to make procedural regulations that is not subject to that requirement. I hope that members are still with me.

As I said during the stage 2 debate, any changes to the procedural requirements for such orders would require careful consideration of the balance between the needs of road users and maintenance of a robust and fair procedure for considering public objections. It is not considered appropriate to make any such changes at this particular point.

The Scottish Government has, however, committed to reviewing the procedures attaching to traffic regulation orders and roads orders. It is considered that the wider power conferred by amendment 174 would provide greater flexibility to respond to the outcome of that review—whatever that may be—than the existing power. It should be noted that the existing procedural regulations would remain in place during the review process and until any new regulations were made. Therefore, the content of any new regulations would be subject to consultation and would also be considered by the Parliament.

I therefore support amendment 174 and urge members to do likewise.

Given that Mr Finnie does not plan to move amendment 175, I will refrain from making any comment on it.

Amendment 174 agreed to.

Amendment 175 not moved.