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Chamber and committees

Delegated Powers and Law Reform Committee

Restricted Roads (20 mph Speed Limit) (Scotland) Bill: Stage 1

Introduction

  1. At its meeting on 23 October 2018, the Delegated Powers and Law Reform Committee considered the delegated powers provisions in the Restricted Roads (20 mph Speed Limit) (Scotland) Bill.i A Delegated Powers Memorandum ("DPM") has been prepared for the Bill.i

  1. The Committee submits this report to the lead Committee for the Bill (Rural Economy and Connectivity) under Rule 9.6.2 of Standing Orders.

  1. This Members' Bill was introduced by Mark Ruskell, MSP on 21 September 2018.


Overview of the Bill

  1. The main purpose of the Bill is to reduce the general speed limit on restricted roads to 20 miles per hour.

  1. The Bill consists of 6 sections.

  1. Section 1 reduces the general speed limit on restricted roads from 30 miles per hour to 20 miles per hour. Generally speaking, restricted roads are local, street-lit roads within built-up areas.

  1. Section 2 ensures that the Scottish Ministers can vary the speed limit on restricted roads in future.

  1. Section 3 concerns the powers of local authorities to make traffic orders.

  1. Sections 4, 5 and 6 contain the interpretation, commencement and short title provisions.


Delegated Powers Provisions

  1. The Bill confers one power upon the Scottish Ministers to make subordinate legislation and updates an existing delegated power. The DPM sets out the reason for taking the power concerned and for the procedure chosen.

  1. The Committee considered the delegated powers provisions in the Bill and determined that it did not need to draw the attention of the Parliament to the delegated powers:

    Section 2 – power of Scottish Ministers to vary the general speed limit on restricted roads (new section 81(2) of the 1984 Act)

    Section 5(1) – Commencement

Recommendation

  1. The Committee reports that it is content with the delegated powers provisions contained in the Bill.