Any such decision is taken by the Lord Advocate independently of any other person, including other members of the Scottish Executive, in terms of section 48(5) of the Scotland Act 1998. Such decisions are made having regard to the facts and circumstances of the case under consideration.The legislative competence of the Scottish Parliament is set out in the Scotland Act 1998; certain matters relating to road transport, including amendment of the statutory provisions relating to contraventions of section 1 of the Road Traffic Act 1988, are reserved to the UK Government.