SCOTLAND BILL
Supplementary Memorandum concerning the Delegated Powers in the Bill for the Delegated Powers and Regulatory Reform Committee
1.
This supplementary memorandum has been prepared for the Delegated Powers and Regulatory Reform Committee to assist with its scrutiny of the Scotland
Bill (“the Bill”).
The Bill will have its Third Reading in the House of Lords on 24 th
April 2012. This supplementary memorandum sets out a further delegated power that has been tabled as an amendment by the Government to be considered at Third Reading.
Clause 21: Speed limits
Powers conferred on: the Scottish Ministers
Powers exercisable by: regulations made by Scottish statutory instrument
Parliamentary procedure: affirmative procedure in the Scottish Parliament
2.
Clause 21 of the Bill makes provision amending some existing delegated powers currently exercisable by the Secretary of State in the Road Traffic
Regulation Act 1984 (“the 1984 Act”) so as to make them exercisable instead by the Scottish Ministers, in relation to Scotland, in certain circumstances.
The clause gives effect to the recommendation of the Calman Commission that the power to determine the level of the national speed limit in Scotland should be devolved.
Further transfer of delegated powers to Scottish Ministers – section 86 of 1984 Act
3.
The Government amendment to clause 21 tabled for Third Reading which amends section 86 of the 1984 Act (speed limits for particular classes of vehicle), proposes to transfer a further existing delegated power to Scottish
Ministers that is contained in that section.

4.
Section 86(1) provides that it is not lawful for a person to drive a motor vehicle of any class on a road at a speed greater than the speed specified in
Schedule 6 as the maximum speed in relation to a vehicle of that class.
5.
Section 86(2) gives the Secretary of State a power to, subject to sections 86(4) and (5), by regulations vary, subject to such conditions as may be specified in the regulations, the provisions of Schedule 6. Section 86(3) gives the power for those regulations to make different provision as respects the same class of vehicles in different circumstances.
6.
By virtue of section 134(4) of the 1984 Act, regulations made by the Secretary of State under section 86 are subject to affirmative resolution procedure in each House of Parliament. There is also a requirement at section 134(2) for the Secretary of State to, before making regulations, consult with such representative organisations as he or they think fit.
7.
The Government amendment to section 86 of the 1984 Act transfers the existing delegated power contained in that section to make regulations to vary the provisions in Schedule 6 of the 1984 Act from the Secretary of State to the
Scottish Ministers. It does so by making the Scottish Ministers the “national authority” as respects the driving of vehicles on roads in to Scotland. It transfers the delegated power on the same basis and subject to the same restrictions as apply to the Secretary of State currently. It does not introduce any new substantive delegated powers.
8.
The delegated power is being devolved as the Government wants the Scottish
Ministers to have the relevant regulation making powers to be able to set a
Scottish national speed limit for all classes of vehicles and the amendment meets a commitment given by the Government at Report stage in the Lords.
Parliamentary procedure
9.
In terms of parliamentary procedure attaching to the regulation making powers being transferred to the Scottish Ministers, the regulations will be subject to

affirmative procedure in the Scottish Parliament (i.e. they will be Scottish statutory instruments in terms of Part 2 of the Interpretation and Legislative
Reform (Scotland) Act 2010). It is thought that this is an appropriate level of procedure as it mirrors the existing level of procedure applied to regulations currently made at Westminster by the Secretary of State and as the power is to allow primary legislation to be amended, in the form of Schedule 6 to the 1984
Act.
10.
The consultation requirement in section 134(2) of the 1984 Act that applies to regulation making powers exercisable by the Secretary of State under the Act is mirrored in the amendment and applied to the regulations to be made by the
Scottish Ministers under the powers in section 86.
Scotland Office
April 2012