- Latest available (Revised)
- Point in Time (23/02/2017)
- Original (As enacted)
iBet uBet web content aggregator. Adding the entire web to your favor.
Link to original content: http://www.legislation.gov.uk/asp/2007/8/section/11/2017-02-23
Version Superseded: 16/05/2017
Point in time view as at 23/02/2017. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Transport and Works (Scotland) Act 2007, Section 11.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)This section applies where—
(a)an application is made to the Scottish Ministers under section 4, or
(b)they propose to make an order by virtue of section 6,
and the requirements of the preceding provisions of this Act in relation to any objections have been satisfied.
(2)The Scottish Ministers may determine—
(a)to make an order under section 1 which gives effect to the proposals concerned without modification,
(b)to make an order under that section which gives effect to those proposals with modifications, or
(c)not to make an order.
(3)Without prejudice—
(a)to the generality of paragraph (c) of subsection (2), and
(b)to subsection (4),
where this section applies by virtue of paragraph (a) of subsection (1) but the Scottish Ministers consider that any of the objects of the order applied for could be achieved other than by means of such an order, they may on that ground determine to decline to make an order.
(4)The Scottish Ministers' powers under subsection (2) include the power to make a determination in respect of some only of the proposals concerned, while making a separate determination in respect of, or deferring consideration of, others (and accordingly the power to make an order under section 1 includes power to make two or more orders on the same application).
(5)Where the Scottish Ministers propose to make an order giving effect, with modifications, to the proposals concerned being modifications which in their opinion make a substantial change in the proposals, they are—
(a)to notify any person who appears to them likely to be affected by the change,
(b)to give that person an opportunity to make representations to them about the modifications within such period as they may specify in the notification, and
(c)before making the order, to consider any representations timeously made to them by that person.
(6)[F1An order under section 1 which is not subject to the affirmative procedure by virtue of section 13] comes into force on the date on which the notice required by section 12(1)(c) is first published unless a later date for its coming into force is specified in the order (in which case it comes into force on that later date).
[F2(7)In relation to an order which, by virtue of section 13, is subject to the affirmative procedure, references to making an order in subsections (2)(a) and (b) and (5) are to be read as references to laying before the Parliament a draft statutory instrument containing an order.]
Textual Amendments
F1Words in s. 11(6) substituted (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order 2011 (S.S.I. 2011/396), arts. 1, 19(a)
F2S. 11(7) inserted (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order 2011 (S.S.I. 2011/396), arts. 1, 19(b)
Modifications etc. (not altering text)
C1S. 11(1)(2) applied (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), ss. 52(2)(3), 70(1)
C2S. 11(4)-(7) applied (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), ss. 52(2)(3), 70(1)
Commencement Information
I1S. 11 in force at 28.12.2007 by S.S.I. 2007/516, art. 2
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Different options to open legislation in order to view more content on screen at once
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including:
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.