Scotland Act 2012
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Change 1
20 Power to prescribe drink-driving limits
(1) The Road Traffic Act 1988 is amended as follows. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Section 11 (interpretation of sections 3A to 10) is amended as follows. (6) In the definition of “the prescribed limit” in subsection (2), omit “made by the Secretary of State”. (7) After subsection (2) insert— (2ZA) Regulations under subsection (2) may be made— (a) by the Secretary of State, in relation to driving or attempting to drive, or being in charge of a vehicle, in England and Wales; (b) by the Scottish Ministers, in relation to driving or attempting to drive, or being in charge of a vehicle, in Scotland. (8) Section 195 (provisions as to regulations) is amended as follows. (9) After subsection (2) insert— (2A) Before making any regulations under this Act the Scottish Ministers must consult with such representative organisations as they think fit. (10) After subsection (4) insert— (4A) Regulations made by the Scottish Ministers under section 8(3) or 11(2) are subject to the affirmative procedure.
20 Power to prescribe drink-driving limits
(1) The Road Traffic Act 1988 is amended as follows. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Section 11 (interpretation of sections 3A to 10) is amended as follows. (6) In the definition of “the prescribed limit” in subsection (2), omit “made by the Secretary of State”. (7) After subsection (2) insert— (2ZA) Regulations under subsection (2) may be made— (a) by the Secretary of State, in relation to driving or attempting to drive, or being in charge of a vehicle, in England and Wales; (b) by the Scottish Ministers, in relation to driving or attempting to drive, or being in charge of a vehicle, in Scotland. (8) Section 195 (provisions as to regulations) is amended as follows. (9) After subsection (2) insert— (2A) Before making any regulations under this Act the Scottish Ministers must consult with such representative organisations as they think fit. (10) After subsection (4) insert— (4A) Regulations made by the Scottish Ministers under section 8(3) or 11(2) are subject to the affirmative procedure.
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