Scottish Government

ANNEX D Meeting the provisions of the Transport (Scotland) Act 2005

Introduction

The following paragraphs seek to give more detailed guidance on how the provisions of each commitment within Section 5(2)(a)-(d) might be considered by the RTPs. It works through them largely in order but also cross-refers between the requirements where this seems relevant.

Section 5(2)(a) "The respects in which transport in the region needs to be provided, developed or improved"

This sums up succinctly the focus of the regional transport strategy - the remainder of section 5(2) can be read as adding a level of detail to this overall requirement. The overall process of drawing up the regional transport strategy should ensure that this requirement is met.

Section 5(2)(b) and (c) make particular requirements about the scope of the strategies. According to these sections, strategies must include provision for the whole of the region and particular parts of it:

• section 5(2)(b) requires strategies to include provision on " meeting the needs of all inhabited places" - the strategy should therefore aim to enhance well-being in the whole of the region;
• section 5(2)(b) however goes on to require strategies to include provision on "meeting the needs of all inhabited places, in particular those which the Partnership considers different from the remainder of the region by reason of their remoteness or the sparsity of their populations;"
• section 5(2)(c) then requires that strategies include provision on " meeting the need for efficient transport links between heavily populated places;"

This approach - both general and specific - is not dissimilar to the way local authorities can exercise the power to advance well-being introduced by the Local Government in Scotland Act 2003: the power can be used to benefit the whole or part of an authority's area or all or some or the persons in that area.

The pursuit of 'well-being' provides a useful starting point for the regional transport strategies and for working through the rest of section 5(2) of the Act. The term is specifically applied to regional transport strategies ("economic and social well-being") in section 5(2)(d)(i).

The term 'well-being' is deliberately not defined in either the 2003 Act or in the statutory guidance that accompanies it: it is assumed that there is a shared general understanding of the term but that authorities may have different views on what constitutes well-being priorities in their area and what needs to be done to improve it.

This guidance on regional transport strategies therefore takes a similar approach. The 2005 Act does not define 'social and economic well-being' and it is assumed that most people engaged in the RTS will have a broadly common understanding of what this means and time should not be spent on agreeing an exact definition. Where time will need to be spent is on agreeing the particular objectives of the RTS, many of which, if not all, will bring improvements to economic and social well-being. This is addressed in the section on objectives in the main document.

"Future needs" and "What can be done"

In setting out how transport in the region needs to be provided, developed or improved, RTPs are required to have regard to, amongst others things:

(i) future needs including those occasioned by demographic and land use changes; and

what can be done, taking account of cost, funding and practicability.

"future needs including those occasioned by demographic and land use changes"

The RTS is also required to address the future "needs of all inhabited places" by virtue of sub-section (i) above. Information on demographics and their likely future trends is available from the General Register Office for Scotland ¹⁸. Land-use changes are acknowledged to be a key driver in inducing transport demand and requiring transport interventions: this could be a new or upgraded road to serve a new housing development, a new railway station or bus route and services to bring people to an industrial park, or a new piece of infrastructure to support the desired regeneration of an area through a change in its use ( e.g. industrial to residential or retail). The requirement to identify and react to land-use changes should not be seen as suggesting that transport strategies can only respond to planning policy and land-use changes - the RTP should be a key partner in the drawing up of development plans, particularly the proposed strategic development plans and the RTS can be used to support this. More information on the links between the RTS and land-use and development planning is given in Section C of the guidance.

"what can be done, taking account of cost, funding and practicability"

The requirement to have regard to "what can de done" is key to the RTS. This is elaborated on in the sections on option identification, appraisal and selection. The RTS must be rooted in practical actions, mostly ones within the powers of the RTP, its constituent councils and its key partners to deliver. It must also be shaped by affordability and by an assessment of the RTP's known and likely funding. There is a tricky balance to be struck between aspiration and realism and this could prove to be key to producing a successful strategy.

Section 5(2)(b) Meeting the needs of all inhabited places…

The "needs of all inhabited places" are those, referring back to section 5(2)(a), by which transport in the region needs to be "provided, developed or improved" and the requirement should therefore be interpreted in its narrow sense of transport needs. However, where transport needs can be best met through action in other policy areas (planning, service provision, housing etc) then these can be flagged up in the RTS and the RTP can take these forward with its constituent councils, community planning partners and whoever else is responsible. This requirement relates to the "general" needs of the region as mentioned above. The guidance then addresses two "specific" needs.

…Meeting the needs of remote and sparsely populated areas

The Executive is committed to supporting rural life, rural communities and the rural economy. Government (national or local) is responsible for providing and funding many rural public transport services (bus, rail, ferry and some air services and airports) - low patronage levels and the high costs of providing services over often long distances make it very difficult for such services to be provided commercially.

The RTP is under a specific requirement to address the transport needs of those inhabited places "which the Partnership considers different from the remainder of the region by reason of their remoteness or the sparsity of their populations".

The Act therefore leaves it to the RTP to determine those places that should be subject to this particular attention. In some cases these will be self-evident but each RTP will need to decide which places in its region do, and do not, fall within this definition. In doing so, however, RTPs will want to take into account the Executive's standard definitions:

• Rural areas in Scotland are defined as settlements with a population of less than 3,000;
• Remote rural areas those with a greater than 30-minute drivetime to the nearest settlement with a population of greater than 10,000;
• Accessible rural areas are those with a 30-minute or less drivetime to the nearest settlement with a population of greater than 10,000.

The 'remote rural' definition can be compared to the references to 'remoteness' and 'sparsity of population' used in the Act. An urban-rural classification map is available on the Executive's website ¹⁹.

The requirement in Section 5(2)(b) does not mean that the transport needs of each remote or sparsely populated place need to be identified and addressed - that would be an enormous task. RTPs should, however, consider the general needs of those parts of the region that it has identified as being remote and sparsely populated places, and how these differ from the rest of the region.

Section 5(2)(c) - Meeting the need for efficient transport links between heavily populated places

The Scottish Executive's framework for cities ²⁰ emphasises the role of cities as drivers of economic growth. Cities, towns and other heavily populated areas also provide the homes, jobs, schools and services for the majority of Scotland's people. Effective transport links play an essential role in the ability of cities to support economic growth, provide an attractive environment for business and a high-quality of life for urban residents.

The majority of our most disadvantaged communities are also found in urban areas. Efficient transport links can connect people to work and other opportunities which enhance their economic and social well-being. Transport links can also act as a stimulus to regeneration.

Section 5(2)(c)of the Act requires strategies to make specific provision for efficient transport links between cities, towns and other heavily populated places. This is not defined further in the Act but the RTP should apply this requirement to, at least:

• transport links into town and city centres from surrounding towns, estates and housing developments, to support the movement of people from where they live to where they work and access education and services;
• transport links between towns and cities that facilitate the efficient movement of goods and services in support of business competitiveness;
• linking towns in a region with each other as a complement to the traditional radial routes into major cities.

Following the general provisions on meeting transport needs in the region, and in specific parts of the region, section 5(2)(d) of the Act then goes on to require the RTS to set out how transport in the region will be provided, developed, improved and operated in order to achieve a number of objectives. These objectives are closely linked to the 5 broad transport objectives of the Scottish Executive (see Annex C).

(i) "to enhance social and economic well-being"

The promotion of economic growth is the Scottish Executive's highest priority. Efficient transport networks support the economy in a number of ways, for example:

• by improving access to jobs, thereby increasing employment options and extending labour markets;
• by improving access to education and training opportunities, so improving the skills of the workforce;
• by closing the distances between companies and their customers and suppliers, or by enabling them to source materials and distribute goods and services to consumers further away.

However, a growing economy also increases the demand for travel as people travel further to get to work and goods travel further to reach their destination. A growing economy means more people in work or in education, more goods moving in, out and around the country and more leisure travel generated by higher levels of disposable income. This inevitably places a strain on the current level of transport infrastructure and services as demand outstrips supply.

This tension is not one that regional transport strategies alone will be able to address. However, RTPs will be able to consider a number of approaches to help ease the problem:

• improvements to the existing infrastructure that will enable traffic to move more freely;
• proposals for new infrastructure to tackle particular bottlenecks or missing links;
• regulating access to scarce infrastructure through pricing, access restrictions and other tools;
• encouraging the more efficient use of scarce infrastructure by favouring public transport, cycling and walking and high occupancy of vehicles.

Scottish Enterprise have identified a number of key industries with the greatest potential for growth including electronic markets, energy, financial services, food and drink, life sciences, tourism, advanced engineering and enabling technologies.

The particular emphasis will vary in each region and the local enterprise companies, Scottish Enterprise and Highlands and Islands Enterprise, as well as other representative bodies such as chambers of commerce, will have views on which are the established, growing and desired economic sectors in the region. Transport strategies should support the efforts of the Executive, enterprise networks and others to promote an environment in which business overall can be created, grow and maintain competitiveness.

Social well-being is also a high priority of the Executive. This particularly applies to tackling social inclusion and inequality, which are covered in separate points below. Social well-being, however, is important to the whole population of Scotland.

However, such increased social well-being is likely to lead to further demands for travel and place further strains on infrastructure and services and which will damage economic and social well-being and the wider environment. Congestion caused by traffic growth has a negative impact on the well-being of other travellers; easier access to shops and services in larger towns and out of town shopping centres can contribute to the decline and loss of such facilities in smaller communities and even city centres, with a resulting decline in well-being for people dependent on local services and, arguably, for the community as a whole.

RTPs could, through their strategies, explore ways to improve social well-being through, for example:

• improving the attractiveness, availability and reliability of public transport, cycling, walking and high occupancy vehicle use to enable more people to have more choices of mode;
• seeking to ensure that travellers have adequate and up-to-date information to enable them to make informed choices;
• integrating with land-use policy to seek to reduce the need to travel and ensuring that the impacts on the transport system are taken fully into account in development planning;
• using the policy levers available (including infrastructure provision and maintenance, pricing, parking controls, access restrictions, provision of public transport, ticketing, information, marketing etc) to discriminate in favour of those users and those journeys that enhance collective as well as individual well-being.

(ii) "to promote public safety, including road safety and the safety of users of public transport"

Safety is an issue for all modes and RTPs can also address safety by promoting those modes that have the best safety records whilst at the same time working to improve safety for all modes and address the dangers that particular modes pose to other travellers.

(iii) "to be consistent with the principle of sustainable development and to conserve and enhance the environment"

The UK Government, the Executive and the other devolved administrations have signed up to a shared sustainable development framework, One future - different paths, which sets a new common goal for sustainable development - "to enable all people throughout the world to satisfy their basic needs and enjoy a better quality of life without compromising the quality of life of future generations"- and provides a set of framework principles which policies should respect in order to be sustainable: "to live within environmental limits and ensure a strong, healthy and just society by means of a sustainable economy, good governance and sound science".

Policy levers to influence road traffic volumes, increased use of public transport and non-motorised modes, and the transfer of road freight to rail and water could include:

• Information and marketing to promote sustainable travel opportunities including walking, cycling and public transport but also car-sharing, more efficient vehicles and alternative fuels;
• Action across the region to reduce traffic levels and congestion, particularly on high density commuter routes, through traffic management, provision of park and ride, provision of additional public transport services, increased use of bus lanes on major corridors into and within towns and cities, parking controls and charging;
• Working with the freight industry to identify opportunities for improving facilities for transferring freight from road to rail. This could include funding capital projects or developing proposals for rail projects (such as gauge enhancements) that would be taken forward by the rail industry, but could be at least part-funded by the RTP; similar regional projects for shipping or inland waterway freight could similarly be developed. Some projects such as port or harbour developments could require co-operation between 2 partnerships.

Funding will be made available to regional transport partnerships for posts focusing on Travel Plans: packages of measures aimed at promoting sustainable transport to and at work. As a condition on funding, the development of a detailed Travel Plan strategy for each region is required, to sit beneath the regional transport strategy. The RTS itself should reference Travel Plans in the context of all the 'smart measures' that the RTP intends to use (including marketing and communications, direct intervention such as car-sharing schemes and so on) to promote more sustainable patterns of transport in the region.

(iv) to promote social inclusion

Whilst the Executive wants to improve social well-being for all Scotland's people, it places particular emphasis on addressing the needs of the more disadvantaged people and communities. Gaps in transport provision and barriers to accessing transport networks (which could be for physical, financial, or other reasons) can be a contributory, or in some cases the main, reason for individuals or communities experiencing exclusion.

Many of the ways in which transport plays a part - both as a problem and a solution - are similar to those described in the previous section on social well-being. However, transport, particularly new infrastructure, can also support regeneration initiatives by attracting businesses and residents into formerly deprived areas.

It is important to identify current and potential demand for transport services at the outset. Latent demand, from a social inclusion standpoint, is of crucial importance. The reality might be that people do not travel, as they cannot use existing public transport for various reasons such as cost, fear and accessibility, but wish to use it or wish to have access to demand-responsive transport.

Often changes made to take account of disabled people will make transport more user-friendly for others too. Changes in the way in which transport is provided can also entail an improved standard of staff training and accessibility of information.

The strategy should ensure that mobility/travel training is built in so that investment in services benefits disabled people.

(v) to encourage equal opportunities and, in particular, the observance of the equal opportunities requirements

Although equal opportunities is reserved, there are two exceptions. The first allows the Scottish Parliament to encourage equal opportunities (other than by prohibition or regulation). The second allows it to impose duties on any office-holder with devolved or mixed functions in relation to the equal opportunities requirements i.e. the existing law.

The Scotland Act defines equal opportunities as:

"the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions."

The Scottish Executive's Equality Strategy ²¹ notes that:

"While there are differences both within and between groups who experience persistent inequalities and discrimination, there are some common features including:

• restricted access to employment, goods, services, and other material resources that are considered essential to the economic well-being of people in contemporary Scottish society."

As described above, one of the unifying objectives of a regional transport strategy is to promote economic and social well-being, both for the regional population at large and for particular groups within it. Improving access to jobs and services has been previously noted as the principal way in which transport can contribute to improvements in well-being. The needs of those groups who experience more difficulties than most in this regard should therefore be given particular attention.

In developing their strategies, RTPs should:

• consider the transport needs of those groups of people who experience inequality and exclusion; to help with this, RTPs should or may wish to undertake an equality impact assessment see Annex K for suggestions as to the types of questions you should consider;
• involve equality groups in consultation on the strategy;
• in the option appraisal and selection stage, take into account the likely impacts on meeting these transport needs;
• monitor the impacts of the strategy on equality groups, and, where any adverse impact is identified, revise accordingly (this should be done as part of the usual process of monitoring and review required by the Act and described in Section E of the guidance).

Race Equality - General Duty

Among other things, the Race Relations (Amendment) Act 2000 places a general statutory duty to promote race equality on listed public authorities. These bodies must have 'due regard', when carrying out functions, to the need to:

• eliminate unlawful racial discrimination;
• promote equality of opportunity; and
• promote good relations between people of different racial groups.

RTPs will shortly be consulted about making them subject to this general duty along with accompanying employment monitoring duties. The final decision will ultimately be a matter for Home Office Ministers since the imposition of the general duty is a reserved matter (although Scottish Ministers are of course consulted).

Race Equality - Specific - Race Equality Scheme Duty

Key public bodies, such as the Scottish Executive, local authorities, Scottish Enterprise, and the Strathclyde Passenger Transport Executive, were also required to publish a Race Equality Scheme setting out how they intended meeting their legal obligations. This was to ensure the better performance of the general duty. Whether it is appropriate to make RTPs subject to this further duty will be considered during 2006. As with the general duty, RTPs would be formally consulted. The final decision is ultimately a matter for Scottish Ministers since the imposition of specific duties is a devolved matter.

Guidance

The Commission for Racial Equality has published a Statutory Code of Practice and supporting guidance for public bodies- see www.cre.gov.uk or telephone the CRE on 0131 524 2000 for a copy.

Disability Duty

The general duty

One of the principal provisions of the Disability Discrimination Act 2005 introduces a duty on the public sector to promote equality of opportunity for disabled people. The Act sets out a general duty which will require every public authority in carrying out its functions to have due regard to:

a) the need to eliminate discrimination that is unlawful under the Act;

b) the need to eliminate harassment of disabled persons that is related to their disabilities;

c) the need to promote equality of opportunity between disabled persons and other persons;

d) the need to take steps to take account of disabled persons' disabilities, even where that involves treating disabled people more favourably than other persons;

e) the need to promote positive attitudes towards disabled persons; and

f) the need to encourage participation by disabled persons in public life.

Specific duties

The Disability Discrimination Act 2005 follows the Race Relations (Amendment) Act 2000 in providing that specific duties applying to certain public bodies can be prescribed in regulations. The purpose of imposing specific duties is to assist these public bodies to comply with the general duty to promote equality. The Act gives Scottish Ministers the regulation-making power to impose specific duties on specified Scottish public authorities and cross-border authorities in respect of their Scottish functions.

Specific duties are expected to be imposed as follows:

• Listed bodies must publish a Disability Equality Scheme;
• Listed bodies must monitor various indicators, including in relation to employment, and report annually on implementation.

As with the race specific duties, RTPs would be formally consulted before being made subject to the specific duties for disability. The final decision would ultimately be a matter for Scottish Ministers.

There are many types and degrees of disability, many of which are 'invisible'. The term 'disabled people' includes people with learning difficulties, hearing impairments, mental health impairments or visual impairments, wheelchair users and people with other mobility impairments. Prevalence of disability increases with age, and demographic changes in Scotland are increasing the number of disabled people. About 20% of the population are disabled.

The Mobility and Access Committee for Scotland ( MACS) has produced guidance ²² to assist authors of transport strategies by identifying key considerations to bear in mind if the transport strategy is to take account of the needs of disabled people.

The Disability Rights Commission produces guidance on implementing the disability duty ²³ and on the rights and duties set out regarding transport by the Disability Discrimination Acts ²⁴.

Gender Duty

The UK Government's Equality Bill makes provision for a duty to require public sector bodies to ensure that throughout their functions, their actions promote equality of opportunity between women and men. This gender equality duty will require public bodies to ensure that their policies and practices as employers, as service deliverers and in their other functions, including policy-making, regulatory and enforcement activities, address the different needs of women and men. Public bodies will need to identify the key issues for them in relation to gender equality in their services, employment and policy-making.

In the autumn of this year, the UK Government (in conjunction with the Scottish Executive where the consultation involves devolved matters) will consult on the Government's plans to introduce this duty and will seek views on these plans. This duty will be similar to the existing duty to promote race equality and the duty on disability.

More information on gender equality is available on the UK Government's website: http://www.womenandequalityunit.gov.uk/

The Scottish Executive has produced guidance on taking account of the needs of women in the development of transport policy. ²⁵

(vi) to facilitate access to hospitals, clinics, surgeries and other places where a health service is provided

The Scottish Parliament, in its debates on the Transport Bill, clearly felt that improving access to healthcare facilities should be a shared responsibility of transport authorities, including regional transport partnerships, and health authorities, including health boards.

A number of steps have already been taken to address issues that link transport and health:

• Health boards and regional transport partnerships are both required to participate in Community Planning. Community Planning Partnerships are required to engage the community in the process, with the aim of improving the planning and delivery of services by making them more responsive to the needs and aspirations of communities.
• Guidance from the Executive on Informing, Engaging and Consulting the Public on the Development of Health and Community Care Policies and Services ²⁶ is being amended to ensure health boards undertake a full transport assessment in the development of new builds or major service changes.
• The Scottish Executive also requires health boards to co-operate with local authorities to draw up travel strategies for ensuring that NHSScotland facilities are accessible to all by public transport, walking and cycling ²⁷. This co-operation should be extended to include regional transport partnerships.
• The Scottish Health Council, established on 1 April 2005, is responsible for quality-assuring and monitoring public involvement and consultation processes undertaken by NHS bodies.
• The national policy position on transport to health facilities and the roles of the RTPs and health boards in managing the impact of the development of health services facilities on transport will be clearly stated in the National Transport Strategy.

Specific measures in the RTS could include:

• a programme of travel planning for health service locations starting with the largest (where these are not already in place) looking at the needs of patients, visitors and staff;
• provision of demand-responsive services serving hospitals and other health service facilities as part of an integrated network of such services (whilst ensuring that such an approach is cost-effective when compared with other options);
• examining whether the travel inducement which is an inevitable (and unavoidable) consequence of health service provision can be adjusted to fall less during peak and more during off-peak periods. For example to coincide with the shift patterns of the hospital staff. Whether this could be applied to patient and visitor travel without any negative consequences for health service provision is not immediately clear;
• integration of parking policies of the RTP (and its councils) and of hospitals and other major healthcare providers.

As well as improving access, transport strategies should include policies, projects and interventions that improve health, alongside other benefits. This is consistent with the Executive's 5 broad transport objectives which include:

• protect our environment and improve health by building and investing in public transport and other types of efficient and sustainable transport which minimise emissions and consumption of resources and energy;

Steps taken in the RTS to improve health can include those linked to reducing the harmful effects of vehicle pollution but also those promoting the positive health benefits of walking and cycling.

(vii) to integrate with transport elsewhere

In delivering integration of transport, RTPs can focus on journeys that cross local authority boundaries and which require more than one mode - as many journeys do. Some particular measures that should be considered for inclusion within an RTS include:

• integrated ticketing, to enable people in the region to travel throughout the region, and to enable journeys that require more than one mode or more than one operator to be made with the use of a single ticket;
• integrated infrastructure such as quality bus corridors and park and ride to bring people from surrounding areas into town and city centres; the RTP can also use its capital budget to fund the establishment or improvement of interchanges which will be located in one council area but will be used by residents from a number of local authorities;
• integrated services: the RTP can provide a focus for efforts towards integrated timetabling;
• integrated information: the RTS can promote standardised information for example at bus stops, in order to improve the attractiveness of public transport.