Introduction
1. An order made under the Transport and Works (Scotland) Act 2007 (the TAWS) is the usual way of authorising a new railway (which starts and ends in Scotland), tramway system, other forms of guided transport trolley vehicle system or inland waterway (e.g. canal) in Scotland. It is a new order making process which avoids the need for Private Bills for transport related developments
2. Applications for TAWS orders are made to the Scottish Ministers. Applications are made by (or on behalf of) the promoters of the scheme.
3. The Scottish Ministers value greatly the public participation measures contained within the TAWS, which invites those who have an interest in proposals to offer their views, either of support or objection, at the earliest possible opportunity.
4. The Scottish Ministers consider each application carefully. They make decisions only after considering all the comments made, sometimes through a public local inquiry. They can make TAWS orders (with or without amendments), or they can reject them.
5. This guide takes you through the TAWS procedure, by using Questions and Answers. It has been written mainly for the benefit of those who want to take part in the procedure, or who are considering whether to do so.
6. To promote and manage the order process established through the TAWS, the Scottish Ministers have established, within the Transport Directorate of the Scottish Government, a TAWS Unit.
7. The TAWS Unit's role is to assist the Scottish Ministers in the determination of orders made under the Act and ensure that procedures operate in accordance with the legislation.
8. The TAWS Unit will be happy to offer guidance on the procedures but it cannot discuss the merits of a case, nor offer an opinion or indication of what the decision on any application might be.
9. If you need more guidance on the procedure or an explanation of any matter within this publication please contact the TAWS Unit. The contact details are below. (see paragraph 11). More detailed guidance, primarily directed at those who may be applicants of such transport schemes, is also available and can be obtained at:
www.scotland.gov.uk/Topics/Transport/TAWS
10. Although every effort has been made to ensure the accuracy of this guide it is not legally binding. If you want to take part in the TAWS process, you should decide whether to obtain your own legal or other professional advice.
11. The TAWS Unit can be contacted at:
2F Victoria Quay, Edinburgh EH6 6QQ
Telephone Nos:
0131 244 7758
0131 244 7723
0131 244 0898
Fax: 0131 244 0871
Email : taws@scotland.gsi.gov.uk