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ANNEX B

Background to the Creation of Regional Transport Partnerships and the Legislative Requirements

Transport and in particular local public transport and traffic management have long been seen in Scotland as local government responsibilities. Various changes in transport and local government legislation over the past 30 years have created the landscape we have today. Significant changes include the 1985 Transport Act which removed significant local government powers over bus services and rail privatisation under the 1993 Railways Act which changed the way in which the UK government provided passenger rail services but maintained a key role in Scotland for Strathclyde Passenger Transport in the provision of subsidised rail services.

The Local Government etc (Scotland) Act 1994 created a large number of small local authorities with a strong local focus. Since devolution, the Scottish Executive has continued the previous Scottish Office approach of increased support to a large number of urban and rural projects and maintaining and improving the enlarged trunk road network that forms the Scottish Executive's largest capital asset.

The new unitary councils soon found that they had to start to work together on transport issues. Various local authority partnerships were formed - including the 4 TRANS networks - SESTRAN, WESTRANS, NESTRANS and HITRANS.

The Transport (Scotland) Act 2001, the first piece of devolved transport legislation, introduced new statutory powers for local authorities. These included powers to enter into quality contracts and quality partnerships for the provision of bus services, make binding ticketing and information schemes (aimed at giving more powers to local authorities without eroding the essentially market-driven character of bus services) and introduce road user charging schemes. At that time the possibility of introducing more statutory arrangements for regional transport was considered but it was concluded that the existing voluntary arrangements should be maintained and strengthened for the time being.

Following consultation in 2003, the Executive set out a commitment to create "new statutory regional transport partnerships to facilitate the planning and delivery or our transport in a more strategic way within local government" ⁹. This is part of the Executive's response to the significantly larger challenge facing transport delivery in Scotland over the coming decade - since devolution, government interventions in the transport sector have changed dramatically:

• the 2004 transport white paper, Scotland's Transport Future set out the Executive's vision and objectives for transport in Scotland, and a programme of action to support their achievement;

• there will be for the first time a national transport strategy to set the Executive's transport policies in their wider context and provide a clear framework within which others can work;

• there will be a new national transport agency responsible for trunks roads, rail (including major new responsibilities devolved to Scottish Ministers through the UK Railways Act 2005), Public Transport Infrastructure Projects, integrated ticketing and real-time travel information. It will act as a centre of delivery expertise to take forward the Executive's £3 billion capital investment transport programme over the next decade and provide significant services including the national concessionary travel scheme;

• the agency will also take forward Ministers' enhanced role in the rail industry: managing the Scottish rail franchise, specifying and financing rail infrastructure in Scotland and developing and implementing a Scottish rail strategy;

• in 1999, the Scottish Executive's transport budget was £330 million of which half was spent on roads. By 2008, this budget will have risen to £1,400 million and around 70% of that will be spent on public transport.

Following the passage of the Transport (Scotland) Act 2005, Ministers propose to create 7 regional transport partnerships ( RTPs) in Scotland. This will be done by an Order under section 1(1) of the Act.

One of the first and most important tasks of each partnership will be to draw up a regional transport strategy ( RTS). This is a requirement of the legislation (section 5(1)).

Sections 5-9 of the Act are particularly concerned with RTS. The following paragraphs explain what the legislation requires of RTPs and others.

Section 5 sets out in general terms the procedure for drawing up a regional transport strategy and what it should include. RTPs are required to do the following:

• consider what transport provision, improvements and developments are needed in the region, thinking of both current and future needs. The various options for providing, improving and developing transport in the region should be prioritised, taking account of cost, available funding and practicability;

• in performing this general task, give consideration to:

• meeting the needs of people in all parts of the region should be met, taking particular account of the needs of people and businesses in remote or sparsely populated parts of the region;

• meeting the need for efficient transport links between heavily populated places such as cities and large towns;

• addressing the objectives set out in the white paper: to promote economic growth, promote social inclusion, protect the environment and improve health, improve safety and improve integration;

• encouraging equal opportunities;

• facilitating access to healthcare provision;

• consider transport links with neighbouring regions (and beyond);

• take into account the National Transport Strategy when developing their regional strategies;

• include in the RTS a plan for measuring and monitoring progress towards its achievement;

• set out how the RTP will exercise its transport functions and whether it needs any additional functions in order to achieve its objectives;

• set out how and in what areas the RTP will seek to influence its constituent councils in working towards the achievement of the strategy's objectives.

RTPs are also required to have regard to guidance from the Scottish Ministers. This document is that guidance.

Section 6 sets out some requirements concerning the process of developing regional transport strategies. These are:

• the RTP has to draw up its RTS in consultation with its constituent councils, all health boards wholly or partly within the region, and other interested parties;
• the first strategy must be completed by 31 March 2007. The RTP may apply to Ministers for an extension to this deadline within 8 months of their creation ( e.g. if RTPs are created on 5 December 2005 then a request for an extension would have to be submitted to Ministers by 5 August 2006);
• once finalised, the RTS must be submitted to the Scottish Ministers for approval. The strategy does not become effective until approval is given;
• when considering whether to approve a strategy, the Scottish Ministers will consider, amongst other things, how far the RTS will contribute to the Executive's own transport objectives, such as those set out in the national transport strategy;
• when the RTS is approved, Ministers will inform the RTP and the RTP must inform its constituent councils and send them a copy. The RTP must also publish the strategy.

Section 7 requires RTPs to keep their strategy under review and, as necessary, make modifications or draw up a new strategy from scratch. If Ministers think a strategy is overdue for renewal, they can instruct the RTP to do this.

When modifying or renewing its strategy, the RTP will need to go through most of the same steps as when it drew up its original strategy - in particular it will need to consult with its constituent councils and others and seek approval from Ministers. One difference is that there is no timescale fixed in the legislation but the Act does give Ministers the power, when requiring an RTP to draw up a new strategy, to set a timescale.

Once in place (drafted and approved) the strategy will need to be implemented. Whilst ultimate ownership of the strategy will rest with the RTP, in every region there will be a variety of other public and private bodies who will need to deliver, or contribute to the delivery of, various parts of the strategy.

The RTP itself will have powers to perform some transport functions. This will vary between regions (see section on functions for more details). Part of the strategy will set out how it will perform its functions in order to deliver the strategy. Section 12 also specifies that any functions the RTP has must be carried out in a way that will contribute to the fulfilment of the RTS.

The RTP will need resources to carry out its functions. Some funding will come from the Scottish Executive to contribute to core administrative costs. Other funding will come from the Executive and elsewhere to fund particular projects or services. The remainder will have to be provided by the constituent councils and section 3 provides the mechanism for this. The RTP will decide how much of its remaining funding should be provided by each council. However, this should not be an arbitrary decision and must be informed by the regional transport strategy.

The strategy should also identify any other transport functions that an RTP will itself need in order to ensure that the strategy is delivered. These could be functions currently exercised by its constituent councils, by the Scottish Executive (including the transport agency) or by other public bodies. Some of the functions that the RTP should/must consider are written on to the face of the Act in section 10. These are:

• entering into quality partnership and quality contract schemes;
• entering into ticketing arrangements and ticking schemes;
• providing bus service information;
• installing bus lanes;
• providing subsidised bus services;
• making and implementing road user charging schemes;
• operating ferry services;
• operating tolled bridges;
• operating airport and air services;
• entering into public service contracts ( e.g. for the provision of ferry and air services).

When such functions are identified, the RTP should then draw up a request to the Scottish Ministers for an order conferring these functions on the partnership. Functions can be conferred concurrently - so that the RTP can exercise the function without taking it away from whoever exercises it at the moment - or can be transferred to the RTP. This is clearly an important decision so the Act puts in place a number of steps which must be gone through. These are set out in Section 10.

Firstly, the proposal to confer or transfer a function must clearly flow from the regional transport strategy.

Secondly, the RTP must consult specifically on this point with its constituent councils. This is important even if the functions to be conferred are not ones currently exercised by the councils as there will be financial implications. The RTP could also consult with other interested parties.

Thirdly, the partnership must agree to make the request to Ministers.

Fourthly, the Minister, on receiving the request will consult with the constituent councils of the RTP and with other interested parties.

Finally, the Executive will submit the draft order to Parliament, who will have the final say on whether or not the conferring or transferring of functions takes place.

In spite of the opportunity for the RTP to take on transport functions in this way, and certainly in the early years of their operation, we expect the constituent councils to continue to have a key role in the delivery of the regional transport strategy. Section 8 of the Act places a duty on the councils to assist the RTP in this way. Councils will have to aim to perform, as far as possible, any of their functions that relate to transport, affect transport or are affected by transport in a way which is consistent with the RTS. That means that areas of council responsibility other than transport but which, for example, rely on or generate transport should also take close account of the RTS. It is accepted that there will be times when the RTS cannot, for whatever reason, be strictly adhered to, particularly where other statutory requirements are concerned. However, councils should strive to bring all their services into line with the RTS and should reflect on this when inputting to the RTS in the first place.

In a similar way, there are other public bodies who provide, generate, demand or otherwise impact on transport in the region and whose actions will help or hinder the achievement of the regional transport strategy. These bodies should be identified and engaged as part of the process of drawing up the strategy and some may be represented on the partnership itself as members or observers. However, Section 8 of the Act enables Ministers to place an obligation on named public bodies to adhere to the RTS in the same way as councils are required to. Section 8(2) already applies this requirement to health boards.

Section 14 of the Act also offers an alternative approach to the exercise of powers in the implementation of the RTS. This provides for an RTP to be able to enter into arrangements with either local authorities or the Scottish Ministers for the exercise of their statutory functions. In this way the statutory function would remain where it is now but the RTP could act as the 'agent'. This would, for example, enable local authorities to achieve economies of scale in the exercise of certain functions through the RTP without losing direct political control (an example could be contracting for the provision of purely local public transport services). It would also allow Ministers to delegate the operation of certain of their functions to one or more RTP, again without losing ultimate control and accountability. Equally, a function transferred from the local authorities to the RTP could subsequently be performed by the local authorities. This would enable policy decisions to be taken at the regional level where this was appropriate, with operational management decisions being taken at the local level, which may be more appropriate (an example could be local road construction or improvements).

Wherever a full transfer of functions takes place, there will be implications for the staff currently employed in the delivery of that function. In such cases, section 15 the Act provides that protection is afforded through the application of the Transfer of Undertaking (Protection of Employment) Regulations 1981. Section 15 also makes provision for the transfer of relevant property, rights and liabilities which are necessary for the continued performance of the function (or, particularly in the case of liabilities, would not be appropriate for the former body to keep hold of).

Section 9 enables 2 or more RTPs to produce a joint transport strategy to which the same requirements as an individual RTS would apply.

ANNEX D

Scotland's Transport Future - National Vision and Objectives

Vision

1. An accessible Scotland with safe, integrated and reliable transport that supports economic growth, provides opportunities for all and is easy to use; a transport system that meets everyone's needs, respects our environment and contributes to health; services recognised internationally for quality, technology and innovation, and for effective and well-maintained networks; a culture where fewer short journeys are made by car, where we favour public transport, walking and cycling because they are safe and sustainable, where transport providers and planners respond to the changing needs of businesses, communities and users, and where one ticket will get you anywhere.

Objectives

2. Our overall aim is to promote economic growth, social inclusion, health and protection of our environment through a safe, integrated, effective and efficient transport system.

3. Our objectives are to:

• promote economic growth by building, enhancing, managing and maintaining transport services, infrastructure and networks to maximise their efficiency;
• promote social inclusion by connecting remote and disadvantaged communities and increasing the accessibility of the transport network;
• 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;
• improve safety of journeys by reducing accidents and enhancing the personal safety of pedestrians, drivers, passengers and staff;
• improve integration by making journey planning and ticketing easier and working to ensure smooth connection between different forms of transport.

ANNEX E

Scottish Executive documents containing targets relevant to transport and key documents setting overall policy directions relevant to transport

Building a Better Scotland

'Building a Better Scotland Spending Proposals 2005-2008: Enterprise, Opportunities, Fairness'
29 September 2004 ( www.scotland.gov.uk/library5/enterprise/babs-00.asp ) included the following proposals directly relevant to transport;

• Increase passenger journeys on the Scottish rail network by an average of 2% each year.
• Increase local bus journeys by an average of 1% each year.
• 70% of the Scottish Executive transport spending to go on public transport over the period of the long-term investment plan.
• Transfer a further 2 million lorry miles per year from road to rail or water.

Meeting the Needs

'Meeting the Needs', published in April 2002, set out the Scottish Executive's strategy for sustainable development based around a focus on resource use, energy and travel ( http://www.scotland.gov.uk/library5/rural/mtnsd-00.asp). This included setting 24 sustainable development indicators of which 4 applied directly to transport and travel:

• Stabilise road traffic to 2001 levels by 2021.

• Make Freight Facility Grant Scheme awards that will increase the transfer of lorry miles per year off Scottish roads onto rail and water to 25 million by March 2006.

• Increase the proportion of non-car travel to work by 2006.

• Increase local bus passenger journeys by 5% by 2006 compared with 2000-01 levels.

The Scottish Executive will be publishing a sustainable development strategy in autumn 2005. This will replace 'Meeting the Needs'. It will include a revised set of sustainable development indicators by March 2006. It will focus on 4 priorities - sustainable consumption and production; climate change and energy; natural environment and resource protection; sustainable communities - and be based on 5 principles - living within environmental limits; ensuring a strong, healthy and just society; achieving a sustainable economy; promoting good governance; using sound science responsibly. The strategy will build on the joint UK publication 'One Future, Different Paths' issued earlier this year ( http://www.sustainable-development.gov.uk/publications/uk-strategy/framework-for-sd.htm ).

Closing the Opportunity Gap

The Partnership Agreement included a clear commitment to Closing the Opportunity Gap. The overall aims are:

• To prevent individuals or families from falling into poverty;
• To provide routes out of poverty for individuals and families; and
• To sustain individuals or families in a lifestyle free from poverty.

The Executive announced six Closing the Opportunity Gap objectives on 12 July 2004:

• To increase the chances of sustained employment for vulnerable and disadvantaged groups - in order to lift them permanently out of poverty;
• To improve the confidence and skills of the most disadvantaged children and young people - in order to provide them with the greatest chance of avoiding poverty when they leave school;
• To reduce the vulnerability of low income families to financial exclusion and multiple debts - in order to prevent them becoming over-indebted and/or to lift them out of poverty;
• To regenerate the most disadvantaged neighbourhoods - in order that people living there can take advantage of job opportunities and improve their quality of life;
• To increase the rate of improvement of the health status of people living in the most deprived communities - in order to improve their quality of life, including their employability prospects; and
• To improve access to high quality services for the most disadvantaged groups and individuals in rural communities - in order to improve their quality of life and enhance their access to opportunity.

The six objectives are underpinned by 10 targets. Several of these would benefit from targeted improvements in transport provision:

Target B: Reduce the proportion of 16-19 year olds who are not in education training or employment by 2008.

Target H: By 2008, improve service delivery in rural areas so that agreed improvements to accessibility and quality are achieved for key services in remote and disadvantaged communities.

Target J: To promote community regeneration of the most deprived neighbourhoods, through improvements by 2008 in employability, education, health, access to local services, and quality of the local environment.

Full information on Closing the Opportunity Gap, including detailed information on each target, is available on: http://www.scotland.gov.uk/Topics/People/Social-Inclusion/17415/opportunity

The Air Quality Strategy for England, Scotland, Wales and Northern Ireland

The air quality strategy from 2000 sets objectives aimed at achieving improvements in health linked to air pollution. It includes the following target relevant particularly to transport emissions;

• To work in partnership with local authorities with the aim of meeting the annual nitrogen dioxide objective by 2005 and the objective for PM10 by 2010 in all areas.

In general, good progress is being made on improvements to air quality and in reductions in local pollutants from transport (largely through cleaner fuels and engines). However, Air Quality Management Areas already exist in the city centres of Aberdeen, Edinburgh and Glasgow. It is possible that further objectives covering additional pollutants may be added to the list

Scottish Climate Change Programme

The Scottish Executive is committed to tackling climate change and is working with the UK Government to meet UK climate change commitments. The UK Government has a Kyoto target to reduce greenhouse gas emissions by 12.5% against Kyoto baselines (1990 for carbon dioxide, methane and nitrous oxide; 1995 for the fluorinated gases). In addition, there is a domestic goal to reduce 1990 levels of carbon dioxide emissions by 20% by 2010, and a longer-term goal to put the UK on a path to reduce carbon dioxide emissions by some 60% by 2050, with real progress by 2020.

Transport, particularly road transportation, is a key contributor to greenhouse gas emissions, accounting for around 20% of Scottish greenhouse gas emissions in 2003. Significantly, transport is one of the few sectors that has seen a growth in emissions since 1990 as increasing traffic levels have more than offset the impact of policies to improve the fuel economy of vehicles. Further measures may be required to address rising transport emissions and, as part of the development of the National Transport Strategy, the Executive is considering transport-related climate change targets and indicators. Further information on the Executive's climate change response is available on its climate change website at www.scotland.gov.uk/climatechange .

In addition to its contribution to the causes of climate change, transport is also vulnerable to the impacts of climate change. Warmer, wetter winters, less snowfall and an increased risk of flooding will impact on transport infrastructure and on the travel choices of commuters. This must be an important consideration in future transport provision. Further information on responding to the impacts of climate change can be found on the Scottish Executive website at www.scotland.gov.uk/climatechange , and on the website of the UK Climate Impacts Programme at www.ukcip.org.uk .

ANNEX F

Transport Drivers and Constraints

An important part of the initial work on RTS (under 'scoping', below) will be to identify the particular drivers of and constraints on transport in the region: what are the factors influencing the scale and nature of demand? There will be some general drivers that apply fairly consistently across the region but others that are particular to corridors or zones.

Those transport drivers of note could (perhaps often will) be associated with growing demand for travel although where a particular driver is diminishing demand this can also be important if it is threatening to undermine, for example, a public transport service. They are also more often than not likely to be linked to growth in road traffic particularly cars and commercial vehicles.

Transport drivers include:

• general economic growth: as the economy grows, more jobs are created, journeys to work increase, more freight ( e.g. supplies and finished goods) moves in, out and around the country or region, more service provision is demanded by commercial and residential users, as general prosperity rises, more and longer leisure trips are made;
• specific economic developments associated with e.g. major commercial developments will have impacts at the regional, sub-regional and local level as part of an overall and uneven working out of national economic growth;
• social change such as trends towards and against high-density urban living and suburbanisation. Population trends: growth and decline in certain regions/sub-regions;
• demands made/forecast by certain major sectors such as tourism, recreation, retail, that have a strong transport component; demand likely to be generated by new transport infrastructure or services;
• location of public and private services (especially health facilities) and the likely impact of development plans;
• costs of transport: the relative cost of modes in real terms (flat or declining motoring costs, falling air fares, rising public transport fares - trends which can be interrupted by short-term effects such as peaks in fuel prices); cost of transport to business as a proportion of production costs (influence of e.g. energy costs); cost of transport to people as a proportion of household income; impact of cost on demand;
• trends in logistics and distribution: trends towards more 'hub & spoke' distribution networks? balance of light and heavy commercial traffic;
• technological change: better information for users, more integrated information; impact of technology on costs, travel time, quality and therefore choice; vehicle technologies and the impact on energy consumption and emissions and the knock-on effects on cost;
• social and cultural factors: evidence of trends towards demand for sustainable modes for non-economic reasons? Cultural factors behind car ownership and use of different modes. Tolerance of increases in commuting time or distance;
• safety and security concerns - perceptions and reality. Expansion of CCTV coverage, safety of pedestrians, differential impacts on groups: gender, age, disability, race etc.

Constraints

What is regional transport policy constrained by? What are the main forces that can 'oppose' the development of regional transport?

Transport constraints include:

• physical capacity of existing infrastructure (railway, road, bus and train stations, carparking, airports, ports etc);
• physical limits on the expansion of infrastructure ( e.g. cannot always expand the width of urban streets to introduce e.g. dedicated cycle/bus/tram lanes without removing space from other road users or having an adverse impact on adjacent property);
• financial constraints limit for example the extent to which (in particular) public transport running costs can be subsidised to reduce fares/improve quality/expand coverage and equally the extent to which every new road or rail infrastructure scheme can be afforded - hence the need for thorough appraisal and prioritisation;
• cost constraints: thinking more of individual rather than government spending: e.g. high fuel prices will restrain vehicle usage but high public transport fares will act as a disincentive to modal shift; taxation; inflation; levels of disposable income;
• regulatory constraints - these are wide-ranging and cover everything from speed limits to drivers hours to vehicle specifications. Also includes public transport market regulation;
• legislative/political constraints operating at European, UK, Scottish and local level;
• land use planning constraints - the procedures needed to get things done and the pitfalls along the way - planning guidance may rule some transport options out altogether; also the nature of new residential/industrial/retail developments constrains the provision of transport options;
• skills and labour shortages: e.g. drivers, engineers, managers, policy-makers and planners. Is there a project management skills shortage?
• delivery constraints: management capability, planning procedures, security of funding, ensuring projects run to budget and timescale;
• technological constraints: what does the current state (or cost) of technology prevent us doing? What is unproven? What is unaffordable?
• information constraints - optimal regional transport policies depend on the right information available to the right people to support their development. Individual consumers may not have the information they need in order to make optimal choices. Is there sufficient information on e.g. the link between cost and efficiency, or efficiency and driver behaviour? On the availability of alternative fuels?
• cultural constraints - harder to grasp: a mixture of behaviours, aspirations, expectations and perceptions.

ANNEX G

Model Timetable for the completion of the first statutory RTS

ANNEX J

Transport (Scotland) Act 2005

Section 5(2)(a-d) of the Transport Act - detail of regional transport strategies

5 Formulation and content of regional transport strategies

(3) It is the duty of each Transport Partnership to draw up a strategy for transport within its region (its "transport strategy").

(4) Its transport strategy shall include provision about each of the following matters-

(a) the respects in which transport in the region needs to be provided, developed or improved having regard to, among other things-

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

(ii) what can be done, taking account of cost, funding and practicability;

(b) 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;

(c) meeting the need for efficient transport links between heavily populated places;

(d) how transport in the region will be provided, developed, improved and operated so as-

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

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

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

(iv) to promote social inclusion;

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

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

(vii) to integrate with transport elsewhere;

Introduction

In its discussions of the Transport Act, the Scottish Parliament took a strong interest in regional transport strategies and the requirements that the legislation would make. Detailed provisions were agreed to: these are set out in section 5 which forms the basis for this guidance document. Section 5(2), in particular, sets out a series of requirements for the content of the strategies.

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 to be helpful.

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 used ("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 common understanding of the term and that authorities may have different views on what constitutes well-being 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-bring' 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

(ii) 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 ( www.gro-scotland.gov.uk ). 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 chance 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 the 'inputs' section 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 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. The accessibility of remote and sparsely-populated areas has a significant impact on their economic and social well-being. Government (national or local) is responsible for providing and funding virtually all public transport services (bus, rail, air, ferry) - 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 3000;
• 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 Transport Act. An urban-rural classification map is available on the Executive's website ¹⁰.

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. This should be done at various points during the development of it strategy - when setting objectives and when appraising, selecting and prioritising options.

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

The Scottish Executive's framework for cities ¹¹ 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 Transport 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 ¹².

(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.

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.

In the transport sector, economic success can often lead to improvements in social well-bring for example by enabling more people to access a wider range of goods and services, by improving access to jobs, education and social destinations, It also has a wider economic benefit by ensuring businesses remain competitive.

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.

The tensions between travel choices that improve the economic and social well-being of individuals whilst damaging the well-being of others and of the community at large are not solely within the gift of RTPs to resolve.

However, RTPs could, through their strategies, explore ways to improve social well-bring 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 one of the Executive's 5 national transport objectives and regional transport strategies should make a contribution to the achievement of the Executive's road safety target to reduce the number of serious and fatal road accident casualties by 40% overall and by 50% for children by 2010 compared with the 1994-98 averages ¹³.

Safety is an issue for all modes and RTPs can also address safety by promoting those modes that have the best safety records (such as rail) whilst at the same time working to improve safety for modes where the risks are (or are perceived to be) higher such as cycling and powered two-wheelers - the additional safety risks of these modes should be balanced by the advantages they offer.

Many safety issues are likely to fall to local authorities but the RTS can provide a strategic context - for example in terms of promoting improvements to certain strategic roads. RTPs should also address safety issues as part of their wider aim of increasing the use of public transport - e.g. initiatives on information, lighting, CCTV, driver training etc are likely to benefit from a consistent regional approach. Similarly, park and ride could be a key regional policy instrument (particularly in the city-regions) and safety (and vehicle security) considerations should be built in.

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

Social well-being (and health) is affected by environmental factors: noise, air pollution, visual impact of mass moving and parked traffic, and by the safety risks associated with (particularly car) transport.

The Executive's set out in its document 'Meeting the Needs' ¹⁴, published in April 2002, three priority areas for sustainable development: resource use, energy and travel. All have implications for transport. The transport objectives of 'Meeting the Needs' are ones which should be reflected in the objectives of the regional transport strategies:

• Stabilise road traffic to 2001 levels by 2021.
• Make Freight Facility Grant Scheme awards that will increase the transfer of lorry miles per year off Scottish roads onto rail and water to 25 million by March 2006.
• Increase the proportion of non-car travel to work by 2006.
• Increase local bus passenger journeys by 5% by 2006 compared with 2000-01 levels.

RTPs should consider the policy levers at their disposal to influence road traffic reductions, increased use of public transport and non-motorised modes, and the transfer of road freight to rail and water. These 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, charging.
• Working with the freight industry (as has been successfully undertaken by NESTRANS) 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 - though 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.

(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.

The Executive is committed to promoting social inclusion and has set a series of objectives related to 'Closing the Opportunity Gap'. 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.

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

In addition to the general requirement to promote social inclusion, transport strategies should consider how to address particular social inclusion/equality issues, including meeting the particular travel needs of older people; disabled people and their carers; children and young people; women; and people from minority ethnic communities. This is particularly important in the case of disabled people and minority ethnic communities given Transport Partnerships will be made subject to a statutory general duty to promote race and disability equality (and eventually gender too) - see below for further information on each of these.

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 ¹⁵ 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 wellbeing 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 principle 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 you with this, we suggest you undertake an equality impact assessment [see Annex I to be added] for suggestions as to the types of questions you should consider. (Although the questions refer to minority ethnic communities, these can be applied to any equality group)];
• 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 Transport 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 our 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 next year, once RTPs are fully established. 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 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, Transport Partnerships 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.

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/

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

In its debates on the Transport Act, MSPs were particularly keen that RTPs and Health Boards work together on relevant transport issues. Of particular concern was improving access to where healthcare is provided. This was driven by concerns that in some places decisions on the location of health services were making access more difficult for some people, and that public transport services were not being adjusted to accommodate this.

A number of steps have already been taken to address these issues:

• 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' ¹⁶ is being amended to ensure health boards undertake a full transport impact 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 ¹⁷. 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 Boards.

• 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 forthcoming national transport strategy.

It will be important for RTPs in drawing up and implementing their strategies, and through their ongoing work with Health Boards, to ensure that transport provision is planned and developed alongside healthcare provision. RTPs and Health Boards should develop active collaborative partnerships to ensure that these steps are taken. We expect Health Boards to be represented on all regional transport partnerships or if not for other arrangements to be put in place to ensure that the objectives of the Health Boards and the RTPs are mutually understood and solutions worked towards which meet both the health and transport needs of people in the region.

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 - this is already the case in some instances, for example the shift patterns of many 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.

Health Boards will also be under a duty to "so far as possible, perform those of it's functions and activities that relate to or which affect or are affected by transport consistently" with the regional transport strategy (Section 8(2) of the 2005 Act). In recognition of the particular duties which are being applied to Health Boards, the Act also makes them statutory consultees for regional transport strategies.

As well as improving access, transport strategies should look to favour policies and projects 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

Integration of transport is one area where the RTPs have the potential to play an important role. 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: again, the RTS can promote standardised information for example at bus-stops, in order to improve the attractiveness of public transport.

However, the specific requirement of the Act is for the RTS to show how transport in the region will integrate with transport elsewhere. In some cases this will be similar to some of the points above for example through the development of effective interchanges at railway and bus stations, ports and airports to integrate incoming with onward travel. In other cases it will mean working with neighbouring RTPs and with authorities elsewhere in the UK and beyond to develop proposals for transport improvements. This could include joint sponsorship of infrastructure projects or joint funding of cross-boundary services. Cross-boundary integration will need to address freight as well as passenger transport, particularly acute when traffic is transiting through a region, having a negative impact on the well-being of the region without making any positive contribution.

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