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Transport (Scotland) Act 2019

Sections201

Transport (Scotland) Act 2019

2019 asp 17

An Act of the Scottish Parliament to require the production of a national strategy in relation to transport; to make provision for low emission zones; to make provision for and in connection with the powers of local transport authorities in connection with the operation of local bus services in their areas; to make provision about arrangements under which persons may be entitled to travel on local bus and other transport services; to prohibit the parking of vehicles on pavements, prohibit double parking and prohibit parking adjacent to dropped footways; to make provision enabling local authorities to make schemes under which a charge may be levied for providing workplace parking places; to make provision in connection with charges arising from parking on private land; to make provision in connection with the status of the office of the Scottish Road Works Commissioner, the Commissioner's functions and the regulation of road works; to make provision in connection with regional Transport Partnerships and to adjust the number of members on the British Waterways Board; and for connected purposes.

EnactedThe Bill for this Act of the Scottish Parliament was passed by the Parliament on 10th October 2019 and received Royal Assent on 15th November 2019

PART 1  National transport strategy

I11 Preparation of strategy

1 The Scottish Ministers must prepare a national transport strategy.
2 The national transport strategy must set out—
a the Scottish Ministers' vision for transport to, from and within Scotland,
b their strategy for realising that vision, and
c the policies which they intend to pursue in order to implement that strategy.
3 The national transport strategy may include such other information as the Scottish Ministers consider appropriate.
4 In determining the content of the national transport strategy, the Scottish Ministers must have regard, among other things, to the desirability of transport being provided, developed, improved and operated so as to contribute to improving outcomes in relation to the matters mentioned in subsection (5).
5 Those matters are—
a the ability of people to realise their human rights,
b social and economic wellbeing, including in particular in relation to—
i social inclusion,
ii elderly persons,
iii inclusion of persons with disabilities,
iv inclusive economic growth,
v fair work,
vi reduction of poverty and inequality,
vii access to further and higher education via public transport,
viii sustainability of communities in rural areas,
c the environment, including in particular in relation to—
i the sustainable and efficient use and re-use of resources,
ii the meeting of the emission reduction targets set out in Part 1 of the Climate Change (Scotland) Act 2009,
d health and wellbeing.

I22 Consultation on strategy

1 In preparing the national transport strategy, the Scottish Ministers must consult—
a such persons as they consider appropriate, and
b the general public.
2 If, before the day on which this section comes into force (and whether before or after the Bill for this Act was passed), anything was done which, had it been undertaken after that day, would to any extent have satisfied subsection (1), that subsection is to that extent to be taken to have been satisfied.

I33 Publication and laying of strategy

1 The Scottish Ministers must—
a publish the national transport strategy in such manner as they consider appropriate, and
b lay a copy of the strategy before the Scottish Parliament.
2 As soon as reasonably practicable after complying with subsection (1), the Scottish Ministers must—
a publish a report setting out—
i the consultation process undertaken in order to comply with section 2(1), and
ii the ways in which, in preparing the national transport strategy, the Scottish Ministers have taken account of views expressed in the course of that process,
b lay a copy of the report before the Scottish Parliament, and
c seek to make a statement to the Scottish Parliament on the contents of the strategy.

I44 Review of strategy

1 The Scottish Ministers—
a must keep the national transport strategy under review, and
b may, if they consider it appropriate, revise it.
2 Sections 1(2) to (5), 2(1) and 3 apply in relation to any revision of the national transport strategy as they apply in relation to the original national transport strategy.

I55 Reporting on strategy

1 As soon as reasonably practicable after the end of each reporting period, the Scottish Ministers must—
a publish a report setting out—
i progress made in the reporting period towards realising the vision in the national transport strategy, and
ii steps taken in the reporting period to keep the national transport strategy under review, and
b lay a copy of the report before the Scottish Parliament.
2 A report under subsection (1)(a) may include such other information as the Scottish Ministers consider appropriate.
3 In subsection (1), “reporting period” means the period of 3 years beginning with the day on which section 3(1) was complied with in relation to the original national transport strategy and each subsequent period of 3 years.

PART 2  Low emission zones

CHAPTER 1 Effect of a low emission zone scheme

I96 Restriction on driving within a zone

1 A person may not drive a vehicle on a road within a low emission zone in contravention of the terms of a low emission zone scheme unless—
a the vehicle meets the specified emission standard, or
b the vehicle is exempt by virtue of subsection (4)(b) or section 17.
2 Where a person drives a vehicle on a road within a low emission zone in contravention of subsection (1), a penalty charge is payable in respect of the contravention.
3 But, despite subsection (2), if—
a the same vehicle is driven within the same low emission zone in contravention of subsection (1) on more than one occasion in the course of the same day, and
b the person to whom the penalty charge notice would be issued in respect of those contraventions is the same person,
only one penalty charge is payable in respect of the contraventions.
4 The Scottish Ministers may by regulations, following consultation with such persons as they consider appropriate—
a make provision for or in connection with the specification of the emission standard for the purpose of subsection (1)(a),
b specify vehicles or types of vehicle which are exempt for the purpose of subsection (1)(b) including, in particular, by reference to their construction or use,
c make provision for or in connection with the amount that may be imposed as a penalty charge under subsection (2) (which may include provision for discounts and surcharges).

I107 Proving contraventions and issue of a penalty charge notice

1 The fact that a person was driving a vehicle on a road within a low emission zone may be established only on the basis of a record produced by an approved device.
2 A record obtained from the Secretary of State or from another source as specified in regulations by the Scottish Ministers, certifying a vehicle's emission standard as at the date and time of the record produced by an approved device, is determinative of whether the vehicle meets the specified emission standard.
3 Where a local authority considers that a penalty charge is payable under section 6(2) in respect of a low emission zone scheme it has made, it may issue, or make arrangements relating to the issue of, a penalty charge notice in accordance with regulations under section 8(1).
4 A penalty charge under section 6(2) is payable to the local authority which issued the penalty charge notice—
a by the registered keeper of the vehicle, or
b in such circumstances, following consultation with such persons as they consider appropriate, as the Scottish Ministers by regulations specify, by such other person as is so specified.

I118 Enforcement

1 The Scottish Ministers may, following consultation with such persons as they consider appropriate, by regulations make provision for or in connection with the enforcement of low emission zone schemes.
2 Regulations under subsection (1) may, in particular, make provision for or about—
a penalty charge notices (including the form, content and method of issue),
b the timing and manner of payment of a penalty charge,
c reviews and appeals (including grounds of review or appeal) in connection with the issuing of penalty charge notices,
d the manner in which a penalty charge notice may be enforced,
e steps that may be taken following the cancellation of a penalty charge notice (including the issuing of another penalty charge notice in respect of the same contravention),
f enabling local authorities to enter into arrangements with any person in connection with the exercise of a function conferred on a local authority by the regulations or under section 7.
3 Regulations under subsection (1) may include provision—
a creating offences,
b about the records to be produced by or in connection with approved devices (including what constitutes sufficient evidence of a fact).
4 The maximum penalty that may be provided for in regulations under subsection (1) creating offences is, on summary conviction, a fine not exceeding level 5 on the standard scale.

CHAPTER 2 Creation and modification of a low emission zone scheme

Process

I129 Power to make or modify a low emission zone scheme

1 At any time, a local authority may (in accordance with this Chapter)—
a make a low emission zone scheme for all or part of its area,
b amend or revoke a low emission zone scheme made by it.
2 Where two or more local authorities act jointly to make a low emission zone scheme—
a they must continue to act jointly in relation to the scheme in all respects, and
b a reference to the area of a local authority is a reference to the combined areas of those authorities.

I1310 Ministerial approval

1 A low emission zone scheme cannot be made, amended or revoked unless the proposal to make, amend or revoke the scheme is approved by the Scottish Ministers.
2 When seeking the approval of the Scottish Ministers for such a proposal, the local authority must provide a statement setting out—
a details of the consultation it has undertaken under section 11, and
b how it has taken account of any representations received in the course of that consultation.
3 In approving the making, amendment or revocation of a low emission zone scheme, the Scottish Ministers may make such modifications to the proposal as they consider appropriate.
4 In considering whether to approve the making, amendment or revocation of a low emission zone scheme, the Scottish Ministers—
a must take into account the statement provided by the local authority under subsection (2), and
b may consult, or require the local authority whose proposal it is to consult, such persons as Ministers consider appropriate.

I1411 Prior consultation

Before a local authority asks the Scottish Ministers to approve the making, amendment or revocation of a low emission zone scheme, it must consult—
a the Scottish Environment Protection Agency,
b Scottish Natural Heritage,
c Historic Environment Scotland,
d such persons as the authority considers represent the interests of—
i the road haulage industry,
ii the bus and coach industry,
iii the taxi and private hire car industry,
iv local businesses, and
v drivers,
likely to be affected by the proposal,
e such persons (if any) as are specified by the Scottish Ministers in regulations,
f such other persons as the authority considers appropriate.

I1512 Examination of proposals

1 This section applies where a local authority proposes to make, amend or revoke a low emission zone scheme.
2 Either—
a the local authority making the proposal, or
b the Scottish Ministers,
may (if it or they consider it appropriate) appoint a person (“the reporter”) to carry out an examination of, and prepare a report on, the proposal or any aspect of it.
3 The reporter may carry out an examination in such manner as the reporter considers appropriate and may, in particular, do so by means of—
a consideration of written representations only,
b conducting a hearing at which a person who has made representations in respect of the proposal may be given an opportunity to appear and be heard, or
c holding an inquiry into the proposal.
4 Subsections (3) to (5) of section 210 of the Local Government (Scotland) Act 1973 (provisions relating to local inquiries) apply in relation to a hearing or inquiry under subsection (3) of this section as they apply in relation to an inquiry under that Act.
5 Where an examination is to be carried out, the local authority may not proceed with the proposal until the examination has been completed.
6 The Scottish Ministers may by regulations make further provision in relation to examinations to be carried out under this section.
7 Without limit to that generality, such regulations may make provision—
a about who may be appointed to carry out an examination under this section,
b about the procedure for examinations under this section and, in particular, in relation to—
i any representations which are (or are not) to be taken into account,
ii who may appear at a hearing or inquiry,
iii the procedure for the conduct of any hearing or inquiry,
iv things which must be done in preparation for, or following, a hearing or inquiry,
c in relation to the financial aspects of an examination and, in particular, about the payment of remuneration, costs and expenses,
d in relation to the report to be prepared including, in particular, its form, content and publication.

I1613 Ministers' power to regulate process

The Scottish Ministers may by regulations make provision about the procedures in relation to low emission zone schemes including, in particular, provision—
a specifying the form of a scheme, or any amendment to or revocation of it,
b about consultation on proposals (including the publication of proposals and the making and consideration of representations),
c about the publication of notice of the making, amendment or revocation of a scheme and of their effect.

Content

I1714 Required content of a scheme

1 A low emission zone scheme must specify—
a the zone to which it relates, which must be specified—
i by reference to an area on a map, and
ii by specifying the roads (or parts of a road) which form part of the zone,
b the date on which the scheme comes into effect,
c the types of vehicles to which it applies, which must be specified by reference to the vehicles' construction (and subject to any exemptions specified by the Scottish Ministers in regulations under section 6(4)(b)),
d the scheme's objectives,
e the grace periods applicable under section 15.
2 Where a low emission zone scheme is made by two or more local authorities jointly, the scheme must make provision as to how any monies received from penalty charges in respect of the scheme are to be apportioned between (or among) those authorities.
3 For the purpose of subsection (1)(a)(ii), a low emission zone scheme may not specify—
a a private road, or
b a special road,
within the meaning of section 151(1) of the Roads (Scotland) Act 1984.
4 The objectives specified under subsection (1)(d) must include—
a an objective of contributing towards meeting the air quality objectives prescribed under section 87(1) of the Environment Act 1995 (regulations about air quality), and,
b an objective of contributing towards meeting the emission reduction targets set out in Part 1 of the Climate Change (Scotland) Act 2009.
5 A scheme may make different provision for different purposes, types of vehicles, or areas.

I1815 Grace period

1 Section 6(1) is not contravened by a vehicle being driven on a road within a low emission zone prior to the expiry of the applicable grace period.
2 In subsection (1), “the applicable grace period” means the period that the low emission zone scheme specifies as applying—
a in relation to the road, or part of the road, on which the vehicle was driven,
b in relation to the type of vehicle being driven, by reference to its construction, and
c to the individual who is the registered keeper of the vehicle.
3 A low emission zone scheme must specify—
a a grace period that applies to individuals whose registered address in respect of the vehicle is a residential property within the zone (“residents”),
b a grace period that applies to individuals whose registered address is not (“non-residents”), and
c in relation to both paragraphs (a) and (b), the types of vehicle to which the grace period applies (which may vary as between residents and non-residents).
4 A grace period begins on the day the low emission zone scheme comes into effect.
5 The grace period applicable to non-residents must expire—
a not less than 1 year after it begins, and
b not more than 4 years after it begins.
6 The grace period applicable to residents must expire not more than 2 years after the expiry of the grace period applicable to non-residents.
7 Subsections (4) to (6) are subject to section 16.

I1916 Grace periods: further provision

1 Subsections (2) to (5) apply where a road or part of a road—
a forms, or has formed, part of a zone to which a low emission zone scheme (“the original scheme”) relates, and
b is to become, within 12 months of the original scheme ceasing to have effect in relation to the road or part of a road, part of a zone to which a low emission zone scheme (“the subsequent scheme”) relates.
2 If—
a a grace period is specified as applying to the road or part of a road in the original scheme, and
b that period has expired, or is due to expire, before the road or part of a road becomes part of the zone to which the subsequent scheme relates,
no grace period of the same type may be specified as applying to the road or part of a road in the subsequent scheme.
3 For the purposes of subsection (2), grace periods are of the same type as one another if they are both specified (or to be specified) in accordance with the same subsection of section 15.
4 If—
a a grace period is specified as applying to the road or part of a road in the original scheme, and
b that period is not due to expire before the road or part of a road becomes part of the zone to which the subsequent scheme relates,
subsection (5) applies.
5 In the circumstances described in subsection (4), the maximum length of the grace period that may be specified as applying to the road or part of a road in the subsequent scheme is to be reduced by the length of time that a grace period will have applied to the road or part of a road when it becomes part of the zone to which the subsequent scheme relates.
6 Where—
a a low emission zone scheme is modified to include a road or part of a road that did not previously form part of the zone to which the scheme relates, and
b the road or part of a road has not formed part of a zone to which a low emission zone scheme relates within the period of 12 months prior to the modification taking effect,
subsection (7) applies.
7 In the circumstances described in subsection (6)—
a grace periods must be specified as applying to the road or part of a road in the modified scheme mentioned in subsection (6)(a), and
b those periods are to be specified on the basis that—
i section 15(4) does not apply, and
ii the grace periods begin on the day the modification takes effect.

I2017 Time-limited exemptions

1 A low emission zone scheme may provide for the granting and renewal, by the local authority which made the scheme, of a time-limited exemption in respect of a vehicle or type of vehicle for the purpose of section 6(1)(b), by reference to the vehicle's use.
2 Where a low emission zone scheme makes provision for time-limited exemptions under subsection (1), it must specify—
a the circumstances in which the local authority must, may or must not grant or renew an exemption,
b the maximum period for which an exemption may be granted (which must be no longer than 1 year).
3 A low emission zone scheme must—
a provide for the granting and renewal, by the local authority which made the scheme, of a time-limited exemption for the purpose of section 6(1)(b) in respect of vehicles which enter the zone to which the scheme relates solely due to their following a signed diversion as a result of a temporary road closure, and
b specify the maximum period for which such an exemption is granted (which must be no longer than the length of the road closure).
4 A time-limited exemption granted or renewed by virtue of subsection (1) or (3) is subject to such conditions or restrictions as are specified by the local authority in the grant or renewal.

I2118 Power to alter operating hours

1 Subject to subsection (2), a low emission zone operates at all times.
2 A low emission zone scheme may specify different rules as to when a zone operates.

I2219 Ministers' power to specify additional content

The Scottish Ministers may by regulations prescribe further information that may or must be included in a low emission zone scheme.

CHAPTER 3 Operation of a low emission zone scheme

Equipment and signs

I2320 Use of equipment

1 This section applies where a local authority has made a low emission zone scheme.
2 The traffic authority for a road may—
a install and maintain, or secure the installation and maintenance of, approved devices,
b construct and maintain, or secure the construction and maintenance of, buildings or other structures,
on a road for use for or in connection with the operation of the scheme.
3 The traffic authority may remove, or secure the removal of, anything installed or constructed under subsection (2).

I2421 Approved devices

1 The Scottish Ministers may by regulations make provision for or about the approval of devices to be used for or in connection with the operation of a low emission zone scheme.
2 A device may not be used for or in connection with the operation of a low emission zone scheme if—
a regulations under subsection (1) make provision for or about the approval of that type of device, and
b the device is not of a type approved by virtue of the regulations.

I2522 Traffic signs

1 Where—
a a local authority has made a low emission zone scheme, and
b a traffic authority has placed, or secured the placement of, a traffic sign on or near a road in connection with the scheme,
the traffic authority for the road on which a sign has been placed must maintain, or secure the maintenance of, that sign.
2 In subsection (1), “traffic sign” has the same meaning as in section 64(1) of the Road Traffic Regulation Act 1984 (general provision as to traffic signs).

Information sharing

I2623 Power to share information

1 A responsible body may, in the circumstances mentioned in subsection (2), disclose relevant information to—
a another responsible body,
b the Secretary of State,
c a source specified in regulations made under section 7(2), or
d the responsible body's enforcement agent.
2 The circumstances are that disclosure of the relevant information is—
a necessary to enable the responsible body or enforcement agent to perform a function conferred by virtue of this Part, or
b otherwise necessary for or in connection with the operation of a low emission zone scheme.
3 Where relevant information is disclosed to an enforcement agent—
a the agent may only use the information, or subsequently disclose it to any other person, as is necessary for or in connection with the enforcement of the low emission zone scheme to which the information relates, and
b any other person to whom the information is subsequently disclosed may only use it for the same purpose.
4 In this section, “relevant information” means—
a in relation to disclosure under subsection (1)(a), (b) or (c)—
i the make and model of a vehicle alleged by a local authority (or its enforcement agent) to have driven in the zone to which the scheme relates,
ii the registration mark of that vehicle (assigned under section 23 of the Vehicle Excise and Registration Act 1994),
iii the date on which the vehicle is alleged to have driven within the zone to which the scheme relates,
b in relation to disclosure under subsection (1)(d)—
i the information mentioned in sub-paragraphs (i) to (iii) of paragraph (a),
ii the name and address of the registered keeper of the vehicle alleged by a local authority (or its enforcement agent) to have driven in the zone to which the scheme relates,
iii the time when and location where the vehicle is alleged to have driven within the zone to which the scheme relates,
iv any record of an alleged contravention of section 6(1) produced by an approved device,
v any record obtained by virtue of section 7(2) certifying a vehicle's emission standard,
vi any information or representations provided to the local authority by or on behalf of the registered keeper of a vehicle in connection with any review or appeal made by virtue of regulations made under section 8(1).
5 For the purposes of this section—
a a “responsible body” is—
i a local authority operating a low emission zone scheme,
ii a person (other than the Scottish Ministers) with whom the local authorities who operate a low emission zone scheme have entered into an arrangement in relation to the function of obtaining and sharing any record mentioned in section 7,
iii the Scottish Ministers,
b an “enforcement agent” is a person with whom a local authority has entered into arrangements by virtue of—
i section 7(3), or
ii regulations made under section 8(1).
6 Nothing in this section authorises a disclosure of any information that would be in contravention of the Data Protection Act 2018.

Temporary suspension for events

I2724 Temporary suspension for events

1 A local authority may suspend the operation of a low emission zone scheme for a specified period, in respect of the whole zone or any part of the zone to which the scheme relates, where the authority considers it appropriate to do so for the purposes of an event which—
a is being held within, or in the vicinity of, the zone to which the scheme relates, and
b the local authority considers to be of national importance or significant local importance.
2 A local authority may not suspend the operation of a low emission zone scheme for more than 7 days unless the Scottish Ministers give prior approval to the proposed suspension.
3 This section is without prejudice to a local authority's ability to specify, by virtue of section 18(2), rules in a low emission zone scheme as to when a zone operates.

Finances and reporting etc.

I625 Ministers' grant-making powers

1 The Scottish Ministers may make grants—
a to a person to meet, or help towards meeting, the person's costs in making alterations to a vehicle in order to reduce its emissions,
b to a local authority to meet, or help towards meeting, its costs in—
i determining whether to make a low emission zone scheme,
ii making a scheme,
iii operating a scheme,
iv revoking a scheme.
2 A grant under subsection (1)(a) is subject to such conditions (including as to repayment) as the Scottish Ministers determine.
3 A grant under subsection (1)(b) is subject to such conditions as may be agreed between the Scottish Ministers and the local authority.

I2826 Financial powers etc.

A local authority may—
a incur expenditure in or in connection with determining whether to make, making and operating a low emission zone scheme,
b enter into arrangements (including arrangements for forming or participating in companies) with any person—
i in connection with the making or operation of a scheme, or
ii relating to the installation or operation of any equipment used or to be used for or in connection with the operation of a scheme.

I2927 Application of penalty charges

Any monies received from penalty charges in respect of a low emission zone scheme may be applied by the local authority only for the purposes of—
a facilitating (directly or indirectly) the achievement of the scheme's objectives, and
b if (and only if) any surplus remains, making any repayments required as a condition of a grant under section 25(1)(b).

I3028 Accounts

1 The Scottish Ministers may by regulations make provision for or about the keeping of accounts by local authorities in connection with their functions under this Part.
2 Regulations under subsection (1) may, in particular—
a specify the form of the accounts,
b require the publication of a statement of account, and specify the manner in which it must be published,
c make provision about what may, or must, be done jointly where a low emission zone scheme is made jointly.

I3129 Annual report

1 A local authority which is operating a low emission zone scheme during a financial year must, as soon as reasonably practicable after the end of the financial year—
a prepare an annual report on the operation and effectiveness of the scheme,
b publish the report in such manner as it considers appropriate,
c send a copy of the report to the Scottish Ministers, and
d lay a copy of the report before the Scottish Parliament.
2 A report under this section on the operation and effectiveness of the scheme must in particular include an assessment of—
a the costs of proposing, making and operating the scheme,
b the gross and net revenue gathered by the authority from the operation of the scheme, and
c details of how the revenue has been used to facilitate the achievement of the scheme's objectives.

Performance of a scheme

I3230 Direction to carry out a review

1 The Scottish Ministers may give a direction to a local authority requiring it to carry out a review of the operation and effectiveness of a low emission zone scheme operated by it.
2 Without prejudice to the generality of subsection (1), a local authority may, from time to time, carry out a review of the operation and effectiveness of a low emission zone scheme operated by it.
3 A review must include—
a an assessment of whether the scheme's objectives are being achieved or are likely to be achieved within a reasonable period,
b an assessment of the ways (if any) in which the scheme's objectives are not being achieved or are not likely to be achieved within a reasonable period,
c the identification of any areas of the zone to which the scheme relates in which the scheme's objectives are not being achieved or are not likely to be achieved within a reasonable period,
d such other matters—
i in the case of a review under subsection (1), as are specified in the direction by the Scottish Ministers, or
ii in the case of a review under subsection (2), as the local authority considers appropriate.
4 On completion of a review, the local authority must—
a prepare a report of the review's findings, and
b give a copy of the report to the Scottish Ministers.
5 A direction under subsection (1) must—
a be in writing,
b be published in such manner as the Scottish Ministers consider appropriate as soon as reasonably practicable after it is given.
6 The Scottish Ministers may amend or revoke a direction given under subsection (1).
7 Subsection (5) applies to the amendment or revocation of a direction under subsection (1) as it applies to the direction.

I3331 Action following a review

1 After receiving a report under section 30, the Scottish Ministers may give a direction to a local authority requiring it to take such steps as are specified in the direction if the Scottish Ministers consider that—
a the scheme's objectives are not being achieved, and are not likely to be achieved within a reasonable period,
b the local authority has failed to discharge any duty imposed on it under or by virtue of this Part,
c the actions, or proposed actions, of the local authority in purported compliance with provision made under or by virtue of this Part are inappropriate in all the circumstances of the case, or
d developments in science or technology, or material changes in circumstances, have rendered inappropriate the actions or proposed actions of a local authority in pursuance of the provision made under or by virtue of this Part.
2 A direction under subsection (1) must—
a be in writing,
b be published in such manner as the Scottish Ministers consider appropriate as soon as reasonably practicable after it is given.
3 The Scottish Ministers may amend or revoke a direction given under subsection (1).
4 Subsection (2) applies to the amendment or revocation of a direction under subsection (1) as it applies to the direction.

CHAPTER 4 General

I3432 Guidance

1 The Scottish Ministers may, following consultation with such persons as they consider appropriate, issue written guidance in relation to the exercise of functions conferred on a local authority (whether as a local authority or as a traffic authority) by virtue of this Part.
2 A local authority must have regard to any written guidance given by the Scottish Ministers about the exercise of functions conferred on it (whether as a local authority or as a traffic authority) by virtue of this Part.
3 The Scottish Ministers must publish any such guidance in such manner as they consider appropriate as soon as reasonably practicable after it has been given.

I3533 Interpretation of Part

In this Part—
  • “approved device” means a device approved under or in accordance with regulations under section 21(1),
  • “registered address”, in relation to the registered keeper of a vehicle, means the address recorded in the record kept under the Vehicle Excise and Registration Act 1994 in respect of that vehicle as being that person's address,
  • “registered keeper”, in relation to a penalty charge payable in connection with a vehicle, means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994 at the time of the contravention to which the penalty charge relates,
  • “road” has the meaning given by section 151(1) of the Roads (Scotland) Act 1984,
  • “traffic authority” has the meaning given by section 121A of the Road Traffic Regulation Act 1984,
  • “vehicle” means a motor vehicle within the meaning of section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of that Act.

PART 3  Bus services

Provision of services by local transport authorities

I7234 Provision of bus services etc. by local transport authorities

1 In the Transport (Scotland) Act 2001—
a before section 3 (and the italic heading immediately preceding it) insert—
,
b in section 79(1) (guidance), after paragraph (b) insert—
.
2 Except as provided for in subsection (3), sections 66 to 71, 72(1)(c), 72(2), 72(3)(b) and 72(5)(c) of the Transport Act 1985 are repealed.
3 Sections 66(2) to (7), 67 to 71, 72(1)(c), 72(2), 72(3)(b) and 72(5)(c) of the Transport Act 1985 (and any order made under them) are to continue to have effect in so far as is necessary for the provision of any service or operation of any undertaking that is being provided or operated under or by virtue of those sections or orders on the date subsection (2) comes into force.

Bus services improvement partnerships

I9435 Bus services improvement partnerships

1 The Transport (Scotland) Act 2001 is amended as follows.
2 For sections 3 to 12 (including the italic heading immediately preceding section 3), substitute—
.

I9536 Procedures for partnership plans and schemes

1 The Transport (Scotland) Act 2001 is amended as follows.
2 Before schedule 1 insert—
.

I97I11737 Registration of local services and functions of traffic commissioner

1 The Transport Act 1985 Act is amended as follows.
2 In section 6 (registration of local services)—
a after subsection (2) insert—
,
b after subsection (7) insert—
.
3 After section 6J insert—
.

Local services franchises

I9638 Franchising arrangements for local services

1 The Transport (Scotland) Act 2001 is amended as follows.
2 For sections 13 to 27 (including the italic heading immediately preceding section 13) substitute—
.

Information relating to services

I7539 Provision of service information when varying or cancelling registration

1 After section 6 of the Transport Act 1985 Act insert—
.
2 In section 39 of the Transport (Scotland) Act 2001 (penalties), in subsection (1), after paragraph (b) insert—
.
3 In section 43 of the Transport (Scotland) Act 2001 (power to obtain information about local services), after subsection (5) insert—
.

40 Provision of information about bus services

1 The Transport (Scotland) Act 2001 is amended as follows.
2 After section 35 insert—
.
3 In section 39(1) (penalties), after paragraph (c) insert—
.
F24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4  Ticketing arrangements and schemes

41 Ticketing arrangements

1 The Transport (Scotland) Act 2001 is amended as follows.
2 After section 27 insert—
.
3 Section 28(5) is repealed.
4 The italic heading immediately preceding section 28 becomes “ Ticketing arrangements ”.
F35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42 National technological standard for smart ticketing

1 The Transport (Scotland) Act 2001 is amended as follows.
2 After section 27A insert—
.

I4143 National Smart Ticketing Advisory Board

1 The Transport (Scotland) Act 2001 is amended as follows.
2 After section 27B insert—
.

44 Ticketing schemes

1 The Transport (Scotland) Act 2001 is amended as follows.
2 In section 29 (ticketing schemes)—
a after subsection (3) insert—
,
b in subsection (5), for “28(5)” substitute “ 27A(1) ”,
c after subsection (6) insert—
.
3 In section 30 (consultation as to proposed ticketing scheme)—
a in subsection (1), for “at least one local newspaper circulating” substitute “ such manner as they consider appropriate for bringing it to the attention of persons ”,
b in subsection (3), after paragraph (c) insert—
.
4 In section 31 (making of ticketing scheme)—
a after subsection (1) insert—
,
b in subsection (3)—
i in paragraph (a), for “at least one local newspaper circulating” substitute “ such manner as they consider appropriate for bringing it to the attention of persons ”,
ii in paragraph (b), after “services” insert “ or connecting rail or ferry services ”,
iii after paragraph (c) insert—
.
c in subsection (4)(b), after “service” insert “ and the connecting rail or ferry services (if any) ”,
d after subsection (4) insert—
.
5 In section 47—
a in subsection (1), the words “or ticketing scheme” are repealed,
b in subsection (3)(a), the words “and ticketing schemes” are repealed.
6 Before section 29 insert— “ Ticketing schemes ”.

45 Directions about ticketing schemes

1 The Transport (Scotland) Act 2001 is amended as follows.
2 After section 32 insert—
.

46 Reports on ticketing arrangements and schemes

1 The Transport (Scotland) Act 2001 is amended as follows.
2 After section 32A insert—
.

47 Application of ticketing arrangements and schemes to trams

1 Subject to the modification contained in subsection (2), the provisions of Chapter 3 of Part 2 of the Transport (Scotland) Act 2001 apply to any service for the carriage of passengers by tramway as they apply to the provision of a local service.
2 Section 32(2) of the Transport (Scotland) Act 2001 does not apply.
3 In subsection (1), “tramway” has the same meaning as in section 67(1) of the Transport and Works Act 1992.
4 Section 54(2) of the Edinburgh Tram (Line One) Act 2006 is repealed.
5 Section 54(2) of the Edinburgh Tram (Line Two) Act 2006 is repealed.

48 Guidance

1 The Transport (Scotland) Act 2001 is modified as follows.
2 In section 79(1) (guidance)—
a in paragraph (c), the words “ticketing schemes,” are repealed,
b after paragraph (c) insert—
.

PART 5  Travel concession schemes: application to community transport

I3649 Travel concession schemes: application to community transport

1 The Transport Act 1985 is amended as follows.
2 In section 93 (travel concession schemes), after subsection (7) there is inserted—
.

PART 6  Parking prohibitions

Pavement parking prohibition

I9950 Pavement parking prohibition

1 A person must not park a motor vehicle on a pavement (in this Part, this prohibition is referred to as the “pavement parking prohibition”).
2 For the purposes of the pavement parking prohibition—
a a motor vehicle is parked on a pavement if—
i it is stationary, and
ii one or more of its wheels (or any part of them) is on any part of the pavement,
b a stationary motor vehicle is parked whether or not—
i the driver of the vehicle is in attendance at the vehicle,
ii the engine of the vehicle is running.
3 The pavement parking prohibition is subject to the exceptions set out in section 55.
4 In this section—
  • “footpath” is to be construed in accordance with section 151(2) of the Roads (Scotland) Act 1984 (and does not include a footpath mentioned in subsection (3)(a) or (b) of that section),
  • “footway” is to be construed in accordance with section 151(2) of that Act,
  • “motor vehicle” has the meaning given by section 185(1) of the Road Traffic Act 1988, except that—
    1. section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of that Act, and
    2. it does not include a heavy commercial vehicle (within the meaning given by section 20(1) of that Act) (but see section 19(1) of that Act),
  • “pavement” means a footpath or footway.

I4251 Exemption orders

1 A local authority may make an order (in this Part, an “exemption order”) providing that the pavement parking prohibition does not apply to a footway within the local authority's area which is specified in the order.
2 A footway may not be specified in an exemption order unless it, or the carriageway with which it is associated, has the characteristics specified by the Scottish Ministers in a direction under section 67(1).
3 An exemption order—
a may apply to all or part of a footway,
b must apply—
i at all times, and
ii to all motor vehicles,
c may not be subject to conditions.
4 If the local authority is not the traffic authority for the footway to which an exemption order is to apply, the local authority may not make the order unless the traffic authority for the footway consents to the making of the order.
5 Subsection (4) applies to an order amending or revoking an exemption order as it applies to an exemption order.
6 In subsection (2), “carriageway” is to be construed in accordance with section 151(2) of the Roads (Scotland) Act 1984.

I3752 Exemption orders: form and procedure

1 The Scottish Ministers may by regulations make provision in connection with the making, amendment and revocation of exemption orders.
2 Regulations under subsection (1) may, in particular, make provision about—
a the form of an exemption order (or an order amending or revoking an exemption order),
b the procedure to be followed in connection with the making, amendment or revocation of an exemption order,
c publication of a proposal for the making, amendment or revocation of an exemption order (a “proposal”),
d persons who must be consulted about a proposal and the manner and timing of that consultation,
e the process for making objections to a proposal,
f the process for considering any such objections, including the holding of inquiries and the appointment of a person to hold an inquiry,
g modification of a proposal (whether in consequence of an objection or otherwise),
h notice to be given or published of the making, amendment or revocation of an exemption order and the effect of the exemption order (or its amendment or revocation).

I4353 Exemption orders: traffic signs

1 This section applies where a local authority (the “exempting authority”) makes an exemption order in relation to all or part of a footway.
2 The traffic authority for the footway must—
a place, or secure the placement of, traffic signs in connection with the exemption order, and
b maintain, or secure the maintenance of, those signs.
3 Where the traffic authority for the footway is not the exempting authority, the traffic authority may enter into an arrangement with the exempting authority under which the exempting authority is to—
a exercise the functions under subsection (2), or
b assist the traffic authority in connection with the exercise of those functions.
4 Where the exempting authority enters into an arrangement mentioned in subsection (3)(a), section 65(1) of the Road Traffic Regulation Act 1984 (powers and duties of traffic authorities as to placing of traffic signs) applies to the exempting authority as it applies to the traffic authority for the footway.
5 In subsection (2), “traffic signs” has the meaning given by section 64(1) of the Road Traffic Regulation Act 1984 (general provisions as to traffic signs).

Double parking prohibition

I10054 Double parking prohibition

1 A person must not park a motor vehicle on a carriageway in such a way that no part of the vehicle is within 50 centimetres of the edge of a carriageway (in this Part, this prohibition is referred to as the “double parking prohibition”).
2 For the purposes of the double parking prohibition, a stationary motor vehicle is parked whether or not—
a the driver of the vehicle is in attendance at the vehicle,
b the engine of the vehicle is running.
3 But a motor vehicle is not parked for those purposes if it is stationary—
a due to the necessities of traffic, or
b otherwise as a result of circumstances beyond the driver's control.
4 The double parking prohibition is subject to the exceptions set out in section 55.
5 In subsection (1)—
  • “carriageway” has the meaning given by section 51(6),
  • “edge of a carriageway” means—
    1. where the edge of the carriageway is marked by a painted solid white line, the edge of the painted line furthest from the centre of the carriageway,
    2. where the edge of the carriageway is not marked by a painted solid white line and is bounded by a kerb, the edge of the kerb closest to the centre of the carriageway,
    3. in any other case, where the surface of the carriageway meets the verge of the carriageway,
  • “motor vehicle” has the meaning given by section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of that Act.

Exceptions to pavement parking prohibition and double parking prohibition

I10155 Exceptions to pavement parking prohibition and double parking prohibition

1 This section sets out exceptions to the pavement parking prohibition and the double parking prohibition.
2 The pavement parking prohibition and the double parking prohibition do not apply where F4...—
a the motor vehicle is being used—
i for police purposes, including for the purposes of the National Crime Agency,
ii for ambulance purposes or for the purpose of providing a response to an emergency at the request of the Scottish Ambulance Service Board,
iii for or in connection with the exercise of any function of the Scottish Fire and Rescue Service or Her Majesty's Coastguard, or
iv for naval, military or air force purposes,
b the achievement of the purposes, or the exercise of the function, would be likely to be hindered if the vehicle were not parked on a pavement or, as the case may be, as mentioned in section 54(1), and
c no part of the vehicle is within 1.5 metres of the pavement edge which is furthest away from the centre of the carriageway (however that edge is bounded).
3 The pavement parking prohibition and the double parking prohibition do not apply where the motor vehicle—
a is being used for or in connection with—
i the undertaking of works in roads,
ii the removal of an obstruction to traffic,
iii the collection of waste by or on behalf of a local authority,
iv postal services (within the meaning of section 125(1) of the Postal Services Act 2000),
b cannot reasonably be so used without being parked on a pavement or, as the case may be, as mentioned in section 54(1),
c is so parked for no longer than is necessary for that use, and
d no part of the vehicle is within 1.5 metres of the pavement edge which is furthest away from the centre of the carriageway (however that edge is bounded).
4 In subsection (3)(a)(i), “works in roads” includes—
a road works within the meaning given by section 107(3) of the New Roads and Street Works Act 1991,
b works for roads purposes within the meaning given by section 145(2) of that Act,
c major works for roads purposes with the meaning given by section 145(3) of that Act,
d cleaning, placing, removing or adjusting by or on behalf of a roads authority (within the meaning given by section 151(1) of the Roads (Scotland) Act 1984) of any equipment or structure which is placed on or over a road.
5 The pavement parking prohibition and the double parking prohibition do not apply where—
a the motor vehicle is being used by a registered medical practitioner, registered nurse or registered midwife for or in connection with the provision of urgent or emergency health care,
b the provision of the care would be likely to be hindered if the vehicle were not parked on a pavement or, as the case may be, as mentioned in section 54(1),
c the vehicle is so parked for no longer than is reasonable in connection with the provision of the care, and
d no part of the vehicle is within 1.5 metres of the pavement edge which is furthest away from the centre of the carriageway (however that edge is bounded).
6 The pavement parking prohibition and the double parking prohibition do not apply where—
a the motor vehicle is, in the course of business—
i being used for the purpose of delivering goods to, or collecting goods from, any premises, or
ii being loaded from or unloaded to any premises,
b the delivery, collection, loading or unloading cannot reasonably be carried out without the vehicle being parked on a pavement or, as the case may be, as mentioned in section 54(1),
c no part of the vehicle is within 1.5 metres of the pavement edge which is furthest away from the centre of the carriageway (however that edge is bounded),
d the vehicle is so parked for no longer than is necessary for the delivery, collection, loading or unloading and in any event for no more than a continuous period of 20 minutes.
7 The pavement parking prohibition and the double parking prohibition do not apply where the motor vehicle is parked wholly within a parking place that is—
a authorised by order under section 32(1)(b) of the Road Traffic Regulation Act 1984, or
b designated by order under section 45 of that Act.
8 The pavement parking prohibition and the double parking prohibition do not apply where the motor vehicle is parked in accordance with permission given by a constable (within the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012) in uniform.
9 The pavement parking prohibition and the double parking prohibition do not apply where—
a the person has parked the motor vehicle for the purpose of saving life or responding to another similar emergency,
b the achievement of that purpose would be likely to be hindered if the vehicle were not parked on a pavement or, as the case may be, as mentioned in section 54(1), and
c the vehicle is so parked for no longer than is necessary for that purpose.
10 The pavement parking prohibition and the double parking prohibition do not apply where—
a the person has parked the motor vehicle for the purpose of providing assistance at an accident or breakdown,
b the assistance could not be safely or reasonably provided if the vehicle were not parked on a pavement or, as the case may be, as mentioned in section 54(1),
c the vehicle is so parked for no longer than is necessary for that purpose, and
d no part of the vehicle is within 1.5 metres of the pavement edge which is furthest away from the centre of the carriageway (however that edge is bounded).
11 In this section, “carriageway” has the meaning given by section 51(6).
12 The Scottish Ministers may by regulations modify this section.

Dropped footway parking prohibition

I10256 Dropped footway parking prohibition

1 A person must not park a motor vehicle on a carriageway adjacent to a footway where, for the purpose of assisting pedestrians or cyclists to cross the carriageway—
a the footway has been lowered to meet the level of the carriageway, or
b the carriageway has been raised to meet the level of the footway.
2 In this Part, the prohibition in subsection (1) is referred to as the “dropped footway parking prohibition”.
3 In this section and section 57—
  • “carriageway” has the meaning given by section 51(6),
  • “footway” has the meaning given by section 50(4),
  • “motor vehicle” has the meaning given by section 54(5).

I10357 Exceptions to dropped footway parking prohibition

1 This section sets out exceptions to the dropped footway parking prohibition.
2 The dropped footway parking prohibition does not apply where the footway has been lowered or the carriageway has been raised as described in section 56(1) for the purpose of access to a driveway or to a garage (whether on commercial or residential premises).
3 The dropped footway parking prohibition does not apply where—
a the person has parked the motor vehicle for the purpose of saving life or responding to another similar emergency,
b the achievement of that purpose would be likely to be hindered if the vehicle were not parked as mentioned in section 56(1),
c the vehicle is so parked for no longer than is necessary for that purpose.

Enforcement of parking prohibitions

I84I10458 Imposition of penalty charges

1 Where a person parks a motor vehicle in contravention of the pavement parking prohibition, the double parking prohibition or the dropped footway parking prohibition, a penalty charge is payable in respect of the contravention.
2 Where a local authority considers that a penalty charge is payable under subsection (1) in respect of a contravention occurring in its area, it may issue a notice imposing a penalty charge (a “penalty charge notice”) in accordance with regulations under section 59(1).
3 A penalty charge notice may be issued under subsection (2) only on the basis of—
a conduct observed by an authorised enforcement officer, or
b a record produced by an approved device.
4 A penalty charge imposed under subsection (2) is payable—
a by the registered keeper of the motor vehicle, or
b in such circumstances, following consultation with such persons as they consider appropriate, as may be specified in regulations made by the Scottish Ministers, by such other person as may be so specified.
5 The Scottish Ministers may by regulations, following consultation with such persons as they consider appropriate, make provision for or in connection with the amount that may be imposed as a penalty charge, which may include provision for discounts and surcharges.
6 In this section—
  • “approved device” means a device approved under or in accordance with regulations under section 59(1),
  • “authorised enforcement officer” means an individual—
    1. appointed in connection with the enforcement of the pavement parking prohibition, the double parking prohibition or the dropped footway parking prohibition—
      1. by the local authority, or
      2. by a person with whom the local authority has entered into arrangements as mentioned in section 64, and
    2. in a uniform of a type determined by the local authority in accordance with any directions given under section 67(1),
  • “registered keeper”, in relation to a penalty charge imposed in connection with a motor vehicle, means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994 at the time of the contravention to which the penalty charge relates.

I8559 Enforcement of parking prohibitions

1 The Scottish Ministers may by regulations, following consultation with such persons as they consider appropriate, make provision for or in connection with the enforcement of the pavement parking prohibition, the double parking prohibition and the dropped footway parking prohibition.
2 Regulations under subsection (1) may, in particular, make provision for or about—
a the approval by the Scottish Ministers of devices to be used in connection with the detection of a contravention of a prohibition,
b the notification of a penalty charge, including the form, content and method of notification,
c the timing and manner of payment of a penalty charge,
d reviews and appeals (including grounds of review or appeal) in connection with the imposition of penalty charges,
e the manner in which a penalty charge may be enforced,
f steps that may be taken following the cancellation of a penalty charge, which may include the issuing of another penalty charge in respect of the same contravention.
3 Regulations under subsection (1) may not confer power to stop motor vehicles.
4 Regulations under subsection (1) may include provision—
a creating criminal offences to be triable summarily and punishable with a fine not exceeding level 5 on the standard scale or such lower amount as may be prescribed by the regulations,
b securing that a penalty charge is not required to be paid, or is to be refunded, where the conduct in respect of which the penalty charge is imposed is the subject of—
i criminal proceedings,
ii a fixed penalty notice (within the meaning of section 52(1) of the Road Traffic Offenders Act 1988),
iii a penalty charge notice issued under section 66(1) of the Road Traffic Act 1991 (as applied by an order under paragraph 1 or 2 of schedule 3 of that Act),
c securing that a record produced by an approved device is sufficient evidence of the fact recorded in the record in such circumstances as may be specified in the regulations.

I10560 Power to install approved devices

1 A traffic authority may install and maintain, or secure the installation and maintenance of, approved devices on a road for use in connection with the detection of a contravention of—
a the pavement parking prohibition,
b the double parking prohibition, or
c the dropped footway parking prohibition.
2 The traffic authority may remove, or secure the removal of, anything installed under subsection (1).
3 Where the traffic authority is not the local authority for the area in which a device is to be installed, the traffic authority may enter into an arrangement with that local authority under which the local authority is to—
a exercise the functions under subsection (1) in relation to the device, or
b assist the traffic authority in connection with the exercise of those functions.
4 In subsection (1), “approved devices” has the meaning given by section 58(6).

Removal, moving and disposal of motor vehicles

I10661 Removal of motor vehicles parked contrary to parking prohibitions

1 The Scottish Ministers may by regulations make provision for or about the removal from a road of a motor vehicle which is parked in contravention of the pavement parking prohibition, the double parking prohibition or the dropped footway parking prohibition.
2 Regulations under subsection (1) may, in particular, make provision for or about—
a notification of the removal of a motor vehicle,
b storage of a motor vehicle that has been removed,
c circumstances in which a motor vehicle that has been removed is to be returned,
d charges that may be imposed in connection with the removal or storage of a motor vehicle,
e reviews and appeals (including grounds of review or appeal) in connection with the removal of a motor vehicle.
3 Before making regulations under subsection (1), the Scottish Ministers must consult—
a such persons or organisations as appear to them to be representative of drivers and other road users, and
b such other persons as they consider appropriate.

I10762 Moving motor vehicles parked contrary to parking prohibitions

1 The Scottish Ministers may by regulations make provision for or about the moving, from a position on a road to another position on the road or on another road, of a motor vehicle which is parked in contravention of—
a the pavement parking prohibition,
b the double parking prohibition, or
c the dropped footway parking prohibition.
2 Regulations under subsection (1) may, in particular, make provision for or about—
a notification of the moving of a motor vehicle,
b charges that may be imposed in connection with the moving of a motor vehicle,
c reviews and appeals (including grounds of review or appeal) in connection with the moving of a motor vehicle.
3 Before making regulations under subsection (1), the Scottish Ministers must consult—
a such persons or organisations as appear to them to be representative of drivers and other road users, and
b such other persons as they consider appropriate.

I10863 Disposal of removed motor vehicles

1 The Scottish Ministers may by regulations make provision for or about the disposal of a motor vehicle which has been removed from a road pursuant to regulations under section 61(1).
2 Regulations under subsection (1) may, in particular, make provision for or about—
a the procedure to be followed before a motor vehicle may be disposed of,
b the manner in which a motor vehicle may be disposed of,
c charges that may be imposed in connection with the disposal of a motor vehicle,
d the application of any proceeds of the disposal of a motor vehicle, including any deductions from such proceeds,
e reviews and appeals (including grounds of review or appeal) in connection with the disposal of a motor vehicle,
f the effect of the disposal of a motor vehicle on any right of the Crown (based on the Crown's right of ownership in lost or abandoned property) in such a vehicle.
3 Before making regulations under subsection (1), the Scottish Ministers must consult—
a such persons or organisations as appear to them to be representative of drivers and other road users, and
b such other persons as they consider appropriate.

Arrangements in connection with enforcement

I10964 Arrangements in connection with enforcement

A local authority may enter into arrangements with any person for the exercise by that person of any function conferred on the local authority by or under section 58(2), 59(1), 61(1), 62(1) or 63(1).

Information sharing

I11065 Power to share information

1 A local authority may, in the circumstances mentioned in subsection (2), disclose relevant information to—
a the Secretary of State,
b a source specified in regulations made by the Scottish Ministers,
c the local authority's enforcement agent.
2 The circumstances are that disclosure of the relevant information is—
a necessary to enable the local authority or enforcement agent to perform a function conferred by virtue of this Part, or
b otherwise necessary for or in connection with the enforcement of any of the parking prohibitions.
3 Where relevant information is disclosed to an enforcement agent—
a the agent may only use the information, or subsequently disclose it to any other person, as is necessary for or in connection with the enforcement of any of the parking prohibitions, and
b any other person to whom the information is subsequently disclosed may only use it for the same purpose.
4 In this section, “relevant information” means—
a in relation to disclosure under subsection (1)(a) or (b)—
i the make and model of a vehicle alleged by a local authority (or its enforcement agent) to have parked in contravention of any of the parking prohibitions,
ii details of which of those prohibitions is alleged to have been contravened,
iii the registration mark of that vehicle (assigned under section 23 of the Vehicle Excise and Registration Act 1994),
iv the date on which the alleged contravention took place,
b in relation to disclosure under subsection (1)(c)—
i the information mentioned in sub-paragraphs (i) to (iv) of paragraph (a),
ii the name and address of the registered keeper of the vehicle alleged by a local authority (or its enforcement agent) to have parked in contravention of any of the parking prohibitions,
iii the location where the vehicle is alleged to have parked in contravention of any of the parking prohibitions,
iv any record of an alleged contravention of any of the parking prohibitions produced by an approved device,
v any information or representations provided to the local authority by or on behalf of the registered keeper of a vehicle in connection with any review or appeal made by virtue of regulations made under section 59(1).
5 For the purposes of this section—
a an “enforcement agent” is a person with whom the local authority has entered into arrangements by virtue of section 64,
b the “parking prohibitions” are the pavement parking prohibition, the double parking prohibition and the dropped footway parking prohibition.
6 Nothing in this section authorises a disclosure of any information that would be in contravention of the Data Protection Act 2018.

Accounts

I8666 Accounts

The Scottish Ministers may by regulations make provision for or about—
a the keeping of accounts by local authorities in connection with their functions under this Part,
b the purposes for which a surplus in such an account may be applied, and
c the publication of a statement of account, and the manner in which it must be published.

Ministerial directions and guidance

I3867 Ministerial directions

1 The Scottish Ministers may direct local authorities in connection with the exercise of their functions under this Part.
2 A direction under subsection (1) may, in particular—
a specify assessments to be carried out in connection with the making of exemption orders,
b make provision relating to uniforms to be worn by authorised enforcement officers,
c specify information to be published by local authorities in connection with this Part.
3 A direction under subsection (1)—
a may be general or relate to a particular function or local authority,
b may be given to—
i each local authority,
ii a particular local authority in relation to the whole or part of the area of the local authority,
iii local authorities of a particular description,
c must—
i be in writing,
ii be published in such manner as the Scottish Ministers consider appropriate as soon as reasonably practicable after it is given.
4 The Scottish Ministers may revise or revoke a direction under subsection (1).
5 The Scottish Ministers may, in particular, revise a direction under subsection (1) which is given to each local authority so that it—
a ceases to apply to—
i a particular local authority in relation to the whole or part of the area of the local authority,
ii local authorities of a particular description,
b applies with modifications to—
i a particular local authority in relation to the whole or part of the area of the local authority,
ii local authorities of a particular description.
6 Subsection (3)(c) applies to the revision or revocation of a direction under subsection (1) as it applies to such a direction.
7 In subsection (2)(b), “authorised enforcement officers” has the meaning given by section 58(6).

I3968 Ministerial guidance

1 The Scottish Ministers may, following consultation with such persons as they consider appropriate, issue written guidance in relation to the exercise of functions conferred on a local authority (whether as a local authority or as a traffic authority) by virtue of this Part.
2 A local authority must have regard to any written guidance given by the Scottish Ministers about the exercise of functions conferred on it (whether as a local authority or as a traffic authority) by virtue of this Part.
3 The Scottish Ministers must publish any such guidance in such manner as they consider appropriate as soon as reasonably practicable after it is given.

Interpretation of Part 6

I11169 Interpretation of Part 6

In this Part—
  • “double parking prohibition” has the meaning given by section 54(1),
  • “dropped footway parking prohibition” has the meaning given by section 56(2),
  • “exemption order” has the meaning given by section 51(1),
  • “footway” has the meaning given by section 50(4),
  • “motor vehicle”—
    1. in relation to the pavement parking prohibition, has the meaning given by section 50(4),
    2. in relation to the double parking prohibition and the dropped footway parking prohibition, has the meaning given by section 54(5),
  • “pavement” has the meaning given by section 50(4),
  • “pavement parking prohibition” has the meaning given by section 50(1),
  • “road” has the meaning given by section 151(1) of the Roads (Scotland) Act 1984,
  • “traffic authority” means, in relation to a footway, the body which has the function of making traffic regulation orders under section 1 of the Road Traffic Regulation Act 1984.

PART 7  Workplace parking

Workplace parking licensing schemes

I4470 Workplace parking licensing schemes

1 A workplace parking licensing scheme is a scheme under which a local authority may—
a require a person to hold a licence in order to provide workplace parking places (see section 71) at premises in the area to which the scheme relates, and
b charge for such a licence on the basis of the number of places specified in the licence.
2 A workplace parking licensing scheme must specify—
a the area of the local authority to which the scheme relates, which must be specified by reference to an area on a map (the “licensing area”),
b the date on which the scheme comes into effect,
c the period during which the scheme is to remain in force (or that it is to continue indefinitely),
d the days on which, and hours during which, a licence is required,
e the charges payable on licences (expressed as a specified sum of money for each workplace parking place provided),
f any persons, premises or motor vehicles (or descriptions of such persons, premises or motor vehicles) that are exempt from the scheme or from paying charges under it (see sections 78 and 79), and
g arrangements for the periodic review of the operation and effectiveness of the scheme including, in particular, how the outcome of a review is to be communicated to persons affected by it.
3 A workplace parking licensing scheme may make different provision for different purposes or different areas within the licensing area.

I4571 Workplace parking places

1 For the purposes of this Part, a workplace parking place is provided at any premises at any time if a parking place provided at the premises is at that time occupied by a motor vehicle used—
a by a relevant person,
b by a worker, agent, supplier, business customer or business visitor of a relevant person,
c by a person attending a course of education or training provided by a relevant person, or
d where a body whose affairs are controlled by its members is a relevant person, by a member of the body engaged in the carrying on of any business of the body,
for the purpose of attending a place at which the relevant person carries on business at, or in the vicinity of, the premises.
2 In this section “relevant person” means—
a the person who provides the parking place in question (“the provider”),
b any person with whom the provider has entered into arrangements to provide the parking place (whether or not for that person's own use), or
c any person who is associated with—
i the provider, or
ii a person within paragraph (b).
3 For the purpose of subsection (2)(c), any two persons are associated if—
a one is a company of which the other (directly or indirectly) has control, or
b both are companies of which a third person (directly or indirectly) has control.
4 For the purposes of this section—
  • “business” includes—
    1. any trade, profession, vocation or undertaking,
    2. the functions of any holder of a public office,
    3. the provision of any course of education or training, and
    4. the functions of, or any activities carried on by, the Scottish Administration, a Government department, a local authority or other statutory body,
  • “business customer”, in relation to a relevant person, means a client or customer of the relevant person who is attending at any premises occupied by the relevant person for the purposes of a business carried on by that client or customer,
  • “business visitor”, in relation to a relevant person, means an individual who—
    1. in the course of the individual's employment, or
    2. in the course of carrying on a business or for the purposes of a business carried on by the individual,
    is visiting the relevant person or any premises occupied by the relevant person,
  • “Government department” means a department of the Government of the United Kingdom,
  • “supplier”, in relation to a relevant person, means—
    1. a person supplying, or seeking to supply, goods or services to the relevant person for the purposes of a business carried on by the relevant person, or
    2. any agent or sub-contractor of such a person,
  • “worker” means an individual who has entered into, or works under—
    1. a contract of employment, or
    2. any other contract, whether express or implied and (if it is express) whether oral or in writing, under which the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual.
5 The Scottish Ministers may by regulations amend subsections (1) to (4) for the purpose of adding, removing or varying circumstances in which, for the purposes of this Part, a workplace parking place is provided.

Making and modifying schemes

I4672 Power to make and modify schemes

1 A local authority may (in accordance with this Part)—
a make a workplace parking licensing scheme for all or part of its area,
b amend or revoke a workplace parking licensing scheme made by it.
2 A workplace parking licensing scheme may be made only if—
a the local authority proposing to make the scheme has a local transport strategy, and
b it appears to the authority that the scheme will (directly or indirectly) facilitate the achievement of policies in its strategy.
3 Two or more local authorities may act jointly to make a workplace parking licensing scheme.
4 In those circumstances—
a they must continue to act jointly in relation to the scheme in all respects, and
b unless the context otherwise requires, a reference in this Part to—
i a local authority, in relation to a workplace parking licensing scheme or to a proposed scheme, is a reference to the authorities acting jointly,
ii the area of a local authority is a reference to the combined areas of those authorities, and
iii the local transport strategy of a local authority is a reference to the local transport strategy of each local authority.

I4773 Prior consultation and impact assessment

1 Before making, amending or revoking a workplace parking licensing scheme, a local authority must—
a prepare and publish—
i an outline of the proposed scheme, the scheme as it is proposed to be amended or (as the case may be) notice of the proposed revocation of the scheme (“the proposal”),
ii a statement about the objectives of the proposal, and
iii an assessment of the impacts of the proposal,
b consult such persons as the authority considers appropriate in relation to the proposal (including, in particular, persons that the authority has identified as likely to be affected by the proposal), and
c prepare and publish a report which—
i summarises the consultation responses received,
ii states whether or not the authority intends to proceed with the proposal (or the proposal as modified in light of the consultation), and
iii sets out the authority's reasons for whether or not it intends to proceed.
2 For the purpose of subsection (1)(a)(i), an outline of the proposed scheme must include the proposed—
a licensing area,
b period during which the scheme is to remain in force (or that it is to continue indefinitely),
c charges payable on licences (expressed as a specified sum of money for each workplace parking place provided),
d persons, premises or motor vehicles (or descriptions of such persons, premises or motor vehicles) that are to be exempt from the scheme or from paying charges under it (see sections 78 and 79).
3 For the purpose of subsection (1)(a)(ii), the statement must set out—
a the objectives that the local authority intends the proposal to achieve,
b its assessment of how (or the extent to which) the proposal will—
i achieve those objectives, and
ii facilitate (directly or indirectly) the achievement of policies in its local transport strategy, and
c how it intends to apply any net proceeds of the scheme (see section 81).
4 For the purpose of subsection (1)(a)(iii), the assessment must, in particular, set out what the local authority considers to be the likely effects of the proposal on—
a persons who may have to pay charges under (or as a result of) the scheme, and
b the environment.
5 A local authority may not make, amend or (as the case may be) revoke the scheme in accordance with the proposal (or the proposal as modified) until a period of 8 weeks beginning with the date on which it published its report under subsection (1)(c) has elapsed.

I4874 Scottish Ministers' power to regulate process

The Scottish Ministers may by regulations, following consultation with such persons as they consider appropriate, make provision about the procedures in relation to making, amending and revoking workplace parking licensing schemes including, in particular, provision—
a specifying the form of a scheme, or any amendment or revocation of it,
b about consultation on proposals (including the publication of proposals and the making and consideration of representations),
c about the publication of notice of the making, amendment or revocation of a scheme and their effect,
d about reviews of, and appeals against, decisions in relation to schemes.

I4975 Examination of proposals

1 This section applies where a local authority proposes to make, amend or revoke a workplace parking licensing scheme.
2 Either—
a the local authority making the proposal, or
b the Scottish Ministers,
may (if it or they consider it appropriate) appoint a person (“the reporter”) to carry out an examination of, and prepare a report on, the proposal or any aspect of it.
3 The reporter may carry out an examination in such manner as the reporter considers appropriate and may, in particular, do so by means of—
a consideration of written representations only,
b conducting a hearing at which a person who has made representations in respect of the proposal may be given an opportunity to appear and be heard, or
c holding an inquiry into the proposal.
4 Subsections (3) to (5) of section 210 of the Local Government (Scotland) Act 1973 (provisions relating to local inquiries) apply in relation to a hearing or inquiry under subsection (3) of this section as they apply in relation to an inquiry under that Act.
5 Where an examination is to be carried out, the local authority may not proceed with the proposal until the examination has been completed.
6 The Scottish Ministers may by regulations make further provision in relation to examinations to be carried out under this section.
7 Without limit to that generality, such regulations may make provision—
a about who may be appointed to carry out an examination under this section,
b about the procedure for examinations under this section and, in particular, in relation to—
i any representations which are (or are not) to be taken into account,
ii who may appear at a hearing or inquiry,
iii the procedure for the conduct of any hearing or inquiry,
iv things which must be done in preparation for, or following, a hearing or inquiry,
c in relation to the financial aspects of an examination and, in particular, about the payment of remuneration, costs and expenses,
d in relation to the report to be prepared including, in particular, its form, content and publication.

Workplace parking licences

I5076 Licence applications and processes

1 A workplace parking licensing scheme may include provision for or in connection with—
a applications for a workplace parking licence,
b granting, issuing and renewing a licence,
c imposing conditions on a licence,
d the standard duration of a licence,
e varying or revoking a licence,
f suspending the requirement to hold a licence for a period (and reimbursing charges for such a period).
2 Provision under subsection (1)(b) may include the granting of short-term workplace parking licences in special circumstances specified in, or determined in accordance with, the scheme.
3 In connection with the granting of a short-term workplace parking licence, a workplace parking licensing scheme may include provision conferring a discretion on any person.
4 The duration of a short-term workplace parking licence (or the total duration of a series of such licences) may not exceed 12 months.
5 The Scottish Ministers may by regulations, following consultation with such persons as they consider appropriate, make, or require or permit workplace parking schemes to include, provision about reviews of, and appeals against, decisions in relation to workplace parking licences.
6 A person commits an offence if the person intentionally provides false or misleading information in or in connection with an application in respect of a workplace parking licence.
7 A person guilty of an offence under subsection (6) is liable on—
a summary conviction, to a fine not exceeding the statutory maximum, or
b conviction on indictment, to a fine.

I5177 Content of licences

1 A workplace parking licence must—
a state the name of the person to whom it is granted,
b specify the duration of the licence,
c identify the premises to which it relates,
d specify the maximum number of motor vehicles which may be parked at those premises at any one time, and
e state the amount of the charge paid on the licence and set out the calculation of that amount.
2 A workplace parking licence may include such other information in relation to the workplace parking licensing scheme or licensing processes as the local authority considers appropriate.

Exemptions

I5278 Exemptions etc.

1 A workplace parking licensing scheme must provide for the exemptions described in section 79.
2 A workplace parking licensing scheme may otherwise provide for—
a specific premises, or premises of a specified description,
b premises with a specified number of parking places (or fewer), or
c descriptions of persons or motor vehicles (including descriptions by reference to any parking places provided for the exclusive use of such persons or motor vehicles),
to be exempt from the scheme or from paying charges under the scheme.
3 The same premises must not be subject to more than one workplace parking licensing scheme at the same time.
4 The Scottish Ministers may by regulations, following consultation with such persons as they consider appropriate, make further provision in relation to exemptions, including by—
a exempting from workplace parking licensing schemes (or requiring schemes to exempt) such premises, persons or vehicles (or descriptions of premises, persons or vehicles) as may be specified in the regulations, and
b prohibiting the exemption from schemes of premises, persons or vehicles of such descriptions as may be specified in the regulations.

I5379 National exemptions

1 The following workplace parking places are to be exempt from charges under a workplace parking licensing scheme—
a places for the exclusive use of persons using motor vehicles displaying a badge issued—
i under section 21 of the Chronically Sick and Disabled Persons Act 1970,
ii under a provision of the law of Northern Ireland corresponding to that section, or
iii by a member state of the EU for purposes corresponding to the purposes of that section,
b subject to subsection (2)(b), places at qualifying NHS premises, and
c places at hospices (that is, premises used for the purpose of caring for the dying or incurably ill).
2 A workplace parking licensing scheme may—
a require premises with workplace parking places mentioned in subsection (1) to hold a workplace parking licence in respect of the places, and
b specify that workplace parking places at qualifying NHS premises that are provided for persons who do not provide services for the health service within the meaning of section 108(1) of the National Health Service (Scotland) Act 1978 (“the 1978 Act”) are not to be exempt from charges under a workplace parking licensing scheme.
3 In this section, “qualifying NHS premises” means—
a a health service hospital within the meaning of section 108(1) of the 1978 Act or a state hospital within the meaning of section 102(2) of that Act,
b any other premises occupied by a Health Board or Special Health Board constituted under section 2(1) of the 1978 Act,
c premises that are (or such part of premises as is) used wholly or mainly for the provision of primary medical services as construed in accordance with section 2C(5) of the 1978 Act, and
d such other similar premises as the Scottish Ministers may specify under section 78(4).

Financial provisions

I5480 Charges

1 The charges imposed in respect of any premises by a workplace parking licensing scheme must be paid—
a by the occupier of the premises, or
b in such circumstances as the Scottish Ministers may by regulations, following consultation with such persons as they consider appropriate, specify, by such other person as may be specified.
2 The charges that may be imposed by a workplace parking licensing scheme may include different charges (or no charge) for different cases, including (in particular)—
a different days,
b different times of day,
c different parts of the licensing area,
d different descriptions of persons,
e different descriptions of premises, including different numbers of workplace parking places provided at a licensed premises, and
f different classes of motor vehicles.
3 In setting the charges imposed by a workplace parking licensing scheme, a local authority must have regard to the purposes for which the authority is to apply any of the net proceeds of the scheme (see section 81).

I5581 Application of net proceeds of workplace parking licensing schemes

1 A local authority (the authority) may apply the net proceeds of a workplace parking licensing scheme (or, in a case where the authority is acting jointly with another local authority or authorities, the authority's share of the net proceeds) only for purposes of facilitating the achievement of—
a policies in the authority's local transport strategy, or
b in the case of a joint scheme, the policies in the local transport strategy of a local authority with whom the authority is acting jointly.
2 Before applying any share of net proceeds under subsection (1)(b), the authority must be satisfied that doing so will benefit some part of its area.
3 In this Part, “net proceeds” means the amount of money (if any) by which the gross amount received under the workplace parking licensing scheme for a financial year exceeds the expenses of operating the scheme for the financial year.

I5682 Accounts

1 The Scottish Ministers may by regulations make provision for or about the keeping of accounts by local authorities in connection with the exercise of functions under this Part.
2 Regulations under subsection (1) may, in particular—
a specify the form and content of accounts,
b require the publication of accounts, and specify the manner in which they must be published,
c make provision for how accounts are to be prepared and kept where two or more authorities are acting jointly in respect of a workplace parking licensing scheme.

Enforcement

I5783 Penalty charges

1 The Scottish Ministers may by regulations, following consultation with such persons as they consider appropriate, make provision for or in connection with—
a the imposition of charges (“penalty charges”) in respect of acts, omissions, events or circumstances relating to, or connected with, workplace parking licensing schemes, and
b the notification, payment, adjudication and enforcement of penalty charges.
2 Penalty charges in respect of any premises must be paid by—
a the occupier of the premises, or
b in such circumstances as may be specified, such other person as may be specified.
3 Without limit to the generality of subsection (1), regulations made under it—
a may make, or may permit or require workplace parking licensing schemes to include, provision—
i about the imposition of penalty charges in specified circumstances,
ii about the timing and manner of payment of penalty charges,
iii specifying the amount of penalty charges, including any reduced penalty charges or increased penalty charges and the circumstances in which such reduced or increased penalty charges are payable,
iv about reviews of, and appeals against, decisions in relation to penalty charges,
v about the cancellation of penalty charges,
b may make provision—
i requiring local authorities to serve a notice of a penalty charge on any person it believes to be liable to pay such a charge,
ii about the form and content of such a notice,
iii about the way that compliance with such a notice may be enforced.
4 In this section “specified” means specified in regulations made under subsection (1).

I5884 Evidence from approved devices

The Scottish Ministers may by regulations make provision for or in connection with permitting evidence of a fact relevant to proceedings for an offence under this Part, or proceedings in respect of a failure to comply with the provisions of a workplace parking licensing scheme, to be given by production of—
a a record produced by a device specified in, or approved in accordance with, the regulations, and
b a certificate (whether in the same or another document) as to the circumstances in which the record was produced authenticated in a manner specified in the regulations.

I5985 Enforcement powers

1 An authorised person may—
a enter any premises in the licensing area of a workplace parking licensing scheme (other than any premises that is used as a dwelling),
b require the production of information relating to the requirement to hold a licence under a scheme, and specify the form in which the information is to be produced,
c take copies of, or take possession of, information (in whatever form) which relates to the requirement to hold a licence under a scheme and retain if for as long as the authorised person considers necessary.
2 The powers in subsection (1) may be exercised only for the purposes of—
a establishing if workplace parking places are being provided at the premises either—
i without a licence, or
ii without a licence in respect of all of the places being provided,
b establishing if there is, or has been, any contravention of the conditions of a licence in respect of the premises,
c serving notice of a penalty charge.
3 In this section and sections 86 and 87, “authorised person” means a person who is authorised by a local authority to exercise functions under this section in respect of a workplace parking licensing scheme made by it.

I6086 Enforcement powers: warrants

1 This section applies to the powers conferred by section 85(1).
2 A sheriff may grant a warrant under this subsection only if the sheriff is satisfied, by evidence on oath—
a that there are reasonable grounds for entering premises for a purpose specified in section 85(2), and
b that—
i entry to the premises has been refused,
ii such a refusal is reasonably expected,
iii the premises are unoccupied, or
iv the occupier is temporarily absent.
3 A warrant authorises an authorised person—
a to enter the premises,
b to exercise any other power conferred by section 85(1), and
c if necessary, to use reasonable force in doing so.
4 A warrant expires—
a 28 days after the day on which the warrant was granted, or
b if earlier, when any period as is specified in it for the purpose for which it was granted expires.

I6187 Enforcement powers: further provision

1 This section applies to the powers conferred by section 85(1) (whether exercised by virtue of that section or under a warrant granted under section 86).
2 The power of entry may be exercised only at a reasonable time of day.
3 An authorised person seeking to exercise a power must, on request, produce evidence of the person's identity and authorisation before exercising the power.
4 An authorised person may take on to the premises such other persons, and such materials and equipment, as the authorised person considers necessary.
5 If an authorised person enters the premises by virtue of a warrant, the authorised person must, if taking possession of anything under section 85(1)(c), leave a statement on the premises giving particulars of what has been taken and by whom.
6 On leaving any premises which an authorised person is authorised to enter under a warrant, the person must, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against entry as the person found them.
7 A person commits an offence if the person—
a without reasonable excuse, fails to comply with a requirement of an authorised person, or
b intentionally obstructs an authorised person in the exercise of a power conferred by section 85(1).
8 A person who commits an offence under subsection (7) is liable—
a on summary conviction, to a fine not exceeding the statutory maximum, and
b on conviction on indictment, to a fine.

I6288 Power of entry: Crown land

1 The power of entry conferred under section 85(1)(a) is exercisable in relation to Crown land specified in column 1 of the following table only with the consent of the person specified in the corresponding entry in column 2 of the table (the “appropriate authority”).
Crown landAppropriate authority
Land an interest in which belongs to Her Majesty in right of the Crown and which forms part of the Crown Estate (that is, the property, rights and interests under the management of the Crown Estate Commissioners)The Crown Estate Commissioners
Land an interest in which belongs to Her Majesty in right of the Crown and which forms part of the Scottish Crown EstateThe person managing the land
Land an interest in which belongs to Her Majesty in right of the Crown other than land forming part of the Crown Estate or the Scottish Crown EstateThe office-holder in the Scottish Administration or, as the case may be, the Government department managing the land
Land an interest in which belongs to Her Majesty in right of Her private estatesThe person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers
Land an interest in which belongs to an office-holder in the Scottish AdministrationThe office-holder in the Scottish Administration
Land an interest in which belongs to a Government departmentThe Government department
Land an interest in which is held in trust for Her Majesty by an office-holder in the Scottish Administration for the purposes of the Scottish AdministrationThe office-holder in the Scottish Administration
Land an interest in which is held in trust for Her Majesty for the purposes of a Government departmentThe Government department
2 In subsection (1)—
a the reference to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862,
b “Government department” means a department of the Government of the United Kingdom,
c “Scottish Crown Estate” means the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies.
3 It is for the Scottish Ministers to determine any question that arises as to who in accordance with subsection (1) is the appropriate authority in relation to any land, and their decision is final.

I6389 Interpretation of Part

In this Part—
  • “licence” means a licence under a workplace parking licensing scheme,
  • “licensing area” is to be construed in accordance with section 70(2),
  • “local transport strategy”, in relation to a local authority, means a strategy prepared by a local transport authority or a local traffic authority, that relates to transport in the local authority's area,
  • “motor vehicle” means a motor vehicle within the meaning of section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of that Act,
  • “net proceeds” has the meaning given in section 81,
  • “penalty charge” is to be construed in accordance with section 83(1),
  • “workplace parking licensing scheme” is to be construed in accordance with section 70(1),
  • “workplace parking place” is to be construed in accordance with section 71.

PART 8  Recovery of unpaid parking charges

Application

90 Application of Part

1 This Part applies where—
a the driver of a vehicle is required by virtue of a relevant obligation to pay parking charges in respect of the parking of the vehicle on relevant land, and
b those charges have not been paid in full.
2 It is immaterial for the purposes of this Part whether or not the vehicle was permitted to be parked (or to remain parked) on the land.

Key concepts

91 Meaning of “relevant obligation”

In this Part, “relevant obligation” means—
a an obligation arising under the terms of a relevant contract, or
b an obligation arising, in circumstances in which there is no relevant contract, as a result of a trespass or other delict committed by parking the vehicle on the relevant land.

92 Meaning of “parking charge”

1 In this Part, “parking charge” means—
a in the case of a relevant obligation arising under the terms of a relevant contract, a sum in the nature of a fee or charge,
b in the case of a relevant obligation arising as a result of a trespass or other delict, a sum in the nature of damages,
however the sum in question is described.
2 The reference to a sum in the nature of damages is to a sum of which adequate notice was given to drivers of vehicles (when the vehicle was parked on the relevant land).
3 For the purposes of subsection (2), “adequate notice” means notice given by—
a the display of one or more notices in accordance with any applicable requirements prescribed in regulations under section 103 for, or for purposes including, the purposes of subsection (2), or
b where no such requirements apply, the display of one or more notices which—
i specify the sum as the charge for unauthorised parking, and
ii are adequate to bring the charge to the notice of drivers who park vehicles on the relevant land.

93 Meaning of “relevant contract”

In this Part, “relevant contract” means a contract (including a contract arising only when the vehicle was parked on the relevant land) between the driver and a person who is—
a the owner or occupier of the land, or
b authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land.

94 Meaning of “relevant land”

1 In this Part, “relevant land” means any land (including land above or below ground level) other than—
a a public road within the meaning of section 151(1) of the Roads (Scotland) Act 1984,
b a parking place which is provided or controlled by the Secretary of State, the Scottish Ministers or a local authority,
c any land, not falling within paragraph (a) or (b), on which the parking of a vehicle is subject to statutory control.
2 In subsection (1)(b), “parking place” has the meaning given by section 32(4)(b) of the Road Traffic Regulation Act 1984.
3 For the purposes of subsection (1)(c), the parking of a vehicle on land is “subject to statutory control” if any enactment imposes a liability (whether criminal or civil, and whether in the form of a fee or charge or a penalty of any kind) in respect of the parking on that land of vehicles generally or of vehicles of a description that includes the vehicle in question.

Right to recover unpaid charges from keeper of vehicle

95 Right in certain circumstances to recover from keeper of vehicle

1 The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.
2 The right under this section applies only if—
a the conditions specified in sections 96, 97, 102 and 103 (so far as applicable) are met, and
b the vehicle was not a stolen vehicle at the beginning of the period of parking to which the unpaid parking charges relate.
3 For the purposes of the condition in subsection (2)(b), the vehicle is to be presumed not to be a stolen vehicle at the material time, unless the contrary is proved.
4 The right under this section may only be exercised after the end of the period of 28 days beginning with the day on which the notice to keeper is given.
5 The Scottish Ministers may by regulations prescribe a description of an amount as the maximum that may be recovered from a keeper by virtue of the right conferred by this section.
6 Nothing in this section affects any other remedy the creditor may have against the keeper of the vehicle or any other person in respect of any unpaid parking charges (but this is not to be read as permitting double recovery).
7 The right under this section is subject to section 104 (which provides for the right not to apply in certain circumstances in the case of a hire vehicle).

96 First condition: lack of knowledge of driver's name and address

1 The first condition for the purposes of section 95 is that the creditor—
a has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges, but
b is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and an address at which the driver for the time being resides or can conveniently be contacted.
2 Subsection (1)(b) ceases to apply if, at any time after the end of the period of 28 days beginning with the day on which the notice to keeper is given, the creditor begins proceedings to recover the unpaid parking charges from the keeper.

97 Second condition: giving of notices to driver and keeper

1 The second condition for the purposes of section 95 is that the creditor (or a person acting for or on behalf of the creditor)—
a has given a notice to driver in accordance with section 98, followed by a notice to keeper in accordance with section 99, or
b has given a notice to keeper in accordance with section 100.
2 If a notice to driver has been given, any subsequent notice to keeper must be given in accordance with section 99.

98 Giving of notice to driver

1 A notice which is to be relied on as a notice to driver for the purposes of section 97(1)(a) is given in accordance with this section if the following requirements are met.
2 The notice contains such information as the Scottish Ministers may by regulations prescribe.
3 The notice relates only to a single period of parking (but this does not prevent the giving of separate notices each specifying different parts of a single period of parking).
4 The notice is given—
a before the vehicle is removed from the relevant land after the end of the period of parking to which the notice relates, and
b while the vehicle is stationary,
by affixing it to the vehicle or by handing it to the person appearing to be in charge of the vehicle.

99 Giving of notice to keeper following giving notice to driver

1 A notice which is to be relied on as a notice to keeper for the purposes of section 97(1)(a) is given in accordance with this section if the following requirements are met.
2 The notice contains such information as the Scottish Ministers may by regulations prescribe.
3 The notice relates only to a single period of parking (but this does not prevent the giving of separate notices each specifying different parts of a single period of parking).
4 The notice is given to the keeper, by such means as the Scottish Ministers may by regulations prescribe, within the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.
5 When it is given, the notice is accompanied by any evidence prescribed under section 101.

100 Giving of notice to keeper without giving notice to driver

1 A notice which is to be relied on as a notice to keeper for the purposes of section 97(1)(b) is given in accordance with this section if the following requirements are met.
2 The notice contains such information as the Scottish Ministers may by regulations prescribe.
3 The notice relates only to a single period of parking (but this does not prevent the giving of separate notices each specifying different parts of a single period of parking).
4 The notice is given to the keeper, by such means as the Scottish Ministers may by regulations prescribe, within the period of 14 days beginning with the day after that on which the period of parking to which the notice relates ended.
5 When it is given, the notice is accompanied by any evidence prescribed under section 101.

101 Notices to keeper: accompanying evidence

1 The Scottish Ministers may by regulations prescribe evidence which must accompany a notice which is to be relied on as a notice to keeper for the purposes of section 97(1)(a) or section 97(1)(b) (as the case may be).
2 The regulations may, in particular, make provision as to—
a the means by which any prescribed evidence is to be generated or otherwise produced (which may include a requirement to use equipment of a kind approved for the purpose by a person specified in the regulations), or
b the circumstances in which any evidence is, or is not, required to accompany a notice to keeper.

102 Third condition: keeper's details obtained from Secretary of State

1 The third condition for the purposes of section 95 is that—
a the creditor (or a person acting for or on behalf of the creditor) has made an application for the keeper's details in relation to the period of parking to which the unpaid parking charges relate,
b the application was made during the period mentioned in section 99(4) (where notice to the driver has been given) or 100(4) (where no notice to the driver has been given), and
c the information sought by the application is provided by the Secretary of State to the applicant.
2 The third condition applies only if the vehicle is a registered vehicle.
3 In subsection (1)(a), “application for the keeper's details” means an application for the following information to be provided to the applicant by virtue of regulations made under section 22(1)(c) of the Vehicle Excise and Registration Act 1994—
a the name of the registered keeper of the vehicle during the period of parking to which the unpaid parking charges relate, and
b the address of that person as it appears on the register (or, if that person has ceased to be the registered keeper, as it last appeared on the register).

103 Fourth condition: display of notices on relevant land

1 The fourth condition for the purposes of section 95 is that any applicable requirements prescribed under this section were met as regards the relevant land at the beginning of the period of parking to which the unpaid parking charges relate.
2 The Scottish Ministers may by regulations prescribe requirements as to the display of notices in relevant land where parking charges may be incurred in respect of the parking of vehicles on the land.
3 The provision made under subsection (2) may, in particular, include provision—
a requiring notices of more than one kind to be displayed on relevant land,
b as to the content or form of any notices required to be displayed,
c as to the location of the notices required to be displayed.

Hire vehicles

104 No right to recover from vehicle-hire firm

1 This section applies in the case of parking charges incurred in respect of the parking of a vehicle on relevant land if—
a the vehicle was at the time of parking hired to any person under a hire agreement with a vehicle-hire firm, and
b the keeper has been given a notice to keeper within the period mentioned in section 99(4) or 100(4) (as the case may be).
2 The creditor may not exercise the right under section 95 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given—
a a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement,
b a copy of the hire agreement, and
c a copy of a statement of liability signed by the hirer under that hire agreement.
3 The statement of liability required by subsection (2)(c) must—
a contain a statement by the hirer to the effect that the hirer acknowledges responsibility for any parking charges that may be incurred with respect to the vehicle while it is hired to the hirer,
b include an address given by the hirer (whether a residential, business or other address) as one at which documents may be given to the hirer,
(and it is immaterial whether the statement mentioned in paragraph (a) relates also to other charges or penalties of any kind).
4 A statement required by subsection (2)(a) or (c) must be in such form as the Scottish Ministers may by regulations prescribe.
5 The giving of documents referred to in subsection (2) must be by such means as the Scottish Ministers may by regulations prescribe.
6 In this section—
a “hire agreement” means an agreement which—
i provides for a vehicle to be let to a person (“the hirer”) for a period of any duration (whether or not the period is capable of extension by agreement between the parties), and
ii is not a hire-purchase agreement within the meaning of the Consumer Credit Act 1974,
b any reference to the currency of a hire agreement includes a reference to any period during which, with the consent of the vehicle-hire firm, the hirer continues in possession of the vehicle as hirer, after the expiry of any period specified in the agreement but otherwise on terms and conditions specified in it, and
c “vehicle-hire firm” means any person engaged in the hiring of vehicles in the course of a business.

105 Right to recover from hirer

1 If—
a the creditor is by virtue of section 104(2) unable to exercise the right to recover from the keeper any unpaid parking charges mentioned in the notice to keeper, and
b the conditions mentioned in subsection (2) are met,
the creditor may recover those charges (so far as they remain unpaid) from the hirer.
2 The conditions are that—
a the creditor has within the relevant period given the hirer a notice in accordance with subsection (5) (a “notice to hirer”), together with a copy of the documents mentioned in section 104(2) and the notice to keeper,
b a period of 21 days beginning with the day on which the notice to hirer was given has elapsed, and
c the vehicle was not a stolen vehicle at the beginning of the period of parking to which the unpaid parking charges relate.
3 In subsection (2)(a), “the relevant period” is the period of 21 days beginning with the day after that on which the documents required by section 104(2) are given to the creditor.
4 For the purposes of subsection (2)(c) a vehicle is presumed not to be a stolen vehicle at the material time, unless the contrary is proved.
5 The notice to hirer must contain such information as the Scottish Ministers may by regulations prescribe.
6 The giving of documents referred to in subsection (2)(a) must be by such means as the Scottish Ministers may by regulations prescribe.
7 In this section, “the hirer” means the person who is the hirer in relation to the vehicle as referred to in section 104.

Military vehicles

106 Military vehicles

This Part does not apply in relation to a vehicle that—
a at the relevant time is used or appropriated for use for naval, military or air force purposes, or
b belongs to any visiting forces (within the meaning of the Visiting Forces Act 1952) or is at the relevant time used or appropriated for use by such forces.

General

107 Power to modify Part

1 The Scottish Ministers may by regulations modify this Part for the purpose of—
a amending the definition of “relevant land” in section 94,
b adding to, removing or amending any of the conditions to which the right conferred by section 95 is for the time being subject.
2 The power to modify this Part for the purpose mentioned in subsection (1)(b) includes, in particular, power to add to, remove or amend—
a any provisions that are applicable for the purposes of a condition, and
b any powers of the Scottish Ministers to prescribe anything for the purposes of a condition by regulations.

108 Interpretation of Part

In this Part—
  • “the creditor” means the person who is for the time being entitled to recover unpaid parking charges from the driver of the vehicle,
  • “driver” includes, where more than one person is engaged in the driving of the vehicle, any person so engaged,
  • “keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper,
  • “notice to driver” means a notice given in accordance with section 98,
  • “notice to keeper” means a notice given in accordance with section 99 or 100 (as the case may be),
  • “registered address” means, in relation to the keeper of a registered vehicle, the address described in section 102(3)(b) (as provided by the Secretary of State in response to the application for the keeper's details required by section 102),
  • “registered keeper”, in relation to a registered vehicle, means the person in whose name the vehicle is registered,
  • “registered vehicle” means a vehicle which is for the time being registered under the Vehicle Excise and Registration Act 1994,
  • “vehicle” means a mechanically-propelled vehicle or a vehicle designed or adapted for towing by a mechanically-propelled vehicle.

PART 9  Road works

Scottish Road Works Commissioner: status and functions

I40109 Status of the Scottish Road Works Commissioner

1 The Transport (Scotland) Act 2005 is amended as follows.
2 In section 16 (creation, appointment, status and funding of Scottish Road Works Commissioner), after subsection (4) insert—
.

I114110 Inspection functions

1 The Transport (Scotland) Act 2005 is amended as follows.
2 After section 18 insert—
.
3 In section 52 (orders and regulations), in subsection (3)—
a after “above” insert “ or regulations under section 18F ”,
b after “draft of the order” insert “ (or, as the case may be, regulations) ”.
4 In paragraph 3 of schedule 2 (Scottish Road Works Commissioner: further provision)—
a the existing text becomes sub-paragraph (1), and
b after sub-paragraph (1), insert—
.

I115111 Compliance notices

1 The New Roads and Street Works Act 1991 is amended as follows.
2 After section 153 insert—
3 In section 163 (meaning of “prescribed” and regulations generally), after subsection (2) insert—
.

112 Fixed penalty notices

1 The New Roads and Street Works Act 1991 is amended as follows.
2 In schedule 6A (fixed penalty offences under Part 4), at the end of the table, insert—
.
3 In schedule 6B (fixed penalties for certain offences under Part 4)—
a in paragraph 1(1) for “An” substitute “ The Commissioner, an authorised member of the Commissioner's staff or an ”,
b after paragraph 1(1) insert—
,
c in paragraph 1(2)—
i the words after “Schedule” become paragraph (a),
ii after paragraph (a), insert—
,
d in paragraph 4—
i in sub-paragraph (1), after “subject to” insert “ sub-paragraph (1A) and ”,
ii after sub-paragraph (1), insert—
,
e in paragraph 5, before sub-paragraph (1) insert—
,
f in paragraph 7(4)(b) for “road works authority in whose area the offence was committed” substitute “ issuing authority ”,
g after paragraph 13, insert—
.
h in each of the following paragraphs, for each occurrence of the expression “road works authority” substitute “ issuing authority ”
i paragraph 3(3),
ii paragraph 4(3),
iii paragraph 6(3) and (5)(a),
iv paragraph 7(4)(a),
v paragraph 8(1), (2)(a) and (3),
vi paragraph 12(1) and (2).

I64113 Functions in relation to the Scottish Road Works Register

1 Section 112A of the New Roads and Street Works Act 1991 (the Scottish Road Works Register) is amended as follows.
2 For subsections (6) and (7) substitute—
.

Permission to execute works in a road

I65114 Permission to execute works in a road

1 In the Roads (Scotland) Act 1984, section 61 (granting of permission to place etc. apparatus under a road) is repealed.
2 In the New Roads and Street Works Act 1991, in section 109 (permission to execute road works), subsections (7) and (8) are repealed.

Safety measures for the carrying out of works in roads

I66115 Fencing and lighting of obstructions and excavations

1 The Roads (Scotland) Act 1984 is amended as follows.
2 In section 60 (fencing and lighting of obstructions and excavations)—
a in subsection (1), after “person” insert “ (other than a roads authority) ”,
b after subsection (3) insert—
,
c in subsection (4)—
i for “or (2)” substitute “ , (2) or (3A) ”,
ii for “either” substitute “ any ”.
3 After section 60 insert—
.
4 In schedule 8 (penalties for offences)—
a in respect of the entry for section 60(3) (paragraph 9 in column 1), in column 2, for “Level 3.” substitute “ Level 5. ”,
b in respect of the entry for section 60(4) (paragraph 10 in column 1), in column 2, for “Level 3.” substitute “ Level 5. ”.

I77116 Qualifications of supervisors and operatives

1 In the Roads (Scotland) Act 1984, after section 61A insert—
.
2 In the New Roads and Street Works Act 1991, in section 126 (qualifications of supervisors and operatives)—
a after subsection (1) insert—
,
b after subsection (2) insert—
,
c after subsection (2ZA) (inserted by this section) insert—
.

Commencement and completion notices

I78117 Commencement and completion notices

1 The New Roads and Street Works Act 1991 is amended as follows.
2 In section 112B (duty to enter information in the Scottish Road Works Register)—
a after subsection (2) insert—
,
b after subsection (5) insert—
,
c in subsection (6)—
i after “shall” insert “ , within such period as may be prescribed, ”,
ii after “completion” where it second occurs insert “ (including the date on which the works were completed) ”,
d after subsection (8) insert—
.
3 After section 114 insert—
.
4 In section 129 (duty of undertaker to reinstate)—
a in subsection (3), for the words from “before” to “completed” substitute “ within such period after the reinstatement is completed as may be prescribed ”,
b in subsection (4), after “so” insert “ within such period as may be prescribed ”,
c after subsection (5A) insert—
.

Reinstatement of roads following works

I79I81118 Reinstatement quality plans

1 The New Roads and Street Works Act 1991 is amended as follows.
2 After section 130 insert—
.

Information about apparatus

I116119 Information about apparatus

1 The New Roads and Street Works Act 1991 is amended as follows.
2 For section 138 (records of location of apparatus) substitute—
.
3 In section 139 (duty to inform undertakers of apparatus)—
a for subsection (1) substitute—
,
b in subsection (2)(a), for the words from “note” to “prescribed)” substitute “ enter in the SRWR ”,
c in subsection (3), for “(1)” substitute “ (1B) ”, and
d in subsection (4), for “(1)” substitute “ (1B) ”.
4 The italic heading immediately preceding section 138 becomes “ Duties and liabilities with respect to apparatus ”.

PART 10  Miscellaneous and general

Health boards: duty to have regard to community benefit in non-emergency patient transport contracts

I88120 Health boards: duty to have regard to community benefit in non-emergency patient transport contracts

Before entering into a contract for the provision of non-emergency patient transport services, each health board must have regard to the extent to which the contract will improve the economic, social or environmental wellbeing of the board's area in a way additional to the main purpose of the contract in which the requirement is included.

Health boards: duty to work with community transport bodies

I89121 Health boards: duty to work with community transport bodies

1 In providing non-emergency patient transport services, each health board must work with bodies which provide community transport services in its area.
2 But nothing in subsection (1) requires a body which provides community transport services in its area to undertake work for which it does not have the capacity.
3 As soon as reasonably practicable after the end of each financial year, each health board must publish a report setting out—
a the steps it has taken to comply with the duty in subsection (1),
b its position on the extent to which non-emergency patient transport services in its area have been—
i effective, and
ii cost effective,
c any further action it proposes to take to comply with the duty in subsection (1).
4 A report under subsection (3) may be published in such manner as the board considers appropriate.
5 In this section, “community transport services” means—
a community bus services within the meaning of section 22(1) of the Transport Act 1985, and
b such other transport services or descriptions of transport services which are provided—
i by a body concerned for the social and welfare needs of one or more communities, and
ii without a view to profit by that body or anybody else,
as the Scottish Ministers may by regulations specify.

Regional Transport Partnerships: finance

122 Regional Transport Partnerships: finance

1 Section 3 of the Transport (Scotland) Act 2005 (regional Transport Partnerships: funding and borrowing) is amended as follows—
I7a in subsection (4)—
i after “its” insert “estimated”,
ii after “year” where it second occurs insert “, and of any outstanding expenses from the financial year previous to that year,”,
iii the “or” immediately following paragraph (b) is repealed,
iv after paragraph (c) insert—
,
I8b after subsection (4) insert—
.
I72 Paragraph 28 of schedule 3 of the Local Government (Scotland) Act 1975 (application of schedule to other bodies) is amended as follows—
a in sub-paragraph (1), for “and the Strathclyde Passenger Transport Authority” substitute “, the Strathclyde Passenger Transport Authority and a Transport Partnership created by order under section 1 of the Transport (Scotland) Act 2005”,
b in sub-paragraph (2)—
i after “this” insert “Schedule to—”,
ii the “and” immediately following paragraph (a) is repealed,
iii after paragraph (b) insert
.
I73 In section 165(6) of the Local Government etc. (Scotland) Act 1994 (meaning of “authority”), for “or the Strathclyde Passenger Transport Authority” substitute “, the Strathclyde Passenger Transport Authority or a Transport Partnership created by order under section 1 of the Transport (Scotland) Act 2005”.

The British Waterways Board

I67123 The British Waterways Board

1 The Transport Act 1962 is amended as follows.
2 In section 1 (the British Waterways Board etc.), in subsection (6), for “between one and four” substitute “ at least 4 but no more than 9 ”.

Certain orders under the Roads (Scotland) Act 1984: objections

124 Certain orders under the Roads (Scotland) Act 1984: objections

1 The Roads (Scotland) Act 1984 is amended as follows.
2 For section 152(3) there is substituted—
.

General

I87125 Individual culpability where offending by an organisation

1 This section applies where—
a an offence in this Act or any regulations made under it is committed by a relevant organisation, and
b the commission of the offence—
i involves consent or connivance on the part of a responsible individual, or
ii is attributable to neglect on the part of a responsible individual.
2 The responsible individual (as well as the relevant organisation) commits the offence.
3 For the purposes of this section—
a “relevant organisation” means an organisation listed in the first column of the table in paragraph (c),
b “responsible individual” means, in relation to a relevant organisation—
i an individual falling within the corresponding entry in the second column of the table in paragraph (c), or
ii an individual purporting to act in the capacity of an individual falling within the corresponding entry,
c the table is as follows—
Relevant organisationIndividual
Company as mentioned in section 1 of the Companies Act 2006Director, manager, secretary or other similar officer
Member, where the company's affairs are managed by its members
Limited liability partnershipMember
Other partnershipPartner
Any other body or associationIndividual who is concerned in the management or control of its affairs.

I83126 Crown application

1 Nothing in this Act or any regulations made under it makes the Crown criminally liable.
2 The Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (1).
3 Subsection (1) does not affect the criminal liability of persons in the service of the Crown.

I68127 Minor and consequential amendments and repeals

The schedule contains minor and consequential amendments and repeals.

128 Regulations

1 Any power of the Scottish Ministers to make regulations under this Act includes power to make—
a incidental, supplementary, consequential, transitional, transitory or saving provision,
b different provision for different purposes or areas.
2 Regulations under sections 6(4)(a), 6(4)(b), 6(4)(c), 7(4)(b), 52(1), 55(12), 71(5), 78(4) and 107(1) are subject to the affirmative procedure.
3 Regulations under section 8(1) or 59(1)—
a which create a criminal offence are subject to the affirmative procedure,
b otherwise, are subject to the negative procedure.
4 Regulations under section 129(1)—
a which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure,
b otherwise, are subject to the negative procedure.
5 Otherwise (and subject to subsection (6)) regulations under this Act are subject to the negative procedure.
6 This section does not apply to regulations under section 130(2).

129 Ancillary provision

1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it.
2 Regulations under subsection (1) may modify any enactment (including this Act).

130 Commencement

1 This section and sections 128, 129 and 131 come into force on the day after Royal Assent.
2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.
3 Regulations under subsection (2) may—
a include transitional, transitory or saving provision,
b make different provision for—
i different purposes,
ii different areas.

131 Short title

The short title of this Act is the Transport (Scotland) Act 2019.

SCHEDULE 

Minor and consequential amendments and repeals

(introduced by section 127)

PART 1  Bus services

Road Traffic Regulation Act 1984

I981
1 The Road Traffic Regulation Act 1984 is amended as follows.
2 In section 1 (traffic regulation orders), for subsection (3A) substitute—
.
3 In schedule 9 (variation or revocation of certain traffic regulation orders), in paragraph 27(3), for the words from “pursuant” to “scheme” substitute “ or the taking of a measure pursuant to a scheme implementing a bus services improvement partnership ”.

Transport Act 1985

2
I761 The Transport Act 1985 is amended as follows.
I922 In section 63(5) (power of local authority to enter into agreement for service subsidies), in paragraph (aa)(ii), for “to the standard specified in a quality partnership scheme made under section 6” substitute “ in compliance with a service standard imposed in a bus services improvement partnership scheme made under section 3B ”.
I763 In section 135 (procedure for making regulations etc.)—
a after subsection (1) insert—
.
b in subsection (3), for “subsection (4)” substitute “ subsections (4) and (4A) ”,
c after subsection (4) insert—
.

Transport (Scotland) Act 2001

3
I731 The Transport (Scotland) Act 2001 is amended as follows.
2 After section 32B (as inserted by section 46 of this Act), insert— “ CHAPTER 4 Other matters ”.
I903 In section 37 (competition test)—
a in subsection (1)(a), for “quality partnership schemes” substitute “ partnership schemes ”,
b in subsection (2)(a)—
i for “quality partnership scheme” substitute “ partnership scheme ”,
ii for “section 5(1)” substitute “ paragraph 6(2) or, as the case may be, 14(1) of schedule A1 ”.
I904 In section 39 (penalties)—
a in subsection (1)(b), for “8(4) or 22(1)(b) or (2)” substitute “ 3F(1) or 13B(1)(b) or (3) ”
b after subsection (1)(b) insert—
.
I905 In section 47 (co-operation)—
a in subsection (1)—
i for “quality partnership scheme,” substitute “ partnership scheme ”,
ii for “quality contract scheme” substitute “ or franchising framework ”,
iii for “scheme” where it fourth occurs substitute “ scheme or framework ”,
b in subsection (3)(a)—
i for “quality partnership schemes,” substitute “ partnership schemes ”,
ii for “quality contract schemes” substitute “ and franchising frameworks ”.
I916 In section 48 (interpretation of Part 2)—
a in subsection (1)—
i at the beginning insert “ Subject to subsection (1A) ”
ii the definition of “operational date” is repealed
iii at the appropriate place insert—
,
iv the definition of “quality contract” is repealed
I73v in the definition of “relevant general policies”, in paragraph (a)(ii)—
A after “relate to” insert “ providing services of the kind mentioned in section 2A(1) of this Act or ”,
B for “a quality partnership scheme or a quality contract scheme” substitute “ a partnership scheme or a franchising framework ”,
vi at the appropriate place insert—
,
vii the definitions of “specified facilities” and “specified standard” are repealed,
viii at the appropriate place insert—
.
b after subsection (1) insert—
.
I907 In section 79 (guidance)—
a in subsection (1)(c)—
i for “quality partnership schemes” substitute “ partnership schemes ”,
ii for “quality contract schemes” substitute “ franchising frameworks ”,
b in subsection (2), after “section” where it first occurs insert “ or any other section ”.
I908 In section 81 (regulations and orders)—
a in subsection (4)(a), the words “14(6), 18(2)(b)” are repealed,
b in subsection (4)(b), for “41(1) of this Act” substitute “ 3G(4), 3H(7), 13M(5), 13Q(4) 27A(5), 35A(1) or 41(1) or paragraph 26 of schedule A1 ”,
c after subsection (4)(b) insert—
.
I909 In section 82 (interpretation of Act)—
a in subsection (1)—
i at the appropriate place insert—
,
ii the definition of “quality contract scheme” is repealed,
iii for the definition of “quality partnership scheme” substitute—
,
iv at the appropriate place insert—
,
b in subsection (2), the following words are repealed—
.

Transport (Scotland) Act 2005

4
I741 The Transport (Scotland) Act 2005 is amended as follows.
2 In section 10(5)—
I74a before paragraph (a) insert—
,
I93b for paragraph (a) substitute—
,
I93c in paragraph (b), for “quality contract schemes” substitute “ franchising frameworks ”.

PART 2  Road works

Roads (Scotland) Act 1984

I695
1 The Roads (Scotland) Act 1984 is amended as follows.
2 In section 56(1) (control of works and excavations)—
a the words “Subject to section 61 of this Act and” are repealed,
b the word “other” is repealed.
3 In section 57 (dangerous works)—
a in subsection (2), the words “or 61” are repealed,
b in subsection (3), the words “or 61(1)” are repealed,
c in subsection (4), for “sections 56 and 61” substitute “ section 56 ”.
4 In section 61A (charge for occupation of road), in subsection (2), the entry for section 61 is repealed.

New Roads and Street Works Act 1991

6
I701 The New Roads and Street Works Act 1991 is amended as follows.
I702 In section 112B (duty to enter certain information in the Scottish Road Works Register), in subsection (7), paragraph (d) is repealed.
I803 In section 117 (restrictions on works following substantial road works), in subsection (1), for the words from “during” to the end of the first sentence, substitute “ for such period following the completion of those works as may be prescribed. ”.
I1134 In section 118 (general duty of road works authority to co-ordinate works), subsection (5) is repealed.
I1135 In section 119 (general duty of undertakers to co-operate), in subsection (2A)—
a paragraph (a), together with the “and” immediately following it, is repealed, and
b the closing words are repealed.
I706 In section 120 (protected roads), in subsection (2)(b), the words “or section 61 of the Roads (Scotland) Act 1984 (permission to place and maintain apparatus under a road)” are repealed.
I707 Sections 132A to 132E and section 137A are repealed.
I708 In section 155 (recovery of costs or expenses), in subsection (3), the words “or 137A (contributions to costs of resurfacing by undertakers)” are repealed.
I1139 In section 161(6) (effect of Part IV on other enactments or instruments), the words “Except as mentioned in section 138(6),” are repealed.
I11310 In section 165 (index of defined expressions), after the entry for “the Commissioner”, insert—
.

Transport (Scotland) Act 2005

7
I711 The Transport (Scotland) Act 2005 is amended as follows.
I822 In section 22(1), paragraph (a) is repealed.
I713 Sections 30, 31 and 32 are repealed.
I1124 In section 53 (interpretation), in subsection (2)—
a before the definition of “the Commissioner”, insert—
,
b after the definition of “the Commissioner”, insert—
.

Footnotes

  1. I1
    S. 1 in force at 15.1.2020 by S.S.I. 2019/428, reg. 2
  2. I2
    S. 2 in force at 15.1.2020 by S.S.I. 2019/428, reg. 2
  3. I3
    S. 3 in force at 15.1.2020 by S.S.I. 2019/428, reg. 2
  4. I4
    S. 4 in force at 15.1.2020 by S.S.I. 2019/428, reg. 2
  5. I5
    S. 5 in force at 15.1.2020 by S.S.I. 2019/428, reg. 2
  6. I6
    S. 25 in force at 15.1.2020 by S.S.I. 2019/428, reg. 2
  7. I7
    S. 122(1)(a)(2)(3) in force at 19.3.2020 by S.S.I. 2020/68, reg. 2(a)
  8. I8
    S. 122(1)(b) in force at 1.4.2020 by S.S.I. 2020/68, reg. 2(b)
  9. I9
    S. 6 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  10. I10
    S. 7 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  11. I11
    S. 8 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  12. I12
    S. 9 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  13. I13
    S. 10 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  14. I14
    S. 11 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  15. I15
    S. 12 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  16. I16
    S. 13 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  17. I17
    S. 14 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  18. I18
    S. 15 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  19. I19
    S. 16 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  20. I20
    S. 17 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  21. I21
    S. 18 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  22. I22
    S. 19 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  23. I23
    S. 20 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  24. I24
    S. 21 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  25. I25
    S. 22 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  26. I26
    S. 23 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  27. I27
    S. 24 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  28. I28
    S. 26 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  29. I29
    S. 27 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  30. I30
    S. 28 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  31. I31
    S. 29 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  32. I32
    S. 30 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  33. I33
    S. 31 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  34. I34
    S. 32 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  35. I35
    S. 33 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(a)
  36. I36
    S. 49 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(b)
  37. I37
    S. 52 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(c)
  38. I38
    S. 67 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(d)
  39. I39
    S. 68 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(e)
  40. I40
    S. 109 in force at 14.1.2021 by S.S.I. 2020/429, reg. 2(f)
  41. I41
    S. 43 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  42. I42
    S. 51 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  43. I43
    S. 53 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  44. I44
    S. 70 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  45. I45
    S. 71 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  46. I46
    S. 72 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  47. I47
    S. 73 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  48. I48
    S. 74 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  49. I49
    S. 75 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  50. I50
    S. 76 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  51. I51
    S. 77 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  52. I52
    S. 78 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  53. I53
    S. 79 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  54. I54
    S. 80 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  55. I55
    S. 81 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  56. I56
    S. 82 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  57. I57
    S. 83 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  58. I58
    S. 84 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  59. I59
    S. 85 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  60. I60
    S. 86 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  61. I61
    S. 87 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  62. I62
    S. 88 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  63. I63
    S. 89 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  64. I64
    S. 113 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  65. I65
    S. 114 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  66. I66
    S. 115 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  67. I67
    S. 123 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  68. I68
    S. 127 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  69. I69
    Sch. para. 5 in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  70. I70
    Sch. para. 6(1)(2)(6)(7)(8) in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  71. I71
    Sch. paras. 7(1)(3) in force at 10.1.2022 by S.S.I. 2021/428, reg. 2, sch.
  72. I72
    S. 34 in force at 24.6.2022 by S.S.I. 2022/204, reg. 2(a)
  73. I73
    Sch. para. 3(6)(a)(v)(A) in force at 24.6.2022 by S.S.I. 2022/204, reg. 2(b)
  74. I74
    Sch. paras 4(1)(2)(a) in force at 24.6.2022 by S.S.I. 2022/204, reg. 2(b)
  75. I75
    S. 39 in force at 28.11.2022 by S.S.I. 2022/332, reg. 2, sch.
  76. I76
    Sch. para. 2(1)(3) in force at 28.11.2022 by S.S.I. 2022/332, reg. 2, sch.
  77. I77
    S. 116 in force at 25.1.2023 by S.S.I. 2022/332, reg. 2, sch.
  78. I78
    S. 117 in force at 25.1.2023 by S.S.I. 2022/332, reg. 2, sch.
  79. I79
    S. 118 in force at 25.1.2023 for specified purposes by S.S.I. 2022/332, reg. 2, sch.
  80. I80
    Sch. para. 6(3) in force at 25.1.2023 by S.S.I. 2022/332, reg. 2, sch.
  81. I81
    S. 118 in force at 1.4.2023 in so far as not already in force by S.S.I. 2022/332, reg. 2, sch.
  82. I82
    Sch. para. 7(2) in force at 22.9.2023 by S.S.I. 2023/250, sch.
  83. I83
    S. 126 in force at 22.9.2023 by S.S.I. 2023/250, sch.
  84. I84
    S. 58 in force at 22.9.2023 for specified purposes by S.S.I. 2023/250, sch.
  85. I85
    S. 59 in force at 22.9.2023 by S.S.I. 2023/250, sch.
  86. I86
    S. 66 in force at 22.9.2023 by S.S.I. 2023/250, sch.
  87. I87
    S. 125 in force at 22.9.2023 by S.S.I. 2023/250, sch.
  88. I88
    S. 120 in force at 1.10.2023 by S.S.I. 2023/250, sch.
  89. I89
    S. 121 in force at 1.10.2023 by S.S.I. 2023/250, sch.
  90. F1
    Word in s. 35 substituted (27.11.2023) by The Transport (Scotland) Act 2019 Amendment Regulations 2023 (S.S.I. 2023/347), regs. 1(1), 2(2)
  91. F2
    S. 40(4) omitted (27.11.2023) by virtue of The Transport (Scotland) Act 2019 Amendment Regulations 2023 (S.S.I. 2023/347), regs. 1(1), 2(3)
  92. F3
    S. 41(5) omitted (27.11.2023) by virtue of The Transport (Scotland) Act 2019 Amendment Regulations 2023 (S.S.I. 2023/347), regs. 1(1), 2(4)
  93. F4
    Words in s. 55(2) omitted (27.11.2023) by virtue of The Transport (Scotland) Act 2019 Amendment Regulations 2023 (S.S.I. 2023/347), regs. 1(1), 2(5)(a)
  94. F5
    Words in s. 55(2)(a) inserted (27.11.2023) by The Transport (Scotland) Act 2019 Amendment Regulations 2023 (S.S.I. 2023/347), regs. 1(1), 2(5)(b)
  95. F6
    Word in s. 65(4)(b)(v) substituted (27.11.2023) by The Transport (Scotland) Act 2019 Amendment Regulations 2023 (S.S.I. 2023/347), regs. 1(1), 2(6)
  96. F7
    Word in sch. para. 3(4)(b) substituted (27.11.2023) by The Transport (Scotland) Act 2019 Amendment Regulations 2023 (S.S.I. 2023/347), regs. 1(1), 2(7)(a)(i)
  97. F8
    Words in sch. para. 3(4)(b) substituted (27.11.2023) by The Transport (Scotland) Act 2019 Amendment Regulations 2023 (S.S.I. 2023/347), regs. 1(1), 2(7)(a)(ii)
  98. F9
    Words in sch. para. 3(8)(b) inserted (27.11.2023) by The Transport (Scotland) Act 2019 Amendment Regulations 2023 (S.S.I. 2023/347), regs. 1(1), 2(7)(b)
  99. F10
    Word in sch. para. 3(8)(c) substituted (27.11.2023) by The Transport (Scotland) Act 2019 Amendment Regulations 2023 (S.S.I. 2023/347), regs. 1(1), 2(7)(c)
  100. I90
    Sch. para. 3(3)(4)(5)(7)(8)(9) in force at 4.12.2023 by S.S.I. 2023/250, sch.
  101. I91
    Sch. para. 3(6) in force at 4.12.2023 in so far as not already in force by S.S.I. 2023/250, sch.
  102. I92
    Sch. para. 2(2) in force at 4.12.2023 by S.S.I. 2023/250, sch.
  103. I93
    Sch. paras. 4(2)(b)(c) in force at 4.12.2023 by S.S.I. 2023/250, sch.
  104. I94
    S. 35 in force at 4.12.2023 by S.S.I. 2023/250, sch.
  105. I95
    S. 36 in force at 4.12.2023 by S.S.I. 2023/250, sch.
  106. I96
    S. 38 in force at 4.12.2023 by S.S.I. 2023/250, sch.
  107. I97
    S. 37 in force at 4.12.2023 for specified purposes by S.S.I. 2023/250, sch.
  108. I98
    Sch. para. 1 in force at 4.12.2023 by S.S.I. 2023/250, sch.
  109. I99
    S. 50 in force at 11.12.2023 by S.S.I. 2023/250, sch.
  110. I100
    S. 54 in force at 11.12.2023 by S.S.I. 2023/250, sch.
  111. I101
    S. 55 in force at 11.12.2023 by S.S.I. 2023/250, sch.
  112. I102
    S. 56 in force at 11.12.2023 by S.S.I. 2023/250, sch.
  113. I103
    S. 57 in force at 11.12.2023 by S.S.I. 2023/250, sch.
  114. I104
    S. 58 in force at 11.12.2023 in so far as not already in force by S.S.I. 2023/250, sch.
  115. I105
    S. 60 in force at 11.12.2023 by S.S.I. 2023/250, sch.
  116. I106
    S. 61 in force at 11.12.2023 by S.S.I. 2023/250, sch.
  117. I107
    S. 62 in force at 11.12.2023 by S.S.I. 2023/250, sch.
  118. I108
    S. 63 in force at 11.12.2023 by S.S.I. 2023/250, sch.
  119. I109
    S. 64 in force at 11.12.2023 by S.S.I. 2023/250, sch.
  120. I110
    S. 65 in force at 11.12.2023 by S.S.I. 2023/250, sch.
  121. I111
    S. 69 in force at 11.12.2023 by S.S.I. 2023/250, sch. (as amended by S.S.I. 2023/342, regs. 1, 2(2))
  122. I112
    Sch. para. 7(4) in force at 1.4.2024 by S.S.I. 2023/250, sch.
  123. I113
    Sch. paras. 6(4)(5)(9)(10) in force at 1.4.2024 by S.S.I. 2023/250, sch.
  124. I114
    S. 110 in force at 1.4.2024 by S.S.I. 2023/250, sch.
  125. I115
    S. 111 in force at 1.4.2024 by S.S.I. 2023/250, sch.
  126. I116
    S. 119 in force at 1.4.2024 by S.S.I. 2023/250, sch.
  127. I117
    S. 37 in force at 26.12.2024 in so far as not already in force by S.S.I. 2024/375, reg. 2