Legislation – Transport (Scotland) Act 2019
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PART 2Low emission zones
CHAPTER 3Operation of a low emission zone scheme
Equipment and signs
20Use 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).
21Approved 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.
22Traffic 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
23Power 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
24Temporary 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.
25Ministers’ 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.
26Financial 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.
27Application 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).
28Accounts
(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.
29Annual 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
30Direction 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.
31Action 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.