Legislation – Transport (Scotland) Act 2019

PART 1
National transport strategy

1 Preparation of strategy

2 Consultation on strategy

3 Publication and laying of strategy

4 Review of strategy

5 Reporting on strategy

PART 2
Low emission zones

CHAPTER 1 Effect of a low emission zone scheme

6 Restriction on driving within a zone

7 Proving contraventions and issue of a penalty charge notice

CHAPTER 2 Creation and modification of a low emission zone scheme

9 Power to make or modify a low emission zone scheme

10 Ministerial approval

11 Prior consultation

12 Examination of proposals

13 Ministers’ power to regulate process

14 Required content of a scheme

15 Grace period

16 Grace periods: further provision

17 Time-limited exemptions

18 Power to alter operating hours

19 Ministers’ power to specify additional content

CHAPTER 3 Operation of a low emission zone scheme

20 Use of equipment

21 Approved devices

22 Traffic signs

23 Power to share information

24 Temporary suspension for events

25 Ministers’ grant-making powers

26 Financial powers etc.

27 Application of penalty charges

29 Annual report

30 Direction to carry out a review

31 Action following a review

CHAPTER 4 General

33 Interpretation of Part

PART 3
Bus services

34 Provision of bus services etc. by local transport authorities

35 Bus services improvement partnerships

36 Procedures for partnership plans and schemes

37 Registration of local services and functions of traffic commissioner

38 Franchising arrangements for local services

39 Provision of service information when varying or cancelling registration

40 Provision of information about bus services

PART 4
Ticketing arrangements and schemes

41 Ticketing arrangements

42 National technological standard for smart ticketing

43 National Smart Ticketing Advisory Board

44 Ticketing schemes

45 Directions about ticketing schemes

46 Reports on ticketing arrangements and schemes

47 Application of ticketing arrangements and schemes to trams

PART 5
Travel concession schemes: application to community transport

49 Travel concession schemes: application to community transport

PART 6
Parking prohibitions

50 Pavement parking prohibition

51 Exemption orders

52 Exemption orders: form and procedure

53 Exemption orders: traffic signs

54 Double parking prohibition

55 Exceptions to pavement parking prohibition and double parking prohibition

56 Dropped footway parking prohibition

57 Exceptions to dropped footway parking prohibition

58 Imposition of penalty charges

59 Enforcement of parking prohibitions

60 Power to install approved devices

61 Removal of motor vehicles parked contrary to parking prohibitions

62 Moving motor vehicles parked contrary to parking prohibitions

63 Disposal of removed motor vehicles

64 Arrangements in connection with enforcement

65 Power to share information

67 Ministerial directions

68 Ministerial guidance

69 Interpretation of Part 6

PART 7
Workplace parking

70 Workplace parking licensing schemes

71 Workplace parking places

72 Power to make and modify schemes

73 Prior consultation and impact assessment

74 Scottish Ministers’ power to regulate process

75 Examination of proposals

76 Licence applications and processes

77 Content of licences

78 Exemptions etc.

79 National exemptions

81 Application of net proceeds of workplace parking licensing schemes

83 Penalty charges

84 Evidence from approved devices

85 Enforcement powers

86 Enforcement powers: warrants

87 Enforcement powers: further provision

88 Power of entry: Crown land

89 Interpretation of Part

PART 8
Recovery of unpaid parking charges

90 Application of Part

91 Meaning of “relevant obligation”

92 Meaning of “parking charge”

93 Meaning of “relevant contract”

94 Meaning of “relevant land”

95 Right in certain circumstances to recover from keeper of vehicle

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

97 Second condition: giving of notices to driver and keeper

98 Giving of notice to driver

99 Giving of notice to keeper following giving notice to driver

100 Giving of notice to keeper without giving notice to driver

101 Notices to keeper: accompanying evidence

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

103 Fourth condition: display of notices on relevant land

104 No right to recover from vehicle-hire firm

105 Right to recover from hirer

106 Military vehicles

107 Power to modify Part

108 Interpretation of Part

PART 9
Road works

109 Status of the Scottish Road Works Commissioner

110 Inspection functions

111 Compliance notices

112 Fixed penalty notices

113 Functions in relation to the Scottish Road Works Register

114 Permission to execute works in a road

115 Fencing and lighting of obstructions and excavations

116 Qualifications of supervisors and operatives

117 Commencement and completion notices

118 Reinstatement quality plans

119 Information about apparatus

PART 10
Miscellaneous and general

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

121 Health boards: duty to work with community transport bodies

122 Regional Transport Partnerships: finance

123 The British Waterways Board

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

125 Individual culpability where offending by an organisation

126 Crown application

127 Minor and consequential amendments and repeals

128 Regulations

129 Ancillary provision

130 Commencement

131 Short title

SCHEDULES

SCHEDULE Minor and consequential amendments and repeals

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

There are currently no known outstanding effects for the Transport (Scotland) Act 2019, Section 125.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

PART 10Miscellaneous and general

General

125Individual 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 organisation	Individual
Company as mentioned in section 1 of the Companies Act 2006	Director, manager, secretary or other similar officer
Company as mentioned in section 1 of the Companies Act 2006	Member, where the company’s affairs are managed by its members
Limited liability partnership	Member
Other partnership	Partner
Any other body or association	Individual who is concerned in the management or control of its affairs.