Transport (Scotland) Act 2019 Explanatory Notes

Enforcement powers

435.Section 85 confers powers to authorised persons to enter premises as part of enforcement processes and prescribes how they should act when doing so. Section 85(1) gives authorised persons the power to enter premises in an area covered by a workplace parking licensing scheme in order to require the production of information related to the licensing of the premises and to take and retain copies of this information. The power of entry does not apply to a dwelling house.

436.These powers are constrained by provisions in section 85(2) so as to apply only for the purpose of: establishing whether parking places are being provided either without a licence or without a licence in respect of all liable parking places; establishing whether there is any contravention of the conditions of a licence; or serving a penalty charge notice in relation to the workplace licensing scheme. Section 85(3) defines authorised person for sections 86, 87 and 88 as someone authorised by the local authority to exercise functions in relation to their workplace parking licensing scheme.

Back to top