Transport (Scotland) Act 2019

Transport (Scotland) Act 2019

2019 asp 17

The Act

Part 6 – Pavement Parking, Double Parking and Parking at Dropped Kerbs

Other provisions relating to parking prohibitions

Ministerial directions – section 67

396. This section confers a general power of direction on the Scottish Ministers in relation to the exercise of local authorities’ functions under this Part.

397. Subsection (2) sets out some examples of the kind of matters to which directions may relate including the assessments that are to be carried out before an exemption order is made under section 51(1) of the Act, provision relating to the uniforms to be worn by authorised enforcement officers, and the information to be published by local authorities in connection with this Part of the Act. Directions given by the Scottish Ministers under subsection (1) will also specify the characteristics that a footway (or a road with which a footway is associated) must have for the footway to be specified in an exemption order under section 51(1) meaning that the pavement parking prohibition does not apply to that footway (see section 51(2)).

398. Subsection (3)(a) and (b) provides that a direction may be general or relate to a particular function or local authority or it may be given to:

• each local authority;

• a particular local authority (in relation to the whole or part of its area);

• local authorities of a particular description.

399. Subsection (3)(c) provides that directions must be in writing and be published, as must any revision or revocation of a direction (see subsection (6)).

400. A direction may be revised or revoked (see subsection (4)) and subsection (5) specifies examples of some of the ways in which a direction may be revised.