Transport (Scotland) Act 2019

83 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).