The Road Traffic (Vehicle Emissions) (Fixed Penalty) (Scotland) Regulations 2003

Designation

4.—(1) If the Scottish Ministers, having received an application from a local authority under regulation 3, are satisfied as to the matters referred to in paragraph (2), they shall, by an instrument in writing, designate that authority.

(2) The matters referred to in paragraph (1) are that–

(a) the designation of that authority would assist it to manage the quality of air within its area; and

(b) the authority will provide, or secure the provision of, proper and adequate training for persons who may be authorised by it for the purposes of these Regulations.

(3) A designated local authority shall

(a) at least four weeks prior to exercising the powers referred to in paragraph (5), and

(b) every year thereafter,

publish a notice in one or more newspapers circulating in the area of the local authority, one or more national newspapers and the Edinburgh Gazette.

(4) A notice published under paragraph (3) must–

(a) state that the designation has been made;

(b) describe the area affected by the designation;

(c) describe the effect of the designation; and

(d) state the date on which the designated local authority intends to exercise the powers referred to in paragraph (5).

(5) A designated local authority may, in relation to its area, exercise such of the powers conferred by the following provisions of these Regulations as relate to offences.