The Workplace Parking Licensing (Scotland) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in relation to workplace parking licensing schemes made under Part 7 of the Transport (Scotland) Act 2019 (“the Act”).

Part 2 of the Regulations makes provision about consultation, reporting and publication requirements relating to scheme proposals and schemes.

Regulation 2 specifies the steps which are to be taken by a local authority in relation to the publication of scheme proposals. Regulations 3 and 4 make provision about the information to be provided to consultees, and about publication of the report which is required to be prepared under the Act following consultation. Regulation 5 specifies the procedure to be followed in relation to giving notice of making a scheme. Schedule 1 contains associated provision with regard to information which is to be included in the notices of proposals and making of schemes.

Part 3 sets out the process for how an examination of proposals relating to a scheme may take place.

Regulation 7 allows for the appointment of a reporter to carry out the examination. Regulation 8 specifies the requirements for responses to the initiating party’s notice seeking an examination. Regulation 9 makes provision for setting the scope of examinations. Regulation 10 sets out the reporter’s obligation to initiate the procedure and establish the timetable for the examination. Under regulation 11 the reporter can ask all parties to confirm whether they want to take part in any further procedure. Notices under this regulation must refer to the fact that if a party fails to respond to the notice they may not be allowed to take part in further procedure.

Regulation 12 allows the reporter to ask for further submissions or information, within the scope of the examination, from the parties. The reporter may hold a pre-examination meeting for the purpose of considering the manner in which the examination is to be conducted in accordance with regulation 13. Regulation 14 allows the reporter to carry out the examination and prepare a report on it without further procedure where the reporter considers that no further representations or information is required. Regulation 15 requires the reporter to tell the parties if the examination will be by way of hearing or inquiry in the event that the reporter decides to carry out the examination by way of either of those procedures. The reporter may also undertake an inspection of the area to which a proposal about a scheme relates by virtue of regulation 16.

Regulation 17(1) introduces schedule 2 which specifies the procedure for hearings into an examination under section 75 of the Act. Regulation 17(2) introduces schedule 3 regarding the procedure for conducting inquiries into such an examination. Regulation 18 makes provision for the awards of expenses to be made in relation to examinations. Regulation 19 requires the reporter to send the report prepared under section 75 of the Act to the parties to the examination, and to arrange for the report to be made available on the Scottish Government website.

Part 4 makes provision about who is liable to pay the licence charge.

Part 5 makes provision in connection with reviews and appeals of licensing decisions. Regulation 22 provides that a scheme must make provision allowing for an application to be made to the local authority for a review of a decision. Regulation 23 provides a process for responding to such an application, and regulation 24 provides for a right of appeal to the sheriff against a determination of the local authority in relation to an application for review.

Part 6 makes provision in connection with penalty charges and enforcement, including reviews and appeals against penalty charges. Regulation 27 establishes the circumstances under which a person other than the registered keeper of a vehicle is to be held liable for a penalty charge.

Regulation 28 provides that penalty charge notices may be served by local authorities. Regulation 28(2) sets out the required content of a penalty charge notice.

Regulation 29 allows a local authority to serve a “charge certificate”, which has the effect of increasing the charge in question by such percentage as is specified under the scheme, on a person who has failed to pay a penalty charge within the timeframe specified in regulation 29(3).

Regulation 30 sets out the manner in which representations may be made against a penalty charge notice served under regulation 28, and the grounds on which such representations can be made.

Regulation 31 specifies the procedure and consideration that a local authority must afford to any representations received under regulation 30. This requires a local authority to provide notice of its decision in response to representations, addressing each ground on which the representations are made and stating whether it is accepted or refused by the local authority. Regulation 31(2) allows a local authority to cancel a penalty charge notice upon acceptance of a representation made under regulation 30(4). Regulation 31(3) and (4) provide that where a local authority does not accept any representations made under regulation 30 it must serve a notice of rejection which contains information as to how an appeal against that rejection may be made.

An appeal to the First-tier Tribunal against the imposition of a penalty charge may be made under regulation 32.

Part 7 makes provision in relation to accounts which must be kept in connection with schemes. It also extends the application of the requirements set out in Parts 2 and 3 to proposals to amend or revoke a scheme.

Impact assessments have been prepared in relation to these Regulations, copies of which can be obtained from Transport Scotland, Buchanan House, 58 Port Dundas Rd, Glasgow G4 0HF or online at www.gov.scot.