Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Transport (Scotland) Act 2019

Type Act of the Scottish Parliament

Publication 2019-11-15

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

PART 1 — National transport strategy

Preparation of strategy

1

(1) The Scottish Ministers must prepare a national transport strategy.

(2) The national transport strategy must set out—

(a) the Scottish Ministers' vision for transport to, from and within Scotland,

(b) their strategy for realising that vision, and

(3) The national transport strategy may include such other information as the Scottish Ministers consider appropriate.

(4) In determining the content of the national transport strategy, the Scottish Ministers must have regard, among other things, to the desirability of transport being provided, developed, improved and operated so as to contribute to improving outcomes in relation to the matters mentioned in subsection (5).

(5) Those matters are—

(a) the ability of people to realise their human rights,

(b) social and economic wellbeing, including in particular in relation to—

(i) social inclusion,

(ii) elderly persons,

(iii) inclusion of persons with disabilities,

(iv) inclusive economic growth,

(v) fair work,

(vi) reduction of poverty and inequality,

(vii) access to further and higher education via public transport,

(viii) sustainability of communities in rural areas,

(i) the sustainable and efficient use and re-use of resources,

(ii) the meeting of the emission reduction targets set out in Part 1 of the Climate Change (Scotland) Act 2009,

(d) health and wellbeing.

Consultation on strategy

2

(1) In preparing the national transport strategy, the Scottish Ministers must consult—

(a) such persons as they consider appropriate, and

(b) the general public.

(2) If, before the day on which this section comes into force (and whether before or after the Bill for this Act was passed), anything was done which, had it been undertaken after that day, would to any extent have satisfied subsection (1), that subsection is to that extent to be taken to have been satisfied.

Publication and laying of strategy

3

(1) The Scottish Ministers must—

(a) publish the national transport strategy in such manner as they consider appropriate, and

(b) lay a copy of the strategy before the Scottish Parliament.

(2) As soon as reasonably practicable after complying with subsection (1), the Scottish Ministers must—

(a) publish a report setting out—

(i) the consultation process undertaken in order to comply with section 2(1), and

(ii) the ways in which, in preparing the national transport strategy, the Scottish Ministers have taken account of views expressed in the course of that process,

(b) lay a copy of the report before the Scottish Parliament, and

Review of strategy

4

(1) The Scottish Ministers—

(a) must keep the national transport strategy under review, and

(b) may, if they consider it appropriate, revise it.

(2) Sections 1(2) to (5), 2(1) and 3 apply in relation to any revision of the national transport strategy as they apply in relation to the original national transport strategy.

Reporting on strategy

5

(1) As soon as reasonably practicable after the end of each reporting period, the Scottish Ministers must—

(a) publish a report setting out—

(i) progress made in the reporting period towards realising the vision in the national transport strategy, and

(ii) steps taken in the reporting period to keep the national transport strategy under review, and

(b) lay a copy of the report before the Scottish Parliament.

(2) A report under subsection (1)(a) may include such other information as the Scottish Ministers consider appropriate.

(3) In subsection (1), “reporting period” means the period of 3 years beginning with the day on which section 3(1) was complied with in relation to the original national transport strategy and each subsequent period of 3 years.

PART 2 — Low emission zones

CHAPTER 1 — Effect of a low emission zone scheme

Restriction on driving within a zone

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(1) A person may not drive a vehicle on a road within a low emission zone in contravention of the terms of a low emission zone scheme unless—

(a) the vehicle meets the specified emission standard, or

(b) the vehicle is exempt by virtue of subsection (4)(b) or section 17.

(2) Where a person drives a vehicle on a road within a low emission zone in contravention of subsection (1), a penalty charge is payable in respect of the contravention.

(3) But, despite subsection (2), if—

(a) the same vehicle is driven within the same low emission zone in contravention of subsection (1) on more than one occasion in the course of the same day, and

(b) the person to whom the penalty charge notice would be issued in respect of those contraventions is the same person,

only one penalty charge is payable in respect of the contraventions.

(4) The Scottish Ministers may by regulations, following consultation with such persons as they consider appropriate—

(a) make provision for or in connection with the specification of the emission standard for the purpose of subsection (1)(a),

(b) specify vehicles or types of vehicle which are exempt for the purpose of subsection (1)(b) including, in particular, by reference to their construction or use,

(c) make provision for or in connection with the amount that may be imposed as a penalty charge under subsection (2) (which may include provision for discounts and surcharges).

Proving contraventions and issue of a penalty charge notice

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(1) The fact that a person was driving a vehicle on a road within a low emission zone may be established only on the basis of a record produced by an approved device.

(2) A record obtained from the Secretary of State or from another source as specified in regulations by the Scottish Ministers, certifying a vehicle's emission standard as at the date and time of the record produced by an approved device, is determinative of whether the vehicle meets the specified emission standard.

(3) Where a local authority considers that a penalty charge is payable under section 6(2) in respect of a low emission zone scheme it has made, it may issue, or make arrangements relating to the issue of, a penalty charge notice in accordance with regulations under section 8(1).

(4) A penalty charge under section 6(2) is payable to the local authority which issued the penalty charge notice—

(a) by the registered keeper of the vehicle, or

(b) in such circumstances, following consultation with such persons as they consider appropriate, as the Scottish Ministers by regulations specify, by such other person as is so specified.

Enforcement

8

(1) The Scottish Ministers may, following consultation with such persons as they consider appropriate, by regulations make provision for or in connection with the enforcement of low emission zone schemes.

(2) Regulations under subsection (1) may, in particular, make provision for or about—

(a) penalty charge notices (including the form, content and method of issue),

(b) the timing and manner of payment of a penalty charge,

(c) reviews and appeals (including grounds of review or appeal) in connection with the issuing of penalty charge notices,

(d) the manner in which a penalty charge notice may be enforced,

(e) steps that may be taken following the cancellation of a penalty charge notice (including the issuing of another penalty charge notice in respect of the same contravention),

(f) enabling local authorities to enter into arrangements with any person in connection with the exercise of a function conferred on a local authority by the regulations or under section 7.

(3) Regulations under subsection (1) may include provision—

(a) creating offences,

(b) about the records to be produced by or in connection with approved devices (including what constitutes sufficient evidence of a fact).

(4) The maximum penalty that may be provided for in regulations under subsection (1) creating offences is, on summary conviction, a fine not exceeding level 5 on the standard scale.

CHAPTER 2 — Creation and modification of a low emission zone scheme

Process

Power to make or modify a low emission zone scheme

9

(1) At any time, a local authority may (in accordance with this Chapter)—

(a) make a low emission zone scheme for all or part of its area,

(b) amend or revoke a low emission zone scheme made by it.

(2) Where two or more local authorities act jointly to make a low emission zone scheme—

(a) they must continue to act jointly in relation to the scheme in all respects, and

(b) a reference to the area of a local authority is a reference to the combined areas of those authorities.

Ministerial approval

10

(1) A low emission zone scheme cannot be made, amended or revoked unless the proposal to make, amend or revoke the scheme is approved by the Scottish Ministers.

(2) When seeking the approval of the Scottish Ministers for such a proposal, the local authority must provide a statement setting out—

(a) details of the consultation it has undertaken under section 11, and

(b) how it has taken account of any representations received in the course of that consultation.

(3) In approving the making, amendment or revocation of a low emission zone scheme, the Scottish Ministers may make such modifications to the proposal as they consider appropriate.

(4) In considering whether to approve the making, amendment or revocation of a low emission zone scheme, the Scottish Ministers—

(a) must take into account the statement provided by the local authority under subsection (2), and

(b) may consult, or require the local authority whose proposal it is to consult, such persons as Ministers consider appropriate.

Prior consultation

11

Before a local authority asks the Scottish Ministers to approve the making, amendment or revocation of a low emission zone scheme, it must consult—

(a) the Scottish Environment Protection Agency,

(b) Scottish Natural Heritage,

(d) such persons as the authority considers represent the interests of—

(i) the road haulage industry,

(ii) the bus and coach industry,

(iii) the taxi and private hire car industry,

(iv) local businesses, and

(v) drivers,

likely to be affected by the proposal,

(e) such persons (if any) as are specified by the Scottish Ministers in regulations,

(f) such other persons as the authority considers appropriate.

Examination of proposals

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(1) This section applies where a local authority proposes to make, amend or revoke a low emission zone scheme.

(2) Either—

(a) the local authority making the proposal, or

(b) the Scottish Ministers,

may (if it or they consider it appropriate) appoint a person (“the reporter”) to carry out an examination of, and prepare a report on, the proposal or any aspect of it.

(3) The reporter may carry out an examination in such manner as the reporter considers appropriate and may, in particular, do so by means of—

(a) consideration of written representations only,

(b) conducting a hearing at which a person who has made representations in respect of the proposal may be given an opportunity to appear and be heard, or

(4) Subsections (3) to (5) of section 210 of the Local Government (Scotland) Act 1973 (provisions relating to local inquiries) apply in relation to a hearing or inquiry under subsection (3) of this section as they apply in relation to an inquiry under that Act.

(5) Where an examination is to be carried out, the local authority may not proceed with the proposal until the examination has been completed.

(6) The Scottish Ministers may by regulations make further provision in relation to examinations to be carried out under this section.

(7) Without limit to that generality, such regulations may make provision—

(a) about who may be appointed to carry out an examination under this section,

(b) about the procedure for examinations under this section and, in particular, in relation to—

(i) any representations which are (or are not) to be taken into account,

(ii) who may appear at a hearing or inquiry,

(iii) the procedure for the conduct of any hearing or inquiry,

(iv) things which must be done in preparation for, or following, a hearing or inquiry,

(c) in relation to the financial aspects of an examination and, in particular, about the payment of remuneration, costs and expenses,

(d) in relation to the report to be prepared including, in particular, its form, content and publication.

Ministers’ power to regulate process

13

The Scottish Ministers may by regulations make provision about the procedures in relation to low emission zone schemes including, in particular, provision—

(a) specifying the form of a scheme, or any amendment to or revocation of it,

(b) about consultation on proposals (including the publication of proposals and the making and consideration of representations),

Content

Required content of a scheme

14

(1) A low emission zone scheme must specify—

(a) the zone to which it relates, which must be specified—

(i) by reference to an area on a map, and

(ii) by specifying the roads (or parts of a road) which form part of the zone,

(b) the date on which the scheme comes into effect,

(c) the types of vehicles to which it applies, which must be specified by reference to the vehicles' construction (and subject to any exemptions specified by the Scottish Ministers in regulations under section 6(4)(b)),

(d) the scheme's objectives,

(e) the grace periods applicable under section 15.

(2) Where a low emission zone scheme is made by two or more local authorities jointly, the scheme must make provision as to how any monies received from penalty charges in respect of the scheme are to be apportioned between (or among) those authorities.

(3) For the purpose of subsection (1)(a)(ii), a low emission zone scheme may not specify—

(a) a private road, or

(b) a special road,

within the meaning of section 151(1) of the Roads (Scotland) Act 1984.

(4) The objectives specified under subsection (1)(d) must include—

(a) an objective of contributing towards meeting the air quality objectives prescribed under section 87(1) of the Environment Act 1995 (regulations about air quality), and,

(b) an objective of contributing towards meeting the emission reduction targets set out in Part 1 of the Climate Change (Scotland) Act 2009.

(5) A scheme may make different provision for different purposes, types of vehicles, or areas.

Grace period

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(1) Section 6(1) is not contravened by a vehicle being driven on a road within a low emission zone prior to the expiry of the applicable grace period.

(2) In subsection (1), “the applicable grace period” means the period that the low emission zone scheme specifies as applying—

(a) in relation to the road, or part of the road, on which the vehicle was driven,

(b) in relation to the type of vehicle being driven, by reference to its construction, and

(3) A low emission zone scheme must specify—

(a) a grace period that applies to individuals whose registered address in respect of the vehicle is a residential property within the zone (“residents”),

(b) a grace period that applies to individuals whose registered address is not (“non-residents”), and

(c) in relation to both paragraphs (a) and (b), the types of vehicle to which the grace period applies (which may vary as between residents and non-residents).

(4) A grace period begins on the day the low emission zone scheme comes into effect.

(5) The grace period applicable to non-residents must expire—

(a) not less than 1 year after it begins, and

(b) not more than 4 years after it begins.

(6) The grace period applicable to residents must expire not more than 2 years after the expiry of the grace period applicable to non-residents.

(7) Subsections (4) to (6) are subject to section 16.

Grace periods: further provision

16

(1) Subsections (2) to (5) apply where a road or part of a road—

(a) forms, or has formed, part of a zone to which a low emission zone scheme (“the original scheme”) relates, and

(b) is to become, within 12 months of the original scheme ceasing to have effect in relation to the road or part of a road, part of a zone to which a low emission zone scheme (“the subsequent scheme”) relates.

(2) If—

(a) a grace period is specified as applying to the road or part of a road in the original scheme, and

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