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Transport (Scotland) Act 2019

Type Act of the Scottish Parliament

Publication 2019-11-15

Last updated 2024-12-26

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

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(13A) (1) A local transport authority may make a franchising framework covering the whole or any part of their area. (2) To make a franchising framework a local transport authority must comply with the process set out in section 13C (and the requirements of the sections listed in that section). (3) A franchising framework is a framework under which— (a) local services (other than those exempted from the framework by virtue of section 13D(2)) may be provided in the area to which the framework relates only under a franchise agreement, and (b) the local transport authority determine— (i) what local services are to be provided in the area to which the framework relates, (ii) the standards to which the services are to be provided, and (iii) any additional facilities or services that are to be provided in the area to which the framework relates. (4) In this Part, “franchise agreement”, in relation to a franchising framework, means an agreement under which— (a) the local transport authority grant to another person the exclusive right to operate the local services to which the agreement relates, and (b) that person undertakes to provide those services on such terms (including in particular as to frequency, fares and standard of services) as may be specified in the agreement. (5) A franchise agreement may (but need not) include provision for— (a) the making of payments by the local transport authority to the person undertaking to provide the local service, or (b) the making of payments by the person undertaking to provide the service to the authority. (6) A franchise agreement may include provision requiring one or more of the parties to provide additional facilities or services. (7) Section 88(1) of the 1985 Act (application to subsidy agreements of section 89 to 92 of that Act) does not apply in relation to franchise agreements. (13B) (1) During any period when a franchising framework is in operation in relation to any local service included in the framework— (a) sections 6 to 9 of the 1985 Act (registration of local services) do not have effect in relation to the service, and (b) no such service is to be provided other than under a franchise agreement. (2) Subsection (3) applies where, in relation to a franchising framework— (a) a local service is not included in the framework, and (b) the service is not excluded from the framework (see section 13D(2)(a)). (3) The local service is not, during the period of operation of the franchising framework, to be provided in the area to which the framework relates. (4) Subsection (5) applies where, in relation to a franchising framework— (a) a local service is excluded from the framework, and (b) conditions are specified as to when the exclusion is to apply (see section 13D(2)(b)). (5) The specified conditions are to be treated, during the period of operation of the franchising framework, as if they were prescribed particulars of the service concerned registered under section 6 of the 1985 Act. (13C) (1) Before making a franchising framework under section 13K, the local transport authority must— (a) prepare a proposed franchising framework which meets the requirements of section 13D, (b) prepare an assessment of the proposed framework in accordance with section 13E, (c) obtain a report from an auditor in accordance with section 13F, (d) carry out the consultation required under section 13G, (e) make such modifications under section 13H (if any) as they consider appropriate in light of the consultation and, if they consider that it is required under subsection (3) of that section, repeat the steps in paragraphs (b) to (d) of this section, (f) obtain approval to make the proposed framework (or the framework as modified) from a panel convened for that purpose by the traffic commissioner under section 13J, (g) comply with such additional procedural requirements as may be prescribed. (2) Where the making of a proposed franchising framework has been approved under section 13J, it may be made by the local transport authority under section 13K. (13D) (1) A proposed franchising framework must specify— (a) the area to which the framework relates, (b) the local services which are to be provided under franchise agreements, (c) that the framework is, in so far as relating to each local service included in it, to come into operation— (i) on a date not earlier than 6 months after the day on which the local transport authority who made it enter into a franchise agreement in respect of that service, or (ii) on such earlier date as the local transport authority may specify, (d) the period during which it is to remain in operation, (e) the standards to which services must be provided under franchise agreements. (2) A proposed franchising framework may— (a) provide for the exemption of such local services or such descriptions of local services as the framework may specify, and (b) specify conditions (if any) as to when such exemptions are to apply. (3) A proposed franchising framework may provide for such other matters as the local transport authority think fit. (4) If a proposed franchising framework relates to an area to which a partnership scheme also relates, the proposed franchising framework— (a) must include— (i) in a case where the partnership scheme relates only to the area to which the proposed franchising framework relates or a part of that area, provision revoking the partnership scheme, or (ii) in any other case, provision varying the partnership scheme so that it ceases to relate to any part of the area to which the proposed franchising framework relates, and (b) may include provision varying the partnership plan or, if appropriate, revoking the plan. (13E) (1) A local transport authority which propose to make a franchising framework covering the whole or any part of their area must prepare an assessment of the proposed framework. (2) The assessment must— (a) set out how, and to what extent, the local transport authority consider the making of the proposed framework will contribute to the implementation of their relevant general policies, (b) compare the making of the proposed framework to one or more other courses of action available to them to implement those policies, (c) describe the expected effect of the proposed framework on any areas which are adjacent to the area of the framework, (d) set out— (i) how they intend to operate the proposed framework, and (ii) the extent to which they consider that they will be able to secure that local services are operated under franchise agreements, (e) set out their analysis of the financial implications for them of making the proposed framework, (f) set out how they propose to review the effectiveness of the proposed framework once it is made. (3) The assessment may include such other matters as the local transport authority think fit. (4) In preparing an assessment under this section, a local transport authority must seek views about the proposed franchising framework from operators who, at the time of the assessment being prepared, are providing local services in the area to which the proposed framework relates. (5) The Scottish Ministers must issue guidance in relation to the preparation of an assessment under this section, and that guidance may, in particular, include guidance about methods to be used when assessing a proposed framework. (13F) (1) This section applies if, after preparing an assessment of a proposed franchising framework under section 13E, a local transport authority wish to proceed with the proposed framework. (2) The local transport authority must obtain a report from an auditor on the analysis of the financial implications contained in the assessment. (3) The auditor's report must state whether, in the opinion of the auditor— (a) the information relied on by the local transport authority in conducting the analysis is of sufficient quality, (b) the analysis of that information is of sufficient quality, and (c) the local transport authority have had regard to the guidance issued under section 13E(5) in preparing the analysis. (4) An auditor must, when preparing a report under this section, have regard to any guidance issued by the Scottish Ministers in relation to the preparation of such reports. (5) In this section, “auditor” means a person who is eligible to be appointed as a statutory auditor under section 1211 of the Companies Act 2006. (13G) (1) This section applies if, after obtaining an auditor's report under section 13F, a local transport authority wish to proceed with the proposed franchising framework. (2) The local transport authority must give notice of their intention to make the proposed franchising framework in such manner as they consider appropriate for bringing the notice to the attention of persons in their area. (3) The notice referred to in subsection (2) must— (a) describe the proposed franchising framework, including, in particular, the area to which it would relate, (b) include a statement that the local transport authority consider that the proposed framework will contribute to the implementation of their relevant general policies, and (c) state where copies of the consultation documents listed in subsection (5) may be viewed. (4) After giving notice of the proposed franchising framework, the local transport authority must consult— (a) all operators of local services in the area to which the proposed framework relates, (b) any other person holding a PSV operator's licence or community bus permit who, in the opinion of the authority, is likely to be affected by the proposed framework, (c) such organisations appearing to the authority to be representative of employees of such operators as they think fit, (d) such organisations appearing to the authority to be representative of users of local services as they think fit, (e) each local transport authority and Transport Partnership whose area is, in the opinion of the authority, likely to be affected by the proposed framework, (f) the traffic commissioner, (g) the chief constable of the Police Service of Scotland, (h) the Competition and Markets Authority, (i) such other persons as the authority think fit. (5) The consultation documents are— (a) the proposed franchising framework, (b) a report on the assessment prepared under section 13E, including, in particular, a description of how the local transport authority consider the proposed framework will contribute to the implementation of their relevant general policies, (c) the report obtained from the auditor under section 13F, (d) such other documents (if any) that the local transport authority think will assist the consultees in considering the proposed framework. (13H) (1) This section applies where, following consultation under section 13G, a local transport authority consider it appropriate to modify the proposed franchising framework. (2) The local transport authority may make such modifications to the proposed franchising framework as they consider appropriate. (3) If the local transport authority consider that the modifications materially affect any part of the assessment prepared under section 13E that relates to a matter set out in subsection (2) of that section, they must prepare a new assessment of the proposed framework as modified. (4) Sections 13E to 13G apply to any new assessment of the proposed framework as modified as they apply to the original proposed framework. (5) The Scottish Ministers must issue guidance in relation to the circumstances in which a local transport authority must prepare a new assessment of a proposed framework. (13I) (1) This section applies where, following a consultation under section 13G, a local transport authority— (a) either— (i) do not make any modifications to the proposed franchising framework, or (ii) make modifications to the proposed framework, but consider they are not required to prepare a new assessment of the proposed framework under section 13H(3), and (b) decide to proceed with making the proposed framework (as originally proposed or as modified). (2) The local transport authority must— (a) request that the traffic commissioner convene a panel under section 13J(2) for the purpose of considering whether to approve the making of the proposed franchising framework, and (b) provide the traffic commissioner with the documents listed in subsection (3). (3) The documents are— (a) the consultation documents listed in paragraphs (a) to (c) of section 13G(5), (b) the assessment (or the most recent assessment) prepared under section 13E, (c) a summary of the responses received to the consultation carried out under section 13G and any action (other than a modification under section 13H) that was taken to address the responses, (d) a description and explanation of any modifications made to the proposed franchising framework under section 13H. (13J) (1) This section applies where the traffic commissioner has received a request to convene a panel under section 13I(2)(a). (2) The traffic commissioner must— (a) give notice of the local transport authority seeking approval for the proposed franchising framework in such manner as the commissioner considers appropriate for bringing the notice to the attention of persons in the area of the authority, (b) appoint three persons to form a panel to decide whether or not to approve the making of the proposed framework, (c) provide the panel with the documents listed in section 13I(3), and (d) provide the panel with any representations made to the commissioner in connection with the approval of making the proposed framework. (3) A notice given under subsection (2)(a) must state— (a) that representations may be made to the traffic commissioner in relation to the application for approval of the making of the proposed franchising framework, and (b) the period within which such representations may be made. (4) The panel may decide— (a) to approve the making of the proposed franchising framework, (b) to approve the making of the proposed framework subject to the local transport authority making such modifications to the proposed framework as the panel may specify, or (c) not to approve the making of the proposed framework. (5) In making its decision under subsection (4), the panel must consider whether the local transport authority have— (a) complied with the process set out in section 13C(1), (b) had regard to the guidance issued by Scottish Ministers under section 13E(5), (c) given appropriate weight to any matter prescribed for the purposes of this section, and (d) otherwise, reached a reasonable conclusion in deciding to make the proposed franchising framework. (13K) (1) This section applies where a panel convened under section 13J has approved the making of a proposed franchising framework. (2) The local transport authority may, not later than 6 months after the date of the approval, make the franchising framework. (3) Not later than 14 days after the date on which a franchising framework is made, the local transport authority must— (a) give notice of their having made the framework in such manner as they consider appropriate for bringing the notice to the attention of persons in their area, and (b) send a copy of the framework to the traffic commissioner. (4) A notice under subsection (3)(a) must state where a copy of the franchising framework may be viewed. (5) A franchising framework is, in so far as relating to a local service included in it, to come into operation— (a) in a case where the framework specifies the date on which it is to come into operation in respect of that service, on the date so specified, and (b) subject to section 13M, in a case where no date is specified in the framework, on such date as is specified in or determined under the franchise agreement entered into in respect of the service. (13L) (1) This section applies where— (a) a local transport authority have made a franchising framework, and (b) that framework has not expired under section 13Q or otherwise ceased to have effect. (2) The local transport authority may enter into franchise agreements in respect of local services to be provided under the framework. (3) A local transport authority may enter into a franchise agreement with a person only if that person holds— (a) an unconditional PSV operator's licence, or (b) a community bus permit. (4) Not later than 14 days after the date on which a local transport authority enter into a franchise agreement, the local transport authority must— (a) give notice of their having made the agreement to— (i) all operators of local services who are, in the opinion of the authority, likely to be affected by the agreement, and (ii) the traffic commissioner, and (b) publish the notice in such manner as the local transport authority consider appropriate for bringing the notice to the attention of persons in the area to which the franchising framework relates. (5) A notice under subsection (4) must state— (a) the local services to be provided under the franchise agreement, (b) the date or dates on which the franchising framework is, in so far as it relates to the local services to be provided under the franchise agreement, to come into operation, and (c) the duration of the franchise agreement. (6) For the purpose of subsection (3)(a), “unconditional”, in relation to a PSV operator's licence, means a licence which does not have attached to it a condition imposed under section 26 of the 1985 Act prohibiting or having the effect of prohibiting the holder from using vehicles under the licence to provide the service or services to which the franchising agreement in question relates. (13M) (1) A local transport authority may, if they consider it appropriate, decide to postpone the date on which— (a) a franchising framework, or (b) the variation of a franchising framework, would, in so far as relating to a local service in it, come into operation by virtue of section 13K(5)(b) by such period as they think fit. (2) But the date on which a framework or variation comes into operation under subsection (1) must not be postponed by a period or periods which in total exceed 12 months. (3) Before postponing the date on which a framework or variation comes into operation under subsection (1), a local transport authority must consult all operators of local services who are, in the opinion of the local transport authority, likely to be affected by the postponement. (4) Not later than 14 days after the date on which a local transport authority postpone the date on which a framework or variation comes into operation under subsection (1), the local transport authority must— (a) give notice of the postponement to— (i) all operators of local services who are, in the opinion of the authority, likely to be affected by the postponement, and (ii) the traffic commissioner, and (b) publish the notice in such manner as the local transport authority consider appropriate for bringing the notice to the attention of persons in the area to which the franchising framework relates. (5) The Scottish Ministers may by regulations make provision in relation to postponements under this section including, in particular, provision reducing or extending the maximum period of postponement in subsection (2). (13N) (1) This section applies where a local transport authority wish to vary or revoke a franchising framework they have made. (2) The local transport authority must— (a) request that the traffic commissioner convene a panel under section 13O(2) for the purpose of considering whether to approve the proposed variation or revocation of the franchising framework, and (b) provide the traffic commissioner with an application for approval to vary or, as the case may be, revoke the framework. (3) An application under subsection (2)(b) must— (a) state the local transport authority's reasons for wishing to vary or revoke the framework, (b) set out how, and to what extent, the local transport authority consider the variation or revocation will contribute to the implementation of their relevant general policies, (c) in the case of a proposal to vary the framework— (i) set out how it is proposed to vary the framework, (ii) describe the expected effect that varying the framework will have on the matters set out in the assessment (or, if more than one, the most recent assessment) of the framework prepared under section 13E, and (iii) if a new assessment is not being prepared, state that the local transport authority do not consider it necessary to prepare a new assessment of the framework as it is proposed to be varied, (d) include any other information that the local transport authority think will assist the panel convened under section 13O in deciding whether or not to approve the proposed variation or revocation. (4) If a local transport authority consider that the proposed variation will materially affect any part of the assessment (or, as the case may be, the most recent assessment) prepared under section 13E that relates to a matter set out in subsection (2) of that section, they must prepare a new assessment of the proposed framework as varied. (5) Where a local transport authority consider under subsection (4) that they are required to prepare a new assessment— (a) sections 13E to 13H apply to the framework as it is proposed to be varied as they apply to a proposed franchising framework, and (b) the local transport authority must, as part of the application under subsection (2)(b), provide to the traffic commissioner— (i) the new assessment, (ii) the report of the auditor on the new assessment, (iii) a summary of the responses received to the consultation carried out under section 13G in respect of the new assessment and any action (other than a modification under section 13H) that was taken to address the responses, and (iv) a description and explanation of any modifications made to the framework as it is proposed to be varied under section 13H. (13O) (1) This section applies where the traffic commissioner has received a request to convene a panel under section 13N(2)(a). (2) The traffic commissioner must— (a) give notice of the local transport authority's application to vary or revoke the proposed framework in such manner as the commissioner considers appropriate for bringing the notice to the attention of persons in the area of the authority, (b) appoint three persons to form a panel to decide whether or not to approve the proposed variation or revocation of the franchising framework, (c) provide the panel with the application provided to it under section 13N(2)(b), (d) provide the panel with any representations made to the commissioner in connection with the application. (3) A notice given under subsection (2)(a) must state— (a) that representations may be made to the traffic commissioner in relation to the proposed variation or revocation, and (b) the period within which such representations may be made. (4) Where the application is to vary the framework, the panel may decide— (a) to approve the proposed variation, (b) to approve the proposed variation of the framework subject to the local transport authority making such modifications to the framework as it is proposed to be varied as the panel may specify, or (c) not to approve the proposed variation. (5) Where the application is to revoke the framework, the panel may decide— (a) to approve the revocation, (b) to approve the revocation subject to the local transport authority taking such further action before revoking the framework as the panel may specify in its decision, or (c) not to approve the revocation. (6) In making its decision under subsection (4) or, as the case may, be (5), the panel must consider whether the local transport authority have reached a reasonable conclusion in deciding to vary or revoke the framework. (7) Where the panel has approved the variation or revocation of a framework, section 13K applies to that variation or revocation as it applies to the making of a framework. (13P) (1) A local transport authority must, in relation to each franchising framework made by them, for each successive period of 12 months during which the framework is in operation, prepare and publish a report on the effectiveness of the framework. (2) For the purposes of subsection (1), the first period is to begin on the date on which local services start to be provided under a franchise agreement entered into under the framework. (3) In preparing a report under subsection (1), the local transport authority must— (a) consult such persons as they consider appropriate for the purpose of assessing the effectiveness of the framework, and (b) consider any representations made to them (whether as part of the consultation or otherwise) in relation to the effectiveness of the framework during the period under review. (13Q) (1) A franchising framework is to cease to have effect on the date which falls at the end of the period of 12 months beginning with the day on which the framework was made unless— (a) the local transport authority which made the framework have entered into a franchise agreement in respect of each local service included in the framework, or (b) subsection (3) applies. (2) Subsection (3) applies where— (a) within the period specified in subsection (1), the local transport authority— (i) have failed to enter into a franchise agreement in respect of each local service included in the framework, and (ii) have provided the traffic commissioner with an application for approval to vary the framework, and (b) after the end of that period— (i) the panel convened under section 13O to consider that application refuses to approve the proposed variation, or (ii) the panel so convened has approved the proposed variation but the local transport authority have not varied the framework within the period specified in section 13K(2) (as applied by section 13O(7)). (3) The franchising framework is to cease to have effect— (a) on the date that the panel refuse to approve the variation, or (b) as the case may be, on the date which falls at the end of the period of 6 months after the date of approval. (4) The Scottish Ministers may by regulations amend subsections (1) and (3) so as to provide for a different period from those for the time being specified in those subsections. (13R) (1) This section applies if a local transport authority are exercising any of the following functions— (a) preparing and making a franchising framework, (b) reviewing the effectiveness of a franchising framework, or (c) determining whether and how to vary, or revoke, a franchising framework. (2) The local transport authority may require an operator of a local service in the relevant area to provide them with such relevant information relating to the function being exercised as they may specify. (3) The local transport authority must specify the function it is exercising when requiring the provision of relevant information. (4) The operator may be required to provide the information — (a) in any form which, having regard to the manner in which the information is kept, it is reasonable to expect the operator to provide, and (b) before the end of such period as may be specified by the local transport authority. (5) A local transport authority that have obtained relevant information under this section may only— (a) use the information for the purpose of exercising the function for which it was obtained, and (b) supply the information to a person listed in subsection (6) for use in connection with that function. (6) The persons are— (a) a local transport authority, (b) an auditor appointed by the local transport authority under section 13F, (c) any other person providing services to the local transport authority in connection with the function being exercised, (d) a panel appointed under section 13J(2) or 13O(2). (7) A person who receives relevant information under subsection (5)(b) must not disclose it to any other person or use it in connection with a purpose other than the specified function. (8) A person who, without reasonable excuse, discloses information in contravention of this section commits an offence. (9) A person who commits an offence under subsection (8) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (10) Where an offence under subsection (8) committed by a local transport authority is proved to have been committed with the consent or connivance of, or to be attributable to the neglect on the part of, a person employed by the authority, the person as well as the authority is guilty of the offence and liable to be proceeded against and punished accordingly. (11) In this section, “relevant information” means information of a description specified in regulations made by the Scottish Ministers. (12) Regulations under subsection (11) may specify circumstances in which relevant information (or types of relevant information) may not be required by a local transport authority. (13S) (1) Two or more local transport authorities may act jointly to make a franchising framework and enter into a franchise agreement (or agreements) under this chapter. (2) In those circumstances, unless the context otherwise requires, a reference in this chapter (other than this section) to— (a) a local transport authority, in relation to a franchising framework or a franchise agreement or to a proposed framework or agreement, is a reference to the authorities acting jointly, (b) the area of a local transport authority is a reference to the combined areas of the authorities, (c) the relevant general policies of a local transport authority is a reference to the relevant general policies of each local transport authority. (3) Where two or more local transport authorities act jointly to make a franchising framework or enter into a franchise agreement, they must continue to act jointly in relation to the framework or agreement in all respects. (13T) (1) The Scottish Ministers may by regulations make further provision for or in connection with the provisions of this chapter. (2) The regulations may, in particular, make provision with respect to— (a) the process to be followed when making, varying or revoking a franchising framework, including— (i) the form and content of any notice, statement, report, document or application required in connection with the process, (ii) prescribing time periods for carrying out aspects of the process, (iii) the assessment and audit of proposed franchising frameworks, (iv) the consultation processes to be followed, (v) the holding of inquiries or hearings in connection with objections or representations, (vi) the approval of making proposed franchising frameworks or proposals to vary or revoke franchising frameworks, (b) the standards and requirements that a franchising framework may specify in respect of the accessibility of local services for disabled persons and persons with limited mobility, (c) the local services, or descriptions of local services that must, or may, be exempted from franchising frameworks and the conditions that must, or may, be attached to such exclusions, (d) the panels to be convened under section 13J(2) and 13O(2) and their functions, including provision about— (i) the appointment, removal and replacement of members (including the criteria to be considered for appointment as a panel member), (ii) the remuneration of panel members (including as to payment of panel members' expenses), (iii) the process to be followed by the panel in making decisions. (3) The regulations may also make transitional provision in connection with— (a) the coming into operation of franchising frameworks, (b) the variation of frameworks, and (c) the ending of frameworks (whether or not as a result of their revocation). (4) In particular, regulations in pursuance of subsection (3) may provide for the application, disapplication or modification of the effect of any provision of section 6 to 9 of the 1985 Act in such circumstances as may be prescribed. (5) In this chapter, “prescribed” means prescribed by regulations made under this section.

Information relating to services

Provision of service information when varying or cancelling registration

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(1) After section 6 of the Transport Act 1985 Act insert—

(6ZA) (1) This section applies where an operator of a local service registered under section 6 notifies an affected authority in accordance with regulations under that section that the operator proposes to make an application to vary or cancel the registration. (2) The affected authority may, within such period as may be prescribed, require the operator to provide them with such information relating to the local service as may be prescribed. (3) The information that may be prescribed is information relating to— (a) the number of passengers using the service, the journeys made by those passengers and the fares paid by them, and (b) the revenue obtained by operating the service. (4) A requirement for information under subsection (2) may be made only— (a) for the purposes of the affected authority exercising their functions under section 9A of the Transport Act 1968 or, as the case may be, section 63 of this Act, and (b) in respect of— (i) the period of 12 months ending on the day on which the requirement is made, or (ii) where the service has not operated for the whole of the period of 12 months preceding the day on which the requirement is made, the period of operation up to the day on which the requirement is made. (5) An operator who is subject to a requirement under this section— (a) must provide any information required under subsection (2) within such period as may be prescribed, (b) may, at the same time, provide evidence that the disclosure of some or all of the information it has provided is likely to damage its commercial interests and request that the information in question is not disclosed under section 6ZB(3). (6) For the purposes of this section and sections 6ZB and 6ZC, “affected authority”, in relation to a local service registered under section 6, means a council or a Transport Partnership created by order under section 1 of the Transport (Scotland) Act 2005 which— (a) have functions under section 9A of the Transport Act 1968 or section 63 of this Act, and (b) have within their area or, as the case may be, region a stopping place which would be affected by the variation or cancellation of the registration of the service by an operator. (6ZB) (1) An affected authority may disclose information received from an operator under section 6ZA only in accordance with this section. (2) An affected authority may disclose information of the type described in section 6ZA(3)(a)— (a) to an economic operator in connection with an invitation to submit a tender to provide a supported service to replace or supplement the service being varied or cancelled, (b) to another affected authority, (c) to such other persons as may be prescribed. (3) An affected authority may disclose information of the type described in section 6ZA(3)(b)— (a) to an economic operator in connection with an invitation to submit a tender to provide a supported service to replace or supplement the service being varied or cancelled, (b) to another affected authority. (4) Information disclosed under subsection (3)(a) of this section— (a) must be aggregated into an annual figure, (b) must not be disclosed in circumstances where the affected authority have decided to assume the revenue-related risk for the supported service by keeping the revenue obtained by operating the service. (5) An affected authority which receive information under subsection (2)(b) or (3)(b) must not disclose that information to any other person. (6) Where an operator has provided evidence and made a request under section 6ZA(5)(b), the affected authority must— (a) decide whether, on the basis of the evidence submitted, they are satisfied that the disclosure of some or all of the information is likely to cause damage to the commercial interests of the operator, and (b) notify the operator of their decision. (7) The affected authority must not disclose any information which is the subject of a request under section 6ZA(5)(b)— (a) until they have complied with their duties under subsection (6), and (b) where they decide that they are satisfied that disclosure of the information is likely to cause damage to the commercial interests of the operator. (8) An affected authority who, without reasonable excuse, disclose information in contravention of this section commit an offence. (9) An affected authority who commit an offence under subsection (8) are liable on summary conviction to a fine not exceeding level 5 on the standard scale. (10) Where an offence under subsection (8) committed by an affected authority is proved to have been committed with the consent or connivance of, or to be attributable to the neglect on the part of, a person employed by the authority, the person as well as the authority is guilty of the offence and liable to be proceeded against and punished accordingly. (11) In this section— - “economic operator” means any person, public entity or group of persons or entities including any temporary association of undertakings that offers to provide local services on the market, - “supported service” means a service which is subsidised under section 9A(4) of the Transport Act 1968 or, as the case may be, section 63(5) of this Act. (6ZC) (1) Regulations under this section may make provision for the purposes of giving full effect to sections 6ZA and 6ZB, including, without limit to that generality, provision— (a) for excluding or modifying the application of section 6ZA in such circumstances as may be specified in the regulations, (b) about the procedures to be followed by affected authorities and operators, including the manner in which authorities are to require information to be provided, (c) requiring operators to keep records of such information as may be specified in the regulations, (d) substituting a different period (or periods) for the period for the time being specified in section 6ZA(4)(b), (e) about the form and (subject to section 6ZA(3)) content of the information that operators may be required to provide. (2) Before making regulations under section 6ZA(2) or (5), 6ZB(2) or this section, the Scottish Ministers must consult— (a) such persons as appear to them to be representative of operators and users of local services, (b) each council and Transport Partnership created by order under section 1 of the Transport (Scotland) Act 2005 which have functions under section 9A of the Transport Act 1968 or section 63 of this Act, and (c) such other persons as the Scottish Ministers consider appropriate.

(2) In section 39 of the Transport (Scotland) Act 2001 (penalties), in subsection (1), after paragraph (b) insert—

(ba) failed to comply with a requirement under section 6ZA of the 1985 Act,

(3) In section 43 of the Transport (Scotland) Act 2001 (power to obtain information about local services), after subsection (5) insert—

(5A) For the avoidance of doubt, subsection (5)(f) does not apply if (or to the extent that) the operator was also required to provide the information by the local transport authority as an affected authority under section 6ZA(2) of the 1985 Act (provision of service information when varying or cancelling registration).

Provision of information about bus services

40

(1) The Transport (Scotland) Act 2001 is amended as follows.

(2) After section 35 insert—

(35A) (1) The Scottish Ministers may by regulations require— (a) persons who are applying for the registration of a local service or for the variation or cancellation of a registration of a local service to provide prescribed information in relation to the service, (b) operators of a registered local service to provide prescribed information in relation to the service, (c) local transport authorities to provide prescribed information in relation to local services that have one or more stopping places in their areas, (d) the traffic commissioner to provide any prescribed information held by the commissioner in relation to local services. (2) The information that may be prescribed is such information falling within subsection (3) as appears to the Scottish Ministers to be required in order to make information about local services available for disclosure to users or prospective users of those services. (3) Information falls within this subsection if it is information about— (a) routes, stopping places, timetables, fares and tickets, (b) changes or proposed changes to routes, stopping places, timetables, fares and tickets, (c) the operation of services including— (i) real time information about the location of vehicles operating the services and the times at which they stop, or are expected to stop, at stopping places, and (ii) information about the operation of services in the past. (4) Regulations made under subsection (1) may make provision about— (a) the person to whom the information is to be provided, (b) the time when it is to be provided, and (c) the manner and form in which it is to be provided, including, in particular, provision— (i) requiring it to be provided electronically, (ii) requiring such electronic provision to accord with a prescribed standard. (5) The provision made in pursuance of subsection (4)(a) may not require the information to be provided to a person other than— (a) the Scottish Ministers, (b) a local transport authority, (c) the Secretary of State, (d) a prescribed person, being a person who provides or facilitates the provision of, or is to provide or facilitate the provision of, information about local services to users or prospective users of those services. (6) The regulations may provide that a reference in the regulations to a standard according to which the information is to be provided is to be construed as a reference to that standard as it has effect from time to time. (7) The regulations may make provision as to the use and disclosure of the information, including, in particular, provision for the information to be made available free of charge and without restrictions on its use and disclosure. (8) Before laying a draft of a Scottish statutory instrument containing regulations under this section, the Scottish Ministers must consult— (a) such persons or organisations as the Scottish Ministers consider to be representative of the interests of— (i) operators of local services, (ii) users of local services, (iii) local transport authorities, (b) the Competition and Markets Authority, (c) such other persons as the Scottish Ministers think fit. (9) In this section— (a) “prescribed” means prescribed in the regulations, and (b) a reference to registration, in relation to a local service, is a reference to registration under section 6 of the 1985 Act.

(3) In section 39(1) (penalties), after paragraph (c) insert—

(ca) failed to comply with a requirement imposed by regulations made under section 35A(1)(a) or (b),

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4 — Ticketing arrangements and schemes

Ticketing arrangements

41

(1) The Transport (Scotland) Act 2001 is amended as follows.

(2) After section 27 insert—

(27A) (1) In this Chapter, “ticketing arrangements” means arrangements under which persons may become entitled— (a) to make more than one journey on particular local services (whether or not operated by the same person), (b) to make a particular journey on two or more local services (whether or not operated by the same person), (c) where a particular journey could be made on local services provided by either (or any) of two or more operators, to make the journey on whichever service the entitled person chooses, or (d) to make a journey on one or more local services (whether or not operated by the same person) and one or more connecting rail or ferry services or to make more than one such journey, by entering into a single transaction of such description as the operator or operators of such services may require. (2) In this Chapter, ticketing arrangements are “smart ticketing arrangements” if they include provision to the effect that evidence of a person's entitlement to travel may be held or produced by the person in electronic form (whether or not it may also be held or produced in another form). (3) In this Chapter, “connecting rail or ferry service” means a service for the carriage of passengers by railway or ferry which runs between— (a) a station, port or stopping place at or in the vicinity of which local services stop and which serves any part of the area to which the arrangement relates, and (b) any other place. (4) In subsection (3), “railway” has the same meaning as in section 67(1) of the Transport and Works Act 1992. (5) The Scottish Ministers may by regulations amend the definition of “ticketing arrangements” in subsection (1) so that it includes arrangements under which persons may become entitled to make a journey on one or more local services (whether or not operated by the same person) and by means of such other service or class of service as may be specified in the regulations. (6) Regulations under subsection (5) may also amend sections 28 to 31 in their application to services specified in the regulations as the Scottish Ministers consider appropriate.

(3) Section 28(5) is repealed.

(4) The italic heading immediately preceding section 28 becomes “ Ticketing arrangements ”.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

National technological standard for smart ticketing

42

(1) The Transport (Scotland) Act 2001 is amended as follows.

(2) After section 27A insert—

(27B) (1) The Scottish Ministers may specify a technical standard for the implementation and operation of smart ticketing arrangements. (2) A standard may be specified under subsection (1) by reference to a standard published by another person or for another purpose. (3) The power in subsection (1) to specify a standard includes the power to vary and revoke a specification. (4) Before specifying a standard under subsection (1) (or varying or revoking a specification) the Scottish Ministers must consult the National Smart Ticketing Advisory Board. (5) The Scottish Ministers must publish any specification made under subsection (1) (including any variation or revocation of a specification). (6) In this Chapter, “national technological standard for smart ticketing” means the standard for the time being specified under subsection (1) and published under subsection (5).

National Smart Ticketing Advisory Board

43

(1) The Transport (Scotland) Act 2001 is amended as follows.

(2) After section 27B insert—

(27C) (1) The Scottish Ministers must establish an advisory committee to be known as the National Smart Ticketing Advisory Board (“the Board”). (2) The function of the Board is to advise the Scottish Ministers in relation to their functions insofar as they relate to— (a) smart ticketing arrangements, and (b) the national technological standard for smart ticketing. (3) The Board also has the function of issuing advice and recommendations to the Scottish Ministers in relation to the strategic development of smart ticketing in Scotland. (4) The Scottish Ministers may by regulations make provision about the Board, including provision about— (a) the appointment, removal and replacement of members, (b) the remuneration of members (including as to payment of a member's expenses), (c) the process by which the Board makes decisions. (5) Before making regulations under subsection (4), the Scottish Ministers must consult— (a) all local transport authorities, (b) such organisations appearing to Scottish Ministers to be representative of users of local services and connecting rail or ferry services as they think fit, (c) such organisations appearing to Scottish Ministers to be representative of operators of local services and connecting rail or ferry services as they think fit, (d) such other persons as they think fit.

Ticketing schemes

44

(1) The Transport (Scotland) Act 2001 is amended as follows.

(2) In section 29 (ticketing schemes)—

(a) after subsection (3) insert—

(3A) A ticketing scheme must require the ticketing arrangements— (a) to be smart ticketing arrangements, and (b) to comply with the national technological standard for smart ticketing (to the extent it is relevant to the arrangements). (3B) A ticketing scheme may require the ticketing arrangements to include provision— (a) enabling payment in particular ways, (b) about the persons to whom payment may be made, (c) about enabling entitlement to travel to be evidenced in particular ways, (d) about providing information about the arrangements to the public, (e) about publicising local services, fares or ticketing arrangements provided or made available by any operator of a local service of a class specified in the scheme, and (f) as to the appearance of tickets. (3C) A ticketing scheme may make provision for ticketing arrangements giving rise to different kinds of entitlement to travel including, in particular— (a) an entitlement that is valid for a specified period, and (b) an entitlement that is valid only in a specified area.

(b) in subsection (5), for “28(5)” substitute “ 27A(1) ”,

(7) In carrying out their functions under this section and sections 30 and 31 in relation to ticketing schemes, local transport authorities must co-operate with one another. (8) In carrying out their functions under this section and sections 30 and 31 in relation to ticketing schemes, local transport authorities must have regard to the desirability, in appropriate cases, of having a ticketing scheme that— (a) facilitates journeys between the area to which the ticketing scheme applies and adjoining areas of Scotland, or (b) facilitates the adoption of ticketing arrangements similar to those specified in the ticketing scheme in adjoining areas of Scotland.

(3) In section 30 (consultation as to proposed ticketing scheme)—

(a) in subsection (1), for “at least one local newspaper circulating” substitute “ such manner as they consider appropriate for bringing it to the attention of persons ”,

(b) in subsection (3), after paragraph (c) insert—

(ca) any— (i) local authority, (ii) National Park authority (as established by virtue of the National Parks (Scotland) Act 2000), and (iii) Transport Partnership, any part of whose area or region would, in the opinion of the authority, be affected by the proposed scheme, (cb) where the proposed scheme specifies arrangements of a kind mentioned in section 27A(1)(d)— (i) the Scottish Ministers, (ii) all operators of connecting rail or ferry services who are, in the opinion of the authority, likely to be affected by it, (iii) such organisations appearing to the authority to be representative of users of connecting rail or ferry services as they think fit, (cc) the Competition and Markets Authority,

(4) In section 31 (making of ticketing scheme)—

(a) after subsection (1) insert—

(1A) If the scheme specifies arrangements of a kind mentioned in section 27A(1)(d), it may only be made with the agreement of the operator of the connecting rail or ferry service concerned.

(b) in subsection (3)—

(i) in paragraph (a), for “at least one local newspaper circulating” substitute “ such manner as they consider appropriate for bringing it to the attention of persons ”,

(ii) in paragraph (b), after “services” insert “ or connecting rail or ferry services ”,

(iii) after paragraph (c) insert—

(ca) to every other person consulted in relation to the scheme under section 30(3),

(d) after subsection (4) insert—

(5) The authority may vary or revoke the scheme. (6) If the proposed variation would result in the scheme relating to all or part of the area of another local transport authority, the reference in subsection (5) to the authority includes that other authority. (7) The variation or revocation is subject to the same procedure as the making of the scheme and in the application of that procedure— (a) a reference in sections 29 and 30 and subsections (1) to (4) to making a scheme is to be treated as a reference to varying or revoking the scheme, (b) a reference in those provisions to the proposed scheme is to be treated as a reference to the scheme as proposed to be varied or the proposed revocation of the scheme, (c) a reference in those provisions to the date on which the scheme comes into operation is to be treated as a reference to the date on which the scheme as varied comes into operation or the date on which the scheme comes to an end.

(5) In section 47—

(a) in subsection (1), the words “or ticketing scheme” are repealed,

(b) in subsection (3)(a), the words “and ticketing schemes” are repealed.

(6) Before section 29 insert— “ Ticketing schemes ”.

Directions about ticketing schemes

45

(1) The Transport (Scotland) Act 2001 is amended as follows.

(2) After section 32 insert—

(32A) (1) The Scottish Ministers may direct a local transport authority, or two or more such authorities, to exercise their power— (a) under section 29(1) to make a ticketing scheme, or (b) under section 31(5) to vary a ticketing scheme. (2) A direction under subsection (1) may specify— (a) ticketing arrangements or kinds of ticketing arrangements that operators of local services must be required to make and implement under the ticketing scheme, (b) provision of the kind mentioned in section 29(3B) that the ticketing arrangements must include, (c) the class of local services to which the scheme is to apply. (3) Before making a direction under subsection (1), the Scottish Ministers must consult the National Smart Ticketing Advisory Board. (4) A direction under subsection (1) must— (a) be in writing, and (b) be published (as soon as practicable after it is communicated to the local transport authority or authorities), and (c) set out the Scottish Ministers' reasons for making it. (5) The Scottish Ministers may revise or revoke a direction under subsection (1). (6) Subsection (4) applies to the revision or revocation of a direction under subsection (1) as it applies to such a direction.

Reports on ticketing arrangements and schemes

46

(1) The Transport (Scotland) Act 2001 is amended as follows.

(2) After section 32A insert—

(32B) (1) A local transport authority must, as soon as practicable after the end of each financial year, prepare and publish a report on the performance of their functions under sections 28 and 29. (2) The report is to include information on— (a) any determination made by the authority under section 28(1) during the year, (b) any arrangements the authority has made under section 28(4) during the year, including, in relation to the required ticketing arrangements to which those arrangements relate— (i) whether or not they are smart ticketing arrangements, (ii) the extent to which they comply with the national technological standard for smart ticketing, and (iii) where they are not smart ticketing arrangements or do not comply with the national technological standard for smart ticketing, the reasons for this, and (c) any ticketing schemes the authority has made, varied or revoked during the year. (3) The reference in subsection (2)(c) to ticketing schemes made, varied or revoked by the authority includes ticketing schemes made, varied or revoked by the authority and one or more other local transport authorities acting jointly.

Application of ticketing arrangements and schemes to trams

47

(1) Subject to the modification contained in subsection (2), the provisions of Chapter 3 of Part 2 of the Transport (Scotland) Act 2001 apply to any service for the carriage of passengers by tramway as they apply to the provision of a local service.

(2) Section 32(2) of the Transport (Scotland) Act 2001 does not apply.

(3) In subsection (1), “tramway” has the same meaning as in section 67(1) of the Transport and Works Act 1992.

(4) Section 54(2) of the Edinburgh Tram (Line One) Act 2006 is repealed.

(5) Section 54(2) of the Edinburgh Tram (Line Two) Act 2006 is repealed.

Guidance

48

(1) The Transport (Scotland) Act 2001 is modified as follows.

(2) In section 79(1) (guidance)—

(a) in paragraph (c), the words “ticketing schemes,” are repealed,

(b) after paragraph (c) insert—

(ca) local transport authorities in relation to— (i) their functions under section 28, (ii) ticketing schemes, and (iii) the preparation of reports under section 32B,

PART 5 — Travel concession schemes: application to community transport

Travel concession schemes: application to community transport

49

(1) The Transport Act 1985 is amended as follows.

(2) In section 93 (travel concession schemes), after subsection (7) there is inserted—

(7A) Not later than 12 months after the Transport (Scotland) Act 2019 receives Royal Assent, the Scottish Ministers must publish a report setting out their assessment of the costs and benefits of extending travel concession schemes established under this section to— (a) community bus services within the meaning of section 22(1) of this Act, and (b) such other transport services as the Scottish Ministers consider appropriate. (7B) In preparing a report under subsection (7A), the Scottish Ministers must consult— (a) each local authority, (b) each regional transport partnership, (c) such persons as the Scottish Ministers consider to be representative of community transport users. (7C) A report under subsection (7A)— (a) may be published in such format as the Scottish Ministers consider appropriate, and (b) must be laid before the Scottish Parliament.

PART 6 — Parking prohibitions

Pavement parking prohibition

50

(1) A person must not park a motor vehicle on a pavement (in this Part, this prohibition is referred to as the “pavement parking prohibition”).

(2) For the purposes of the pavement parking prohibition—

(a) a motor vehicle is parked on a pavement if—

(i) it is stationary, and

(ii) one or more of its wheels (or any part of them) is on any part of the pavement,

(b) a stationary motor vehicle is parked whether or not—

(i) the driver of the vehicle is in attendance at the vehicle,

(ii) the engine of the vehicle is running.

(3) The pavement parking prohibition is subject to the exceptions set out in section 55.

(4) In this section—

“footpath” is to be construed in accordance with section 151(2) of the Roads (Scotland) Act 1984 (and does not include a footpath mentioned in subsection (3)(a) or (b) of that section),

“footway” is to be construed in accordance with section 151(2) of that Act,

“motor vehicle” has the meaning given by section 185(1) of the Road Traffic Act 1988, except that—section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of that Act, andit does not include a heavy commercial vehicle (within the meaning given by section 20(1) of that Act) (but see section 19(1) of that Act),

“pavement” means a footpath or footway.

Exemption orders

51

(1) A local authority may make an order (in this Part, an “exemption order”) providing that the pavement parking prohibition does not apply to a footway within the local authority's area which is specified in the order.

(2) A footway may not be specified in an exemption order unless it, or the carriageway with which it is associated, has the characteristics specified by the Scottish Ministers in a direction under section 67(1).

(3) An exemption order—

(a) may apply to all or part of a footway,

(b) must apply—

(i) at all times, and

(ii) to all motor vehicles,

(4) If the local authority is not the traffic authority for the footway to which an exemption order is to apply, the local authority may not make the order unless the traffic authority for the footway consents to the making of the order.

(5) Subsection (4) applies to an order amending or revoking an exemption order as it applies to an exemption order.

(6) In subsection (2), “carriageway” is to be construed in accordance with section 151(2) of the Roads (Scotland) Act 1984.

Exemption orders: form and procedure

52

(1) The Scottish Ministers may by regulations make provision in connection with the making, amendment and revocation of exemption orders.

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

(a) the form of an exemption order (or an order amending or revoking an exemption order),

(b) the procedure to be followed in connection with the making, amendment or revocation of an exemption order,

(d) persons who must be consulted about a proposal and the manner and timing of that consultation,

(e) the process for making objections to a proposal,

(f) the process for considering any such objections, including the holding of inquiries and the appointment of a person to hold an inquiry,

(g) modification of a proposal (whether in consequence of an objection or otherwise),

(h) notice to be given or published of the making, amendment or revocation of an exemption order and the effect of the exemption order (or its amendment or revocation).

Exemption orders: traffic signs

53

(1) This section applies where a local authority (the “exempting authority”) makes an exemption order in relation to all or part of a footway.

(2) The traffic authority for the footway must—

(a) place, or secure the placement of, traffic signs in connection with the exemption order, and

(b) maintain, or secure the maintenance of, those signs.

(3) Where the traffic authority for the footway is not the exempting authority, the traffic authority may enter into an arrangement with the exempting authority under which the exempting authority is to—

(a) exercise the functions under subsection (2), or

(b) assist the traffic authority in connection with the exercise of those functions.

(4) Where the exempting authority enters into an arrangement mentioned in subsection (3)(a), section 65(1) of the Road Traffic Regulation Act 1984 (powers and duties of traffic authorities as to placing of traffic signs) applies to the exempting authority as it applies to the traffic authority for the footway.

(5) In subsection (2), “traffic signs” has the meaning given by section 64(1) of the Road Traffic Regulation Act 1984 (general provisions as to traffic signs).

Double parking prohibition

54

(1) A person must not park a motor vehicle on a carriageway in such a way that no part of the vehicle is within 50 centimetres of the edge of a carriageway (in this Part, this prohibition is referred to as the “double parking prohibition”).

(2) For the purposes of the double parking prohibition, a stationary motor vehicle is parked whether or not—

(a) the driver of the vehicle is in attendance at the vehicle,

(b) the engine of the vehicle is running.

(3) But a motor vehicle is not parked for those purposes if it is stationary—

(a) due to the necessities of traffic, or

(b) otherwise as a result of circumstances beyond the driver's control.

(4) The double parking prohibition is subject to the exceptions set out in section 55.

(5) In subsection (1)—

“carriageway” has the meaning given by section 51(6),

“edge of a carriageway” means—where the edge of the carriageway is marked by a painted solid white line, the edge of the painted line furthest from the centre of the carriageway,where the edge of the carriageway is not marked by a painted solid white line and is bounded by a kerb, the edge of the kerb closest to the centre of the carriageway,in any other case, where the surface of the carriageway meets the verge of the carriageway,

“motor vehicle” has the meaning given by section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of that Act.

Exceptions to pavement parking prohibition and double parking prohibition

55

(1) This section sets out exceptions to the pavement parking prohibition and the double parking prohibition.

(2) The pavement parking prohibition and the double parking prohibition do not apply where ...—

(a) the motor vehicle is being used—

(i) for police purposes, including for the purposes of the National Crime Agency,

(ii) for ambulance purposes or for the purpose of providing a response to an emergency at the request of the Scottish Ambulance Service Board,

(iii) for or in connection with the exercise of any function of the Scottish Fire and Rescue Service or Her Majesty's Coastguard, or

(iv) for naval, military or air force purposes,

(b) the achievement of the purposes, or the exercise of the function, would be likely to be hindered if the vehicle were not parked on a pavement or, as the case may be, as mentioned in section 54(1), and

(c) no part of the vehicle is within 1.5 metres of the pavement edge which is furthest away from the centre of the carriageway (however that edge is bounded).

(3) The pavement parking prohibition and the double parking prohibition do not apply where the motor vehicle—

(a) is being used for or in connection with—

(i) the undertaking of works in roads,

(ii) the removal of an obstruction to traffic,

(iii) the collection of waste by or on behalf of a local authority,

(iv) postal services (within the meaning of section 125(1) of the Postal Services Act 2000),

(b) cannot reasonably be so used without being parked on a pavement or, as the case may be, as mentioned in section 54(1),

(d) no part of the vehicle is within 1.5 metres of the pavement edge which is furthest away from the centre of the carriageway (however that edge is bounded).

(4) In subsection (3)(a)(i), “works in roads” includes—

(a) road works within the meaning given by section 107(3) of the New Roads and Street Works Act 1991,

(b) works for roads purposes within the meaning given by section 145(2) of that Act,

(d) cleaning, placing, removing or adjusting by or on behalf of a roads authority (within the meaning given by section 151(1) of the Roads (Scotland) Act 1984) of any equipment or structure which is placed on or over a road.

(5) The pavement parking prohibition and the double parking prohibition do not apply where—

(a) the motor vehicle is being used by a registered medical practitioner, registered nurse or registered midwife for or in connection with the provision of urgent or emergency health care,

(b) the provision of the care would be likely to be hindered if the vehicle were not parked on a pavement or, as the case may be, as mentioned in section 54(1),

(d) no part of the vehicle is within 1.5 metres of the pavement edge which is furthest away from the centre of the carriageway (however that edge is bounded).

(6) The pavement parking prohibition and the double parking prohibition do not apply where—

(a) the motor vehicle is, in the course of business—

(i) being used for the purpose of delivering goods to, or collecting goods from, any premises, or

(ii) being loaded from or unloaded to any premises,

(b) the delivery, collection, loading or unloading cannot reasonably be carried out without the vehicle being parked on a pavement or, as the case may be, as mentioned in section 54(1),

(c) no part of the vehicle is within 1.5 metres of the pavement edge which is furthest away from the centre of the carriageway (however that edge is bounded),

(d) the vehicle is so parked for no longer than is necessary for the delivery, collection, loading or unloading and in any event for no more than a continuous period of 20 minutes.

(7) The pavement parking prohibition and the double parking prohibition do not apply where the motor vehicle is parked wholly within a parking place that is—

(a) authorised by order under section 32(1)(b) of the Road Traffic Regulation Act 1984, or

(b) designated by order under section 45 of that Act.

(8) The pavement parking prohibition and the double parking prohibition do not apply where the motor vehicle is parked in accordance with permission given by a constable (within the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012) in uniform.

(9) The pavement parking prohibition and the double parking prohibition do not apply where—

(a) the person has parked the motor vehicle for the purpose of saving life or responding to another similar emergency,

(b) the achievement of that purpose would be likely to be hindered if the vehicle were not parked on a pavement or, as the case may be, as mentioned in section 54(1), and

(10) The pavement parking prohibition and the double parking prohibition do not apply where—

(a) the person has parked the motor vehicle for the purpose of providing assistance at an accident or breakdown,

(b) the assistance could not be safely or reasonably provided if the vehicle were not parked on a pavement or, as the case may be, as mentioned in section 54(1),

(d) no part of the vehicle is within 1.5 metres of the pavement edge which is furthest away from the centre of the carriageway (however that edge is bounded).

(11) In this section, “carriageway” has the meaning given by section 51(6).

(12) The Scottish Ministers may by regulations modify this section.

Dropped footway parking prohibition

56

(1) A person must not park a motor vehicle on a carriageway adjacent to a footway where, for the purpose of assisting pedestrians or cyclists to cross the carriageway—

(a) the footway has been lowered to meet the level of the carriageway, or

(b) the carriageway has been raised to meet the level of the footway.

(2) In this Part, the prohibition in subsection (1) is referred to as the “dropped footway parking prohibition”.

(3) In this section and section 57—

“carriageway” has the meaning given by section 51(6),

“footway” has the meaning given by section 50(4),

“motor vehicle” has the meaning given by section 54(5).

Exceptions to dropped footway parking prohibition

57

(1) This section sets out exceptions to the dropped footway parking prohibition.

(2) The dropped footway parking prohibition does not apply where the footway has been lowered or the carriageway has been raised as described in section 56(1) for the purpose of access to a driveway or to a garage (whether on commercial or residential premises).

(3) The dropped footway parking prohibition does not apply where—

(a) the person has parked the motor vehicle for the purpose of saving life or responding to another similar emergency,

(b) the achievement of that purpose would be likely to be hindered if the vehicle were not parked as mentioned in section 56(1),

Enforcement of parking prohibitions

Imposition of penalty charges

58

(1) Where a person parks a motor vehicle in contravention of the pavement parking prohibition, the double parking prohibition or the dropped footway parking prohibition, a penalty charge is payable in respect of the contravention.

(2) Where a local authority considers that a penalty charge is payable under subsection (1) in respect of a contravention occurring in its area, it may issue a notice imposing a penalty charge (a “penalty charge notice”) in accordance with regulations under section 59(1).

(3) A penalty charge notice may be issued under subsection (2) only on the basis of—

(a) conduct observed by an authorised enforcement officer, or

(b) a record produced by an approved device.

(4) A penalty charge imposed under subsection (2) is payable—

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

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

(5) The Scottish Ministers may by regulations, following consultation with such persons as they consider appropriate, make provision for or in connection with the amount that may be imposed as a penalty charge, which may include provision for discounts and surcharges.

(6) In this section—

“approved device” means a device approved under or in accordance with regulations under section 59(1),

“authorised enforcement officer” means an individual—appointed in connection with the enforcement of the pavement parking prohibition, the double parking prohibition or the dropped footway parking prohibition—by the local authority, orby a person with whom the local authority has entered into arrangements as mentioned in section 64, andin a uniform of a type determined by the local authority in accordance with any directions given under section 67(1),

“registered keeper”, in relation to a penalty charge imposed in connection with a motor vehicle, means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994 at the time of the contravention to which the penalty charge relates.

Enforcement of parking prohibitions

59

(1) The Scottish Ministers may by regulations, following consultation with such persons as they consider appropriate, make provision for or in connection with the enforcement of the pavement parking prohibition, the double parking prohibition and the dropped footway parking prohibition.

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

(a) the approval by the Scottish Ministers of devices to be used in connection with the detection of a contravention of a prohibition,

(b) the notification of a penalty charge, including the form, content and method of notification,

(d) reviews and appeals (including grounds of review or appeal) in connection with the imposition of penalty charges,

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

(f) steps that may be taken following the cancellation of a penalty charge, which may include the issuing of another penalty charge in respect of the same contravention.

(3) Regulations under subsection (1) may not confer power to stop motor vehicles.

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

(a) creating criminal offences to be triable summarily and punishable with a fine not exceeding level 5 on the standard scale or such lower amount as may be prescribed by the regulations,

(b) securing that a penalty charge is not required to be paid, or is to be refunded, where the conduct in respect of which the penalty charge is imposed is the subject of—

(i) criminal proceedings,

(ii) a fixed penalty notice (within the meaning of section 52(1) of the Road Traffic Offenders Act 1988),

(iii) a penalty charge notice issued under section 66(1) of the Road Traffic Act 1991 (as applied by an order under paragraph 1 or 2 of schedule 3 of that Act),

(c) securing that a record produced by an approved device is sufficient evidence of the fact recorded in the record in such circumstances as may be specified in the regulations.

Power to install approved devices

60

(1) A traffic authority may install and maintain, or secure the installation and maintenance of, approved devices on a road for use in connection with the detection of a contravention of—

(a) the pavement parking prohibition,

(b) the double parking prohibition, or

(2) The traffic authority may remove, or secure the removal of, anything installed under subsection (1).

(3) Where the traffic authority is not the local authority for the area in which a device is to be installed, the traffic authority may enter into an arrangement with that local authority under which the local authority is to—

(a) exercise the functions under subsection (1) in relation to the device, or

(b) assist the traffic authority in connection with the exercise of those functions.

(4) In subsection (1), “approved devices” has the meaning given by section 58(6).

Removal, moving and disposal of motor vehicles

Removal of motor vehicles parked contrary to parking prohibitions

61

(1) The Scottish Ministers may by regulations make provision for or about the removal from a road of a motor vehicle which is parked in contravention of the pavement parking prohibition, the double parking prohibition or the dropped footway parking prohibition.

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

(a) notification of the removal of a motor vehicle,

(b) storage of a motor vehicle that has been removed,

(d) charges that may be imposed in connection with the removal or storage of a motor vehicle,

(e) reviews and appeals (including grounds of review or appeal) in connection with the removal of a motor vehicle.

(3) Before making regulations under subsection (1), the Scottish Ministers must consult—

(a) such persons or organisations as appear to them to be representative of drivers and other road users, and

(b) such other persons as they consider appropriate.

Moving motor vehicles parked contrary to parking prohibitions

62

(1) The Scottish Ministers may by regulations make provision for or about the moving, from a position on a road to another position on the road or on another road, of a motor vehicle which is parked in contravention of—

(a) the pavement parking prohibition,

(b) the double parking prohibition, or

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

(a) notification of the moving of a motor vehicle,

(b) charges that may be imposed in connection with the moving of a motor vehicle,

(3) Before making regulations under subsection (1), the Scottish Ministers must consult—

(a) such persons or organisations as appear to them to be representative of drivers and other road users, and

(b) such other persons as they consider appropriate.

Disposal of removed motor vehicles

63

(1) The Scottish Ministers may by regulations make provision for or about the disposal of a motor vehicle which has been removed from a road pursuant to regulations under section 61(1).

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

(a) the procedure to be followed before a motor vehicle may be disposed of,

(b) the manner in which a motor vehicle may be disposed of,

(d) the application of any proceeds of the disposal of a motor vehicle, including any deductions from such proceeds,

(e) reviews and appeals (including grounds of review or appeal) in connection with the disposal of a motor vehicle,

(f) the effect of the disposal of a motor vehicle on any right of the Crown (based on the Crown's right of ownership in lost or abandoned property) in such a vehicle.

(3) Before making regulations under subsection (1), the Scottish Ministers must consult—

(a) such persons or organisations as appear to them to be representative of drivers and other road users, and

(b) such other persons as they consider appropriate.

Arrangements in connection with enforcement

64

A local authority may enter into arrangements with any person for the exercise by that person of any function conferred on the local authority by or under section 58(2), 59(1), 61(1), 62(1) or 63(1).

65

(1) A local authority may, in the circumstances mentioned in subsection (2), disclose relevant information to—

(a) the Secretary of State,

(b) a source specified in regulations made by the Scottish Ministers,

(2) The circumstances are that disclosure of the relevant information is—

(a) necessary to enable the local authority or enforcement agent to perform a function conferred by virtue of this Part, or

(b) otherwise necessary for or in connection with the enforcement of any of the parking prohibitions.

(3) Where relevant information is disclosed to an enforcement agent—

(a) the agent may only use the information, or subsequently disclose it to any other person, as is necessary for or in connection with the enforcement of any of the parking prohibitions, and

(b) any other person to whom the information is subsequently disclosed may only use it for the same purpose.

(4) In this section, “relevant information” means—

(a) in relation to disclosure under subsection (1)(a) or (b)—

(i) the make and model of a vehicle alleged by a local authority (or its enforcement agent) to have parked in contravention of any of the parking prohibitions,

(ii) details of which of those prohibitions is alleged to have been contravened,

(iii) the registration mark of that vehicle (assigned under section 23 of the Vehicle Excise and Registration Act 1994),

(iv) the date on which the alleged contravention took place,

(b) in relation to disclosure under subsection (1)(c)—

(i) the information mentioned in sub-paragraphs (i) to (iv) of paragraph (a),

(ii) the name and address of the registered keeper of the vehicle alleged by a local authority (or its enforcement agent) to have parked in contravention of any of the parking prohibitions,

(iii) the location where the vehicle is alleged to have parked in contravention of any of the parking prohibitions,

(iv) any record of an alleged contravention of any of the parking prohibitions produced by an approved device,

(v) any information or representations provided to the local authority by or on behalf of the registered keeper of a vehicle in connection with any review or appeal made by virtue of regulations made under section 59(1).

(5) For the purposes of this section—

(a) an “enforcement agent” is a person with whom the local authority has entered into arrangements by virtue of section 64,

(b) the “parking prohibitions” are the pavement parking prohibition, the double parking prohibition and the dropped footway parking prohibition.

(6) Nothing in this section authorises a disclosure of any information that would be in contravention of the Data Protection Act 2018.

Accounts

66

The Scottish Ministers may by regulations make provision for or about—

(a) the keeping of accounts by local authorities in connection with their functions under this Part,

(b) the purposes for which a surplus in such an account may be applied, and

Ministerial directions and guidance

Ministerial directions

67

(1) The Scottish Ministers may direct local authorities in connection with the exercise of their functions under this Part.

(2) A direction under subsection (1) may, in particular—

(a) specify assessments to be carried out in connection with the making of exemption orders,

(b) make provision relating to uniforms to be worn by authorised enforcement officers,

(3) A direction under subsection (1)—

(a) may be general or relate to a particular function or local authority,

(b) may be given to—

(i) each local authority,

(ii) a particular local authority in relation to the whole or part of the area of the local authority,

(iii) local authorities of a particular description,

(i) be in writing,

(ii) be published in such manner as the Scottish Ministers consider appropriate as soon as reasonably practicable after it is given.

(4) The Scottish Ministers may revise or revoke a direction under subsection (1).

(5) The Scottish Ministers may, in particular, revise a direction under subsection (1) which is given to each local authority so that it—

(a) ceases to apply to—

(i) a particular local authority in relation to the whole or part of the area of the local authority,

(ii) local authorities of a particular description,

(b) applies with modifications to—

(i) a particular local authority in relation to the whole or part of the area of the local authority,

(ii) local authorities of a particular description.

(6) Subsection (3)(c) applies to the revision or revocation of a direction under subsection (1) as it applies to such a direction.

(7) In subsection (2)(b), “authorised enforcement officers” has the meaning given by section 58(6).

Ministerial guidance

68

(1) The Scottish Ministers may, following consultation with such persons as they consider appropriate, issue written guidance in relation to the exercise of functions conferred on a local authority (whether as a local authority or as a traffic authority) by virtue of this Part.

(2) A local authority must have regard to any written guidance given by the Scottish Ministers about the exercise of functions conferred on it (whether as a local authority or as a traffic authority) by virtue of this Part.

(3) The Scottish Ministers must publish any such guidance in such manner as they consider appropriate as soon as reasonably practicable after it is given.

Interpretation of Part 6

69

In this Part—

“double parking prohibition” has the meaning given by section 54(1),

“dropped footway parking prohibition” has the meaning given by section 56(2),

“exemption order” has the meaning given by section 51(1),

“footway” has the meaning given by section 50(4),

“motor vehicle”—in relation to the pavement parking prohibition, has the meaning given by section 50(4),in relation to the double parking prohibition and the dropped footway parking prohibition, has the meaning given by section 54(5),

“pavement” has the meaning given by section 50(4),

“pavement parking prohibition” has the meaning given by section 50(1),

“road” has the meaning given by section 151(1) of the Roads (Scotland) Act 1984,

“traffic authority” means, in relation to a footway, the body which has the function of making traffic regulation orders under section 1 of the Road Traffic Regulation Act 1984.

PART 7 — Workplace parking

Workplace parking licensing schemes

70

(1) A workplace parking licensing scheme is a scheme under which a local authority may—

(a) require a person to hold a licence in order to provide workplace parking places (see section 71) at premises in the area to which the scheme relates, and

(b) charge for such a licence on the basis of the number of places specified in the licence.

(2) A workplace parking licensing scheme must specify—

(a) the area of the local authority to which the scheme relates, which must be specified by reference to an area on a map (the “licensing area”),

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

(d) the days on which, and hours during which, a licence is required,

(e) the charges payable on licences (expressed as a specified sum of money for each workplace parking place provided),

(f) any persons, premises or motor vehicles (or descriptions of such persons, premises or motor vehicles) that are exempt from the scheme or from paying charges under it (see sections 78 and 79), and

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Transport (Scotland) Act 2019

Information relating to services

Provision of service information when varying or cancelling registration

39

Provision of information about bus services

40

PART 4 — Ticketing arrangements and schemes

Ticketing arrangements

41

National technological standard for smart ticketing

42

National Smart Ticketing Advisory Board

43

Ticketing schemes

44

Directions about ticketing schemes

45

Reports on ticketing arrangements and schemes

46

Application of ticketing arrangements and schemes to trams

47

Guidance

48

PART 5 — Travel concession schemes: application to community transport

Travel concession schemes: application to community transport

49

PART 6 — Parking prohibitions

Pavement parking prohibition

Pavement parking prohibition

50

Exemption orders

51

Exemption orders: form and procedure

52

Exemption orders: traffic signs

53

Double parking prohibition

Double parking prohibition

54

Exceptions to pavement parking prohibition and double parking prohibition

Exceptions to pavement parking prohibition and double parking prohibition

55

Dropped footway parking prohibition

Dropped footway parking prohibition

56

Exceptions to dropped footway parking prohibition

57

Enforcement of parking prohibitions

Imposition of penalty charges

58

Enforcement of parking prohibitions

59

Power to install approved devices

60

Removal, moving and disposal of motor vehicles

Removal of motor vehicles parked contrary to parking prohibitions

61

Moving motor vehicles parked contrary to parking prohibitions

62

Disposal of removed motor vehicles

63

Arrangements in connection with enforcement

Arrangements in connection with enforcement

64

Information sharing

Power to share information

65

Accounts

Accounts

66

Ministerial directions and guidance

Ministerial directions

67

Ministerial guidance

68

Interpretation of Part 6

Interpretation of Part 6

69

PART 7 — Workplace parking

Workplace parking licensing schemes