Transport (Scotland) Act 2019

Performance of a scheme

30 Direction to carry out a review

(1) The Scottish Ministers may give a direction to a local authority requiring it to carry out a review of the operation and effectiveness of a low emission zone scheme operated by it.

(2) Without prejudice to the generality of subsection (1), a local authority may, from time to time, carry out a review of the operation and effectiveness of a low emission zone scheme operated by it.

(3) A review must include—

(a) an assessment of whether the scheme’s objectives are being achieved or are likely to be achieved within a reasonable period,

(b) an assessment of the ways (if any) in which the scheme’s objectives are not being achieved or are not likely to be achieved within a reasonable period,

(c) the identification of any areas of the zone to which the scheme relates in which the scheme’s objectives are not being achieved or are not likely to be achieved within a reasonable period,

(d) such other matters—

(i) in the case of a review under subsection (1), as are specified in the direction by the Scottish Ministers, or

(ii) in the case of a review under subsection (2), as the local authority considers appropriate.

(4) On completion of a review, the local authority must—

(a) prepare a report of the review’s findings, and

(b) give a copy of the report to the Scottish Ministers.

(5) A direction under subsection (1) must—

(a) be in writing,

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

(6) The Scottish Ministers may amend or revoke a direction given under subsection (1).

(7) Subsection (5) applies to the amendment or revocation of a direction under subsection (1) as it applies to the direction.

31 Action following a review

(1) After receiving a report under section 30, the Scottish Ministers may give a direction to a local authority requiring it to take such steps as are specified in the direction if the Scottish Ministers consider that—

(a) the scheme’s objectives are not being achieved, and are not likely to be achieved within a reasonable period,

(b) the local authority has failed to discharge any duty imposed on it under or by virtue of this Part,

(c) the actions, or proposed actions, of the local authority in purported compliance with provision made under or by virtue of this Part are inappropriate in all the circumstances of the case, or

(d) developments in science or technology, or material changes in circumstances, have rendered inappropriate the actions or proposed actions of a local authority in pursuance of the provision made under or by virtue of this Part.

(2) A direction under subsection (1) must—

(a) be in writing,

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

(3) The Scottish Ministers may amend or revoke a direction given under subsection (1).

(4) Subsection (2) applies to the amendment or revocation of a direction under subsection (1) as it applies to the direction.