Transport (Scotland) Act 2019

Enforcement

83 Penalty charges

(1) The Scottish Ministers may by regulations, following consultation with such persons as they consider appropriate, make provision for or in connection with—

(a) the imposition of charges (“penalty charges”) in respect of acts, omissions, events or circumstances relating to, or connected with, workplace parking licensing schemes, and

(b) the notification, payment, adjudication and enforcement of penalty charges.

(2) Penalty charges in respect of any premises must be paid by—

(a) the occupier of the premises, or

(b) in such circumstances as may be specified, such other person as may be specified.

(3) Without limit to the generality of subsection (1), regulations made under it—

(a) may make, or may permit or require workplace parking licensing schemes to include, provision—

(i) about the imposition of penalty charges in specified circumstances,

(ii) about the timing and manner of payment of penalty charges,

(iii) specifying the amount of penalty charges, including any reduced penalty charges or increased penalty charges and the circumstances in which such reduced or increased penalty charges are payable,

(iv) about reviews of, and appeals against, decisions in relation to penalty charges,

(v) about the cancellation of penalty charges,

(b) may make provision—

(i) requiring local authorities to serve a notice of a penalty charge on any person it believes to be liable to pay such a charge,

(ii) about the form and content of such a notice,

(iii) about the way that compliance with such a notice may be enforced.

(4) In this section “specified” means specified in regulations made under subsection (1).

84 Evidence from approved devices

The Scottish Ministers may by regulations make provision for or in connection with permitting evidence of a fact relevant to proceedings for an offence under this Part, or proceedings in respect of a failure to comply with the provisions of a workplace parking licensing scheme, to be given by production of—

(a) a record produced by a device specified in, or approved in accordance with, the regulations, and

(b) a certificate (whether in the same or another document) as to the circumstances in which the record was produced authenticated in a manner specified in the regulations.

85 Enforcement powers

(1) An authorised person may—

(a) enter any premises in the licensing area of a workplace parking licensing scheme (other than any premises that is used as a dwelling),

(b) require the production of information relating to the requirement to hold a licence under a scheme, and specify the form in which the information is to be produced,

(c) take copies of, or take possession of, information (in whatever form) which relates to the requirement to hold a licence under a scheme and retain if for as long as the authorised person considers necessary.

(2) The powers in subsection (1) may be exercised only for the purposes of—

(a) establishing if workplace parking places are being provided at the premises either—

(i) without a licence, or

(ii) without a licence in respect of all of the places being provided,

(b) establishing if there is, or has been, any contravention of the conditions of a licence in respect of the premises,

(c) serving notice of a penalty charge.

(3) In this section and sections 86 and 87, “authorised person” means a person who is authorised by a local authority to exercise functions under this section in respect of a workplace parking licensing scheme made by it.

86 Enforcement powers: warrants

(1) This section applies to the powers conferred by section 85(1).

(2) A sheriff may grant a warrant under this subsection only if the sheriff is satisfied, by evidence on oath—

(a) that there are reasonable grounds for entering premises for a purpose specified in section 85(2), and

(b) that—

(i) entry to the premises has been refused,

(ii) such a refusal is reasonably expected,

(iii) the premises are unoccupied, or

(iv) the occupier is temporarily absent.

(3) A warrant authorises an authorised person—

(a) to enter the premises,

(b) to exercise any other power conferred by section 85(1), and

(c) if necessary, to use reasonable force in doing so.

(4) A warrant expires—

(a) 28 days after the day on which the warrant was granted, or

(b) if earlier, when any period as is specified in it for the purpose for which it was granted expires.

87 Enforcement powers: further provision

(1) This section applies to the powers conferred by section 85(1) (whether exercised by virtue of that section or under a warrant granted under section 86).

(2) The power of entry may be exercised only at a reasonable time of day.

(3) An authorised person seeking to exercise a power must, on request, produce evidence of the person’s identity and authorisation before exercising the power.

(4) An authorised person may take on to the premises such other persons, and such materials and equipment, as the authorised person considers necessary.

(5) If an authorised person enters the premises by virtue of a warrant, the authorised person must, if taking possession of anything under section 85(1)(c), leave a statement on the premises giving particulars of what has been taken and by whom.

(6) On leaving any premises which an authorised person is authorised to enter under a warrant, the person must, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against entry as the person found them.

(7) A person commits an offence if the person—

(a) without reasonable excuse, fails to comply with a requirement of an authorised person, or

(b) intentionally obstructs an authorised person in the exercise of a power conferred by section 85(1).

(8) A person who commits an offence under subsection (7) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum, and

(b) on conviction on indictment, to a fine.

88 Power of entry: Crown land

(1) The power of entry conferred under section 85(1)(a) is exercisable in relation to Crown land specified in column 1 of the following table only with the consent of the person specified in the corresponding entry in column 2 of the table (the “appropriate authority”).

Crown land	Appropriate authority
Land an interest in which belongs to Her Majesty in right of the Crown and which forms part of the Crown Estate (that is, the property, rights and interests under the management of the Crown Estate Commissioners)	The Crown Estate Commissioners
Land an interest in which belongs to Her Majesty in right of the Crown and which forms part of the Scottish Crown Estate	The person managing the land
Land an interest in which belongs to Her Majesty in right of the Crown other than land forming part of the Crown Estate or the Scottish Crown Estate	The office-holder in the Scottish Administration or, as the case may be, the Government department managing the land
Land an interest in which belongs to Her Majesty in right of Her private estates	The person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers
Land an interest in which belongs to an office-holder in the Scottish Administration	The office-holder in the Scottish Administration
Land an interest in which belongs to a Government department	The Government department
Land an interest in which is held in trust for Her Majesty by an office-holder in the Scottish Administration for the purposes of the Scottish Administration	The office-holder in the Scottish Administration
Land an interest in which is held in trust for Her Majesty for the purposes of a Government department	The Government department

(2) In subsection (1)—

(a) the reference to Her Majesty’s private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862,

(b) “Government department” means a department of the Government of the United Kingdom,

(c) “Scottish Crown Estate” means the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies.

(3) It is for the Scottish Ministers to determine any question that arises as to who in accordance with subsection (1) is the appropriate authority in relation to any land, and their decision is final.

89 Interpretation of Part

In this Part—

• “licence” means a licence under a workplace parking licensing scheme,

• “licensing area” is to be construed in accordance with section 70(2),

• “local transport strategy”, in relation to a local authority, means a strategy prepared by a local transport authority or a local traffic authority, that relates to transport in the local authority’s area,

• “motor vehicle” means a motor vehicle within the meaning of 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,

• “net proceeds” has the meaning given in section 81,

• “penalty charge” is to be construed in accordance with section 83(1),

• “workplace parking licensing scheme” is to be construed in accordance with section 70(1),

• “workplace parking place” is to be construed in accordance with section 71.