Transport (Scotland) Act 2019

Exemptions

78 Exemptions etc.

(1) A workplace parking licensing scheme must provide for the exemptions described in section 79.

(2) A workplace parking licensing scheme may otherwise provide for—

(a) specific premises, or premises of a specified description,

(b) premises with a specified number of parking places (or fewer), or

(c) descriptions of persons or motor vehicles (including descriptions by reference to any parking places provided for the exclusive use of such persons or motor vehicles),

to be exempt from the scheme or from paying charges under the scheme.

(3) The same premises must not be subject to more than one workplace parking licensing scheme at the same time.

(4) The Scottish Ministers may by regulations, following consultation with such persons as they consider appropriate, make further provision in relation to exemptions, including by—

(a) exempting from workplace parking licensing schemes (or requiring schemes to exempt) such premises, persons or vehicles (or descriptions of premises, persons or vehicles) as may be specified in the regulations, and

(b) prohibiting the exemption from schemes of premises, persons or vehicles of such descriptions as may be specified in the regulations.

79 National exemptions

(1) The following workplace parking places are to be exempt from charges under a workplace parking licensing scheme—

(a) places for the exclusive use of persons using motor vehicles displaying a badge issued—

(i) under section 21 of the Chronically Sick and Disabled Persons Act 1970,

(ii) under a provision of the law of Northern Ireland corresponding to that section, or

(iii) by a member state of the EU for purposes corresponding to the purposes of that section,

(b) subject to subsection (2)(b), places at qualifying NHS premises, and

(c) places at hospices (that is, premises used for the purpose of caring for the dying or incurably ill).

(2) A workplace parking licensing scheme may—

(a) require premises with workplace parking places mentioned in subsection (1) to hold a workplace parking licence in respect of the places, and

(b) specify that workplace parking places at qualifying NHS premises that are provided for persons who do not provide services for the health service within the meaning of section 108(1) of the National Health Service (Scotland) Act 1978 (“the 1978 Act”) are not to be exempt from charges under a workplace parking licensing scheme.

(3) In this section, “qualifying NHS premises” means—

(a) a health service hospital within the meaning of section 108(1) of the 1978 Act or a state hospital within the meaning of section 102(2) of that Act,

(b) any other premises occupied by a Health Board or Special Health Board constituted under section 2(1) of the 1978 Act,

(c) premises that are (or such part of premises as is) used wholly or mainly for the provision of primary medical services as construed in accordance with section 2C(5) of the 1978 Act, and

(d) such other similar premises as the Scottish Ministers may specify under section 78(4).