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Transport (Scotland) Act 2019

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8Enforcement

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

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

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

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

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

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

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

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

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

(a)creating offences,

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

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

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