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The Road User Charging (Consultation and Publication) (Scotland) Regulations 2003

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Scottish Statutory Instruments

2003 No. 292

TRANSPORT

The Road User Charging (Consultation and Publication) (Scotland) Regulations 2003

Made

5th June 2003

Laid before the Scottish Parliament

6th June 2003

Coming into force

1st July 2003

The Scottish Ministers, in exercise of the powers conferred by sections 50(3) and 81(2) of the Transport (Scotland) Act 2001(1), and of all other powers enabling them in that behalf, hereby make the following regulations:

Citation and commencement

1.  These Regulations may be cited as the Road User Charging (Consultation and Publication) (Scotland) Regulations 2003 and shall come into force on 1st July 2003.

Interpretation

2.—(1) In these Regulations–

the Act” means the Transport (Scotland) Act 2001;

“Crown road” and “the appropriate Crown Authority” have the same meanings as in section 131(7) of the Road Traffic Regulation Act 1984(2);

“fire authority” has the same meaning as in the Fire Services Act 1947(3);

“notice of proposals” in relation to a charging scheme means the notice required to be published under regulation 4(a);

“objector” means any person who has objected to a proposed charging scheme and has not withdrawn the objection;

“operative date” means the date or dates on which any provision of the charging scheme comes into force;

“Passenger Transport Authority” has the same meaning as in section 9(1) of the Transport Act 1968(4)

“police area” has the same meaning as in section 1(2) of the Police (Scotland) Act 1967(5);

“public passenger transport services” has the same meaning as in the Transport Act 1985(6);

“road to which the charging scheme relates” refers to any road that is, or is proposed to be, subject to a charge imposed by virtue of a charging scheme; and

“relevant map”, in relation to a charging scheme, means a map complying with the requirements of Schedule 4.

(2) A reference in these Regulations to anything done in writing includes a reference to an electronic communication as detailed in the Electronic Communications Act 2000(7).

(3) Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations and a reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph bearing that number in that regulation or Schedule.

(4) Any reference in these Regulations to a charging authority shall, in relation to a charging scheme made or proposed to be made jointly by more than one authority, be construed as a reference to those authorities.

Consultation

3.—(1) The charging authority shall in all cases consult–

(a)the chief constable of any police force for the police area in which any road to which the charging scheme relates is situated;

(b)the chief officer of the Scottish Ambulance Service;

(c)the fire authority;

(d)the Road Haulage Association;

(e)the Freight Transport Association;

(f)the Automobile Association;

(g)the Royal Automobile Club; and

(h)such other organisations representing persons or individuals likely to be affected by any provision in the proposed charging scheme as the charging authority thinks appropriate.

(2) In the cases specified in column 1 of the table below the charging authority shall also consult the person or persons specified in the corresponding entry in column 2 of that table.

TABLE

Column 1Column 2
Where the charging scheme appears to the charging authority to be likely to affect traffic on a road for which another authority is the local traffic authority.The other authority.
Where the charging scheme appears to the charging authority to be likely to affect traffic on a Crown road.The appropriate Crown authority.
Where the charging scheme appears to the charging authority to be likely to affect traffic on a road on which public passenger transport services are provided.The operator of the service and the Passenger Transport Authority, if any, for the area in which those services are provided.

(3) In consulting any person as required by paragraphs (1) or (2) the charging authority shall provide that person with the information specified in paragraph (6).

(4) Any person consulted under paragraphs (1) or (2) may make such representations on the proposed charging scheme to the charging authority as they consider appropriate.

(5) Any representations made by a person under paragraph (4) shall be submitted to the charging authority within 3 months of the date on which the charging authority provides that person with the information specified in paragraph (6).

(6) Each person consulted under paragraph (1) or (2) shall be provided by the charging authority with the following:–

(a)a draft of the order which would make the proposed charging scheme;

(b)a copy of the relevant map;

(c)a copy of a statement by the charging authority setting out the reasons why the proposed charging scheme should be made; and

(d)any other information on the proposed charging scheme which the charging authority considers necessary or appropriate.

(7) The charging authority shall prepare and publish a report detailing the persons consulted under paragraphs (1) and (2) and any representations made under paragraph (4) and any report so prepared shall indicate the extent to which the charging authority will implement any proposals contained in any representations so made.

Publication of proposals

4.  After completing the consultations referred to in regulation 3 but before submitting the order making the charging scheme to Scottish Ministers in accordance with section 51(1) of the Act the charging authority shall–

(a)publish at least once in a local newspaper circulating in any area in which there is situated a road to which the proposed charging scheme relates, a notice of proposals containing the particulars specified in Part I of Schedule 1;

(b)send a copy of the report prepared under regulation 3(7) to the persons consulted under regulation 3(1) and (2);

(c)take such other steps as they consider appropriate for ensuring that adequate publicity about the charging scheme is given to persons likely to be affected by its provisions and, without prejudice to the generality of this paragraph, such other steps may include–

(i)publication of a notice in the Edinburgh Gazette;

(ii)the display of notices in accordance with Schedule 2 in any road to which the charging scheme relates;

(iii)the delivery of notices or letters to all persons appearing to the charging authority to be likely to be significantly affected by any provision in the proposed charging scheme; and

(iv)posting a copy of a draft of the order which would make the proposed charging scheme and a description of the consultation arrangements on any internet web site for the charging authority; and

(d)comply with the requirements of paragraph 1(a),(b) and (c) of Schedule 3.

Objections

5.—(1) Before the end of the objection period mentioned in paragraph (3), any person may object to the making of the proposed charging scheme.

(2) Any objection made under paragraph (1) shall be in writing and contain a statement of the grounds of the objection and shall be sent to the address specified in the notice published under regulation 4(a), as required by paragraph 5 of Part 1 of Schedule 1.

(3) The objection period shall be such period as may be specified in the notice published under regulation 4(a), being a period of not fewer than 28 days beginning with the date on which that notice is published.

(4) At the end of the objection period specified in paragraph (3) the charging authority shall prepare and publish a report detailing–

(a)the number of objections received;

(b)a summary of the general nature of the objections received;

(c)the charging authority’s response to the objections received; and

(d)whether the charging authority intend to cause an inquiry to be held under section 52(4) of the Act and, if so, the date, time and place at which, and the person or persons by whom, the inquiry will be held.

(5) A copy of any report prepared under paragraph (4) shall be submitted to the Scottish Ministers and shall be made available for public inspection in accordance with paragraph 1(d) of Schedule 3.

Making of Order

6.—(1) The order making the charging scheme shall specify the date on which it is made.

(2) Within 7 days of making the order the charging authority shall submit to the Scottish Ministers for their confirmation the order making the charging scheme.

(3) The charging authority must provide the Scottish Ministers with any information requested by the Scottish Ministers for the purpose of enabling them to decide whether or not to confirm the order.

(4) The order making the charging scheme shall come into force following confirmation by the Scottish Ministers on such date or dates as the charging authority may determine.

Notice of making of the charging scheme

7.  When the order making the charging scheme has been confirmed by the Scottish Ministers the charging authority shall–

(a)as soon as reasonably practicable–

(i)give notice in writing of the making of the charging scheme to the chief constable of the police area in which any road to which the charging scheme relates is situated;

(ii)give notice in writing to each objector of the charging authority’s reasons for making the charging scheme notwithstanding the objection; and

(iii)comply with the requirements of Schedule 3;

(b)within 14 days of the making of the charging scheme publish once in a local newspaper circulating in the area in which any road to which the charging scheme relates is situated a notice of the making of the charging scheme containing the particulars specified in Part II of Schedule 1; and

(c)if considered necessary by the charging authority within the same period publish a similar notice in the Edinburgh Gazette.

Varying and revoking orders making charging schemes

8.  When varying or revoking any charging scheme the charging authority shall comply with the requirements set out in regulations 3, 4, 5, 6 and 7 as though the references to making the charging scheme were references to varying or revoking it.

NICOL STEPHEN

A member of the Scottish Executive

St Andrew’s House, Edinburgh

5th June 2003

Regulations 4(a) and 7(b)

SCHEDULE 1PARTICULARS TO BE INCLUDED IN PRESS NOTICES

PART IPARTICULARS TO BE INCLUDED IN THE NOTICE OF PROPOSALS

1.  The name of the charging authority.

2.  A description of the proposed charging scheme.

3.  A statement of the general nature and effect of the charging scheme.

4.  Each address at which a copy of the proposed charging scheme, a copy of the relevant map, and a copy of the statement referred to in regulation 3(6)(c) can be inspected, and the times when inspection can take place at each such address.

5.  The date of the end of the objection period mentioned in regulation 5(3), the address at which objections to the charging scheme can be lodged, and a statement that all objections must be made in writing and must specify the grounds of objection.

PART IIPARTICULARS TO BE INCLUDED IN THE NOTICE OF MAKING THE CHARGING SCHEME

1.  The name of the charging authority.

2.  A description of the charging scheme as confirmed.

3.  The date of the making of the charging scheme, the date on which it was confirmed by the Scottish Ministers and the date or dates on which it comes into force.

4.  The issue number, if any, and date of issue of the newspaper or if applicable of the Edinburgh Gazette containing the relevant notice of proposals previously published under regulation 4(c)(i).

5.  Each address at which a copy of the charging scheme, as confirmed, and a copy of the relevant map can be inspected, and the times when inspection can take place at each such address.

Regulation 4(c)(ii)

SCHEDULE 2REQUIREMENTS AS TO NOTICES TO BE DISPLAYED IN A ROAD TO WHICH THE CHARGING SCHEME RELATES

PART IPARTICULARS TO BE INCLUDED IN THE NOTICE

1.  The name of the charging authority.

2.  A description of the proposed charging scheme.

3.  A statement of the effect of the charging scheme in relation to the road or other place where it is displayed including details of its purpose, design and facilities.

4.  An address at which a copy of the proposed charging scheme, a copy of the relevant map and a copy of the statement referred to in regulation 3(6)(c) can be inspected, and the times when such inspection can take place.

5.  Where the notice is a notice of proposals, the address to which, and the date on or before which objections to the charging scheme can be made, such date being the date of the end of the objection period mentioned in regulation 5(3), and a statement that all objections must be made in writing and must specify the grounds thereof.

PART IIOTHER REQUIREMENTS AS TO THE DISPLAY OF THE NOTICE

1.  For a road to which the charging scheme relates, the notice shall be displayed in a prominent position at or near each end of the road and in such other positions as the charging authority think necessary for securing that adequate information about the subject matter of the notice is given to persons using the road.

2.  The notice shall first be so displayed at the same time as the corresponding notice is first published in the local newspaper in accordance with regulation 4(a) and the charging authority shall take all reasonable steps to ensure that it remains in a legible condition and continues to be so displayed until the end of the objection period.

Regulations 4(d), 5(5) and 7(a)(iii)

SCHEDULE 3REQUIREMENTS AS TO THE AVAILABILITY OF DOCUMENTS FOR INSPECTION

1.  There shall be available for inspection at the charging authority’s offices and any local library during normal office hours, and (if the charging authority think fit) at such other places within the charging authority’s area and during such times respectively at those places as the charging authority may determine, the following documents:–

(a)in the case of a proposed charging scheme, a copy of that scheme and of the statement referred to in regulation 3(6)(c);

(b)a copy of the relevant map;

(c)a copy of any report prepared under regulation 3(7);

(d)a copy of any report prepared under regulation 5(4);

(e)in the case of a charging scheme made after the holding of an inquiry, a copy of the report and the recommendations (if any) of the person before whom the inquiry was held;

(f)a copy of the scheme as confirmed together with a statement of the date or dates on which it comes into force.

Regulation 2(1)

SCHEDULE 4REQUIREMENTS AS TO THE MAP

1.—(1) The map shall clearly indicate by distinctive colours, symbols or markings each road to which the charging scheme relates.

(2) Where the map is neither specifically referred to in the text of the charging scheme nor made a part of the charging scheme, the map shall be for the purposes of illustration only and the matter indicated on it shall not prevail over the actual text of the charging scheme in the event of any discrepancy between the map and the text.

Explanatory Note

(This note is not part of the Regulations)

These Regulations relate to Part 3 of the Transport (Scotland) Act 2001 which enable road user charging schemes (“charging schemes”) to be made.

Any charging scheme will be contained in an order made by the charging authority. Regulation 6 makes provision as respects the form that the order should take.

Regulation 3 makes provision for consultation including detailing the persons and organisations who have to be consulted about the proposed charging scheme and the information they have to be provided with. It also makes provision for the publication of a report following consultation and for the availability of that report in accordance with Schedule 3.

Regulation 4 makes provision for publishing a notice of proposals containing the particulars specified in Part I of Schedule 1 and for the display of notices as specified in Schedule 2. It also enables the charging authority to carry out any other step it considers appropriate to ensure that the charging scheme is adequately publicised and provides for documents to be made available for public inspection as detailed in Schedule 3.

Regulation 5 makes provision for objections to the charging scheme and for the publication of a report by the charging authority on the objections received. The report prepared is to be available for public inspection in accordance with Schedule 3.

Regulation 7 outlines the procedure to be followed when the charging scheme has been made including the particulars to be provided as detailed in Part II of Schedule 1 and the requirements as to the availability of documents detailed in Schedule 3.

Regulation 8 sets out the procedure to be followed when an order making a charging scheme is to be varied or revoked.

(2)

1984 c. 27. Section 131(7) was amended by the Roads (Scotland) Act 1984 (c. 54), Schedule 9, paragraph 93(41)(b) and the New Roads and Street Works Act 1991 (c. 22), Schedule 8, paragraph 75.

(4)

1968 c. 73, as substituted by the Transport Act 1985 ss. 57(6), 139(3), Sch. 3 para. 3, Sch. 8.

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