Information sharing
71.Section 23 outlines the powers to share information, which is required in order to establish if a low emission zone contravention has occurred. This section enables the responsible body (e.g. local authorities) to disclose ‘relevant information’ to another responsible body; the Secretary of State (DVLA); another source specified by Scottish Ministers in regulations as outlined in section 7(2); and the responsible body’s enforcement agent in connection with section 8.
72.Where the information has been disclosed to an enforcement agent, they may only use it or subsequently disclose it as is necessary for or in connection with the enforcement of the low emission zone. Section 23(4)(a) sets out what counts as relevant information where the disclosure by a responsible body is to another responsible body, the Secretary of State (DVLA), or another source specified by Scottish Ministers in regulations under section 7(2). , In respect of those types of disclosure relevant information is the make and model of the vehicle alleged to have been in contravention of the low emission zone, registration details and date of alleged contravention. As regards relevant information disclosed by a responsible body to an enforcement agent, as well as the information set out in section 23(4)(a), under section 23(4)(b) further ‘relevant information’ can then be disclosed to the enforcement agent. This includes the name and address of the registered keeper; the time and location where the vehicle is alleged to have driven within the zone; any record of the alleged contravention of section 6(1) produced by an approved device; records obtained certifying a vehicle’s emission standard (by virtue of section 7(2)); as well as any information or representations provided to the local authority by or on behalf of the registered keeper in connection with any review or appeal.
