Temporary suspension for events
73.Section 24 allows a local authority to temporarily suspend a low emission zone scheme to accommodate an event, held in or near the zone, which it considers to be of national importance or significant local importance. It is for a local authority to decide both whether an event meets these criteria and also whether it wishes to exercise its power to suspend all or part of the zone in cases where it is open to it to do so. A local authority might, for example, choose to exercise this power in connection with an event such as the Commonwealth Games or the Ryder Cup being held in Scotland, or a festival which has become of national significance to Scotland, such as the Edinburgh Festival, but also for events of significant local importance.
74.The Act also provides direction on the extent of the ‘temporary’ nature of a suspension. A local authority looking to suspend the operation of an LEZ in whole, or in part, for longer than 7 days would need to obtain the prior approval of the Scottish Ministers.
75.This power is in addition to the ability of the scheme itself (as made or amended) to set different hours of operation from the default position, under section 18. So it would be open to a local authority which plays host to a recurring event of this nature to deal with it instead by seeking approval for a zone which, instead of operating 52 weeks a year, operates with a gap during the known period of the event. However, this power will allow a local authority to accommodate an event which is less predictable in its timing or location. It may also be relied upon by a local authority which does not wish to create a scheme with an automatic suspension in the period of operation built into it.
