Exemption orders – section 51
345.Subsection (1) provides that a local authority may make an order (“an exemption order”) providing that the pavement parking prohibition does not apply to a footway within its area that is specified in the exemption order.
346.Subsection (2) provides that a local authority may not specify a footway in an exemption order unless the footway, or the carriageway with which the footway is associated, has the characteristics that are specified in a direction given by the Scottish Ministers under section 56(1).
347.While an exemption order may apply to all or part of a footway, it may not apply only at certain times or to certain classes of vehicle or be subject to any conditions (see subsection (3)).
348.Where the local authority that is proposing to make an exemption order is not the traffic authority for the footway concerned, the local authority may not make the order without the traffic authority’s consent (see subsection (4)).
349.An exemption order is not a Scottish statutory instrument within the meaning of section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (the “2010 Act”), so no parliamentary procedure applies to the making (or amendment or revocation) of such an order. But an exemption order is a “Scottish instrument” for the purposes of Part 1 of the 2010 Act, meaning that the power conferred by subsection (1) to make an order includes a power to revoke, amend or re-enact an exemption order made by virtue of the power conferred by subsection (1) (see section 6 of the 2010 Act). Furthermore, the power may be exercised from time to time (see section 7(1) of the 2010 Act).
