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Transport (Scotland) Act 2019

Other provisions relating to parking prohibitions

Power to share information – section 65

394.Section 65 enables local authorities to disclose ‘relevant information’ to the Secretary of State (DVLA), a source specified in regulations made by the Scottish Ministers or to an ‘enforcement agent’ who is a person with whom the local authority has entered into arrangements in connection with enforcement (in terms of section 64). The information may be disclosed where it is necessary to enable the local authority or the enforcement agent to perform one of their functions created by this Part of the Act or where necessary in connection with the enforcement of the parking prohibitions. 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 parking prohibitions. Section 65(4) sets out the relevant information for each category of disclosure, such as the make and model of the vehicle alleged to have been parked in contravention of the prohibition, registration details and date of alleged contravention. The relevant information that can then be disclosed to the enforcement agent also includes the name and address of the registered keeper 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.

Accounts – section 66

395.This section confers power on the Scottish Ministers to by regulations make provision for or about:

  • the keeping of accounts by local authorities in connection with their functions under this Part of the Act;

  • the purposes for which any surplus in an account kept by a local authority in accordance with these regulations may be applied; and

  • the publication of a statement of account and the manner in which it must be published.

Ministerial directions – section 67

396.This section confers a general power of direction on the Scottish Ministers in relation to the exercise of local authorities’ functions under this Part.

397.Subsection (2) sets out some examples of the kind of matters to which directions may relate including the assessments that are to be carried out before an exemption order is made under section 51(1) of the Act, provision relating to the uniforms to be worn by authorised enforcement officers, and the information to be published by local authorities in connection with this Part of the Act. Directions given by the Scottish Ministers under subsection (1) will also specify the characteristics that a footway (or a road with which a footway is associated) must have for the footway to be specified in an exemption order under section 51(1) meaning that the pavement parking prohibition does not apply to that footway (see section 51(2)).

398.Subsection (3)(a) and (b) provides that a direction may be general or relate to a particular function or local authority or it may be given to:

  • each local authority;

  • a particular local authority (in relation to the whole or part of its area);

  • local authorities of a particular description.

399.Subsection (3)(c) provides that directions must be in writing and be published, as must any revision or revocation of a direction (see subsection (6)).

400.A direction may be revised or revoked (see subsection (4)) and subsection (5) specifies examples of some of the ways in which a direction may be revised.

Ministerial guidance – section 68

401.Section 68(1) enables the Scottish Ministers to issue guidance in relation to the exercise of functions conferred on a local authority by virtue of this Part. The Scottish Ministers are to consult with such persons as they consider appropriate prior to issuing this guidance.

402.Subsection (2) requires a local authority to have regard to this written guidance. The Scottish Ministers must publish any such guidance in an appropriate manner and as soon as reasonably practicable after it is given (see subsection (3)).

403.It is intended that written guidance issued to local authorities under section 68 will be published in a single document about parking standards.

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