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Transport (Scotland) Act 2019

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.

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