Part 7 - Workplace Parking
404.Part 7 of the Act gives local authorities the power to set up workplace parking licensing schemes. The licensing schemes can require those responsible for premises providing workplace parking places to seek a licence for the provision of those parking places. A local authority may charge for this licence.
405.A local authority has wide discretion in how it sets up a scheme, ranging from the area covered, the times it will apply, what vehicles it will cover, the application of local exemptions and the amount of the licence charges payable on licences. There are national exemptions in respect of parking places at hospitals and other qualifying NHS premises, hospices and for the exclusive use of the holders of specified disabled badges.
406.Where a local authority is considering a workplace parking licensing scheme, it must carry out a detailed local consultation and local impact assessment. This consultation must include details of the scheme, including the annual licence charge.
407.Funds raised by the scheme can only be spent on the costs of administering the scheme or activities facilitating the achievement of policies set out in a local transport strategy. It is not mandatory for a local authority to prepare a local transport strategy, but where they propose a workplace parking licensing scheme, they will be required to have one.
Workplace parking licensing schemes
408.Section 70 sets out what a workplace parking licensing scheme is and the mandatory content of such a scheme. Subsection (1) provides that a workplace parking licensing scheme is a scheme under which a local authority can require a person to hold a licence for the provision of workplace parking places and charge for such a licence.
409.Subsection (2) details what a workplace parking licensing scheme must specify. It must set out:
the area to be covered by the scheme;
the date when the scheme will come into effect;
how long the scheme will remain in force;
the days and times when a licence will be required;
the licence charge, expressed as a charge per parking space;
any exemptions, including national exemptions which must apply and any additional local exemptions; and
how the scheme will be reviewed and how those affected by any review will be informed.
410.Subsection (3) gives local authorities the flexibility to set up a scheme which may differ in how it is applied across the licensing area. This could include different purposes for the scheme or different areas within the overall licensing area. This gives flexibility to apply the scheme in a way that is sensitive to local circumstances. Examples of this could include applying different charges or exemptions in different parts of the area covered by the scheme, or by setting different charges for different types of vehicle.
Workplace parking places
411.Section 71 defines what constitutes a workplace parking place for the purposes of Part 7. A workplace parking place may be taken to be provided at premises if it is a parking place occupied by a “relevant person”. This includes a person providing the parking place, a person who has arranged with another person for the provision of that parking place, or a company associated with a person falling into either of those categories. Spaces occupied by workers, agents, suppliers, business customers and business visitors of a relevant person will also be workplace parking places, as will parking places occupied by a person attending a course of education or training provided by a relevant person and parking places occupied by members of bodies whose affairs are controlled by its members.
412.Only parking places occupied at premises for the purpose of attending a place of business carried on by a relevant person at or near those premises will be workplace parking places. Parking places for non-business parking are not included. Business for these purposes includes: any trade, profession, vocation or undertaking, the functions of any holder of a public office, the provision of education or training, and the functions or activities of the Scottish Administration, a Government department, a local authority or another statutory body. The provisions do not cover, for example, parking for customers of supermarkets and the levy would not be applied in this case. The Scottish Ministers have a power under subsection (5) by regulations to add, remove or vary the circumstances in which a workplace parking place is provided.
Power to make and modify schemes
413.Section 72(1) gives local authorities the power to make a workplace parking licensing scheme for all or part of their areas, along with a power to amend or revoke a scheme. A scheme may be made only if the local authority has a local transport strategy and if it appears to the authority that the scheme will promote the objectives of that strategy. This reads across to section 81, which requires the proceeds of the workplace parking licensing scheme to be used only for facilitating the achievement of policies in the local transport strategy. Local authorities can work jointly to make a workplace parking licensing scheme, providing they both have a local transport strategy and funds raised will support the objectives in these strategies.
Prior consultation and impact assessment
414.Section 73 sets out what local authorities must do before making, amending or revoking a workplace parking licensing scheme. Under subsection (1), the local authority must, in advance, publish an outline of the proposed scheme, the scheme as it is proposed to be amended or notice of the proposed revocation of the scheme. The local authority must publish a statement about the objectives of the proposal and an assessment of the impacts of the proposal. Section 73(3) gives more detail on what the statement must cover. It must set out the objectives that the local authority seeks to achieve through the licensing scheme and the local authority’s assessment of how the proposal will achieve those objectives and facilitate the achievement of policies in the local transport strategy. It should also set out how the local authority will apply the proceeds of the scheme once administration costs are met. Section 73(4) requires that the assessment of the scheme must set out the impact on those who will have to pay charges as a result of the scheme and the impact on the environment.
415.Subsection (1) also requires a local authority to consult who they consider appropriate on the proposal, in particular persons likely to be affected by the proposal. Following the consultation, the local authority must publish a report summarising consultation responses, stating whether the proposal (or any modified proposal) will go ahead and the reasons for the local authority decision. Section 73(5) introduces a stand still period of eight weeks from when the consultation report is published. The local authority cannot make, amend or revoke a scheme in accordance with the proposal until the eight week period has passed. This provides time for members of the public, the local authority itself and the Scottish Ministers to consider the local authority’s decision on whether or not to proceed with the scheme.
416.Section 73(2) sets out the detail that must be in any scheme proposal. This includes: the licensing area; how long the scheme will remain in force; charges payable for licences set out as a cost per workplace parking space; and a description of all persons, premises or motor vehicles that will be exempt from the scheme or exempt from paying charges. This will include national exemptions and any further exemptions that the local authority chooses to apply.
Scottish Ministers power to regulate process
417.Section 74 gives the Scottish Ministers the power to make regulations about the procedure for making, amending or revoking a workplace parking licensing scheme. This includes the power to make provision specifying the form of a scheme, and about the consultation process, the publication of notices and the review and appeal process.
Examination of Proposals
418.In cases where a local authority proposes to make, amend or revoke a workplace parking licensing scheme, section 75 allows that local authority or the Scottish Ministers to appoint a reporter to carry out an examination of the proposal and prepare a report of this examination. Section 75(3) gives the reporter scope to determine how the examination is carried out. The reporter has wide discretion in this regard and while section 75(3) lists a public inquiry, a hearing or consideration of written representations as examples of how the reporter may choose to exercise that discretion, these are not the only options available. Section 75(4) specifies that where there is a hearing or inquiry, subsections (3) to (5) of section 210 of the Local Government (Scotland) Act 1973 (provisions relating to local inquiries) apply. These subsections, as applied, deal with the giving of notice of the time and place of an inquiry or hearing, and requirements to attend and produce evidence. Section 75(5) prevents a proposal from going ahead until the examination is completed.
419.Section 75(6) gives the Scottish Ministers power to make further provision in regulations on these examinations. This is a wide and general power, but section 75(7) provides some examples of the matters the regulations may cover. These include: who may be appointed to carry out an examination; procedures to be followed, particularly around the representations to be taken into consideration, who may appear at a hearing or inquiry, procedures for conducting a hearing or inquiry, and pre and post examination procedures; financial aspects (including remuneration, costs and expenses); and the form, content and publication requirements in respect of any report.
Licence applications and processes
420.Section 76 sets out provision that may be included in a workplace parking licensing scheme. Subsection (1) provides that a scheme may include provision for or in connection with: dealing with applications; granting, issuing and renewing licences; imposing conditions on a licence; the standard duration of a licence; how a licence may be varied or revoked and suspending the requirement to hold a licence for a period and reimbursement of charges for that period.
421.Subsections (2) to (4) allow schemes to make provision for the granting of short-term workplace parking licences in special circumstances. Such licences (or a series of such licences taken together) may not be granted for a period exceeding 12 months.
422.Subsection (5) gives the Scottish Ministers the power to make regulations around reviews and appeals provisions in workplace parking schemes.
423.Subsection (6) creates an offence of intentionally providing false or misleading information as part of an application for a workplace parking licence. Where a person is found guilty of this offence they are liable, on summary conviction, to a fine not exceeding the statutory maximum (currently £10,000) and, on conviction on indictment, to a fine.
Content of licences
424.Section 77 sets out the detail that a workplace parking licence must cover. This includes: the name of the person to whom the licence is granted, the duration of the licence, the premises to which the licence relates, the maximum number of vehicles that may be parked at one time at the specified premises, and the amount of the charge to be paid (with the calculation of the amount). As a result those liable for the licence will have clarity on key aspects of the licensing scheme and how it applies to them. Local authorities can add further information on the licensing scheme or licensing processes as they see fit.
Exemptions etc.
425.Section 78 sets out the framework of how exemptions to workplace parking licensing schemes will apply. A scheme must provide for the national exemptions set out in section 79. Local authorities have the power to apply local exemptions for premises, persons and vehicles as they see fit. The provisions allow the Scottish Ministers to make regulations to provide additional national exemptions or to prohibit certain exemptions. The provisions also ensure that a licence holder can only have one charge at any given time levied against the premises.
National exemptions
426.Section 79(1) sets out the workplace parking places that are to be exempt from charges under all workplace parking licensing schemes. These are places for the exclusive use of persons using motor vehicles displaying certain specified disabled badges, places at hospices and places at qualifying NHS premises. Although these parking places are to be exempt from charges, licensing schemes may, under subsection (2)(a), require premises at which those places are located to hold a licence in respect of those places. Subsection (2)(b) allows a licensing scheme to specify that workplace parking places at qualifying NHS premises that are provided for persons who do not provide services for the health service are not to be exempt from charges.
427.Subsection (3) defines “qualifying NHS premises” to include a health service hospital under section 108(1) of the National Health Service (Scotland) Act 1978, a state hospital within the meaning of section 102(2) of that Act, any other premises occupied by a Health Board or Special Health Board, premises used wholly or mainly for the provision of primary medical services or such other similar premises as the Scottish Ministers may specify.
Charges
428.Section 80 details how charges imposed through a workplace parking licensing scheme should be paid. Section 80(1)(a) requires that the charge is paid by the occupier of the premises to which the charge relates. It is not chargeable directly on individual employees, and it is a matter for the occupier of premises if (and how) they recover the charge from employees or any other person. Section 80(1)(b) gives the Scottish Ministers the power to specify in regulations persons other than the occupier who are in specified circumstances to be liable for those charges. This is to enable charges to be levied against persons who provide workplace parking at premises, but who do not occupy those premises. Only persons who provide workplace parking may be specified in these regulations.
429.Section 80(2) gives an indication of the flexibility that local authorities are to have in how they impose the charges. This includes being able to vary the charge by different days or times of day; different parts of the licensing area; different persons who would be liable; different descriptions of premises and different classes of motor vehicles.
430.Section 80(3) requires a local authority when they set the charge to have regard to what they are going to use funds raised for. Section 81 sets out how local authorities must use funds raised.
Application of net proceeds of workplace parking licensing schemes
431.Section 81 specifies how funds raised by a workplace parking licensing scheme may be used by the local authority. The proceeds can be spent in two ways: scheme administration costs may be met first with net proceeds being applied on activities to support policies set out in a local transport strategy. Net proceeds is defined (in subsection (3)) as the total amount raised under the scheme minus scheme administration costs. Where a local authority is part of a joint scheme and funds activities to promote the local transport strategy of the local authority that they are in partnership with, they can only do so if it benefits some part of their area. Where there is joint working each partner must have a local transport strategy.
Accounts
432.Section 82 gives the Scottish Ministers the power to make provision, by regulations, for or about the keeping of accounts by local authorities for or in connection with a workplace parking licensing scheme. These regulations may in particular make provision specifying the form and content of accounts, require their publication and specify the manner in which they must be published, or make provision for how accounts are to be prepared and kept in relation to joint schemes.
Penalty charges
433.Section 83(1) gives the Scottish Ministers the powers to make regulations for or in connection with the imposition of penalty charges in relation to workplace parking licensing schemes, and the notification, payment and adjudication of those charges. Subsection (3)(a) provides that regulations under subsection (1) may make or permit workplace parking licensing schemes to include provision about the imposition of penalty charges in specified circumstances, the timing and manner of the payment of charges, charge amounts, reviews and appeals against decisions in relation to charges and the cancellation of charges. Subsection (3)(b) allows the regulations to make provision requiring local authorities to serve a notice of that charge on any person liable to pay it, about the form and content of that notice and about the way compliance with that notice may be enforced. Penalty charges for failure to comply with licensing requirements are (under subsection (2)) to be applied to the occupier of the premises or such other person as specified by Ministers in regulations in specified circumstances.
Evidence from approved devices
434.Section 84 gives the Scottish Ministers the power to make regulations for or in connection with permitting evidence in respect of any offence under Part 7, or in respect of a failure to comply with a workplace parking licensing scheme, to be given by means of a record produced by a specified device. This will allow devices that Ministers specify devices, such as mobile cameras, to be used for the purposes of gathering evidence for enforcement purposes.
Enforcement powers
435.Section 85 confers powers to authorised persons to enter premises as part of enforcement processes and prescribes how they should act when doing so. Section 85(1) gives authorised persons the power to enter premises in an area covered by a workplace parking licensing scheme in order to require the production of information related to the licensing of the premises and to take and retain copies of this information. The power of entry does not apply to a dwelling house.
436.These powers are constrained by provisions in section 85(2) so as to apply only for the purpose of: establishing whether parking places are being provided either without a licence or without a licence in respect of all liable parking places; establishing whether there is any contravention of the conditions of a licence; or serving a penalty charge notice in relation to the workplace licensing scheme. Section 85(3) defines authorised person for sections 86, 87 and 88 as someone authorised by the local authority to exercise functions in relation to their workplace parking licensing scheme.
Enforcement powers: warrants
437.Section 86 reads across to section 85(1) on enforcement powers conferred on authorised persons. This gives a sheriff the power to issue a warrant to allow an authorised person to enter premises as part of scheme enforcement. The warrant allows for reasonable force to be applied if needed. A warrant can only be issued where there are reasonable grounds to enter the premises and: entry has been refused; it is expected that entry will be refused; the premises are unoccupied; or the occupier is temporarily absent. A warrant expires 28 days after the day the warrant was issued or at the end of any shorter period that the warrant may specify.
Enforcement powers: further provision
438.Section 87 sets out how an authorised person entering premises under the power in sections 85 or under a warrant under section 86 should act. The amendment also creates an offence around failure to comply with or obstructing an authorised person. The maximum penalty on summary conviction would be a fine not exceeding the statutory maximum, and on conviction on indictment the maximum penalty would be an unlimited fine.
439.The effect of section 87 is that the warrant can only be enforced at a reasonable time of day and that the person seeking entry should produce evidence of identity and authorisation if requested. The authorised person is enabled to take other persons and material and equipment as required when exercising their powers under the warrant. If the authorised person has to take anything from the premises in exercising their enforcement powers, they must leave on the premises a statement of what has been taken and by whom. Where premises are unoccupied they have to leave the premises as effectively secured as they found them.
Power of entry: crown land
440.Section 88 qualifies the powers of entry under section 85(1) as they apply to Crown land. This means that powers to enter Crown land can only be exercised with the consent of a relevant authority in relation to that land. This includes the Crown Estate, Her Majesty’s private estates, the Scottish Administration and Government departments. This section only applies to powers of entry. It does not affect the application of workplace parking licensing schemes to these lands.
Interpretation of Part
441.Section 89 provides definitions for a range of terms in Part 7.