PART 2Low emission zones

CHAPTER 3Operation of a low emission zone scheme

Finances and reporting etc.

25Ministers’ grant-making powers

1

The Scottish Ministers may make grants—

a

to a person to meet, or help towards meeting, the person’s costs in making alterations to a vehicle in order to reduce its emissions,

b

to a local authority to meet, or help towards meeting, its costs in—

i

determining whether to make a low emission zone scheme,

ii

making a scheme,

iii

operating a scheme,

iv

revoking a scheme.

2

A grant under subsection (1)(a) is subject to such conditions (including as to repayment) as the Scottish Ministers determine.

3

A grant under subsection (1)(b) is subject to such conditions as may be agreed between the Scottish Ministers and the local authority.

26Financial powers etc.

A local authority may—

a

incur expenditure in or in connection with determining whether to make, making and operating a low emission zone scheme,

b

enter into arrangements (including arrangements for forming or participating in companies) with any person—

i

in connection with the making or operation of a scheme, or

ii

relating to the installation or operation of any equipment used or to be used for or in connection with the operation of a scheme.

27Application of penalty charges

Any monies received from penalty charges in respect of a low emission zone scheme may be applied by the local authority only for the purposes of—

a

facilitating (directly or indirectly) the achievement of the scheme’s objectives, and

b

if (and only if) any surplus remains, making any repayments required as a condition of a grant under section 25(1)(b).

28Accounts

1

The Scottish Ministers may by regulations make provision for or about the keeping of accounts by local authorities in connection with their functions under this Part.

2

Regulations under subsection (1) may, in particular—

a

specify the form of the accounts,

b

require the publication of a statement of account, and specify the manner in which it must be published,

c

make provision about what may, or must, be done jointly where a low emission zone scheme is made jointly.

29Annual report

1

A local authority which is operating a low emission zone scheme during a financial year must, as soon as reasonably practicable after the end of the financial year—

a

prepare an annual report on the operation and effectiveness of the scheme,

b

publish the report in such manner as it considers appropriate,

c

send a copy of the report to the Scottish Ministers, and

d

lay a copy of the report before the Scottish Parliament.

2

A report under this section on the operation and effectiveness of the scheme must in particular include an assessment of—

a

the costs of proposing, making and operating the scheme,

b

the gross and net revenue gathered by the authority from the operation of the scheme, and

c

details of how the revenue has been used to facilitate the achievement of the scheme’s objectives.