Search Legislation

Transport (Scotland) Act 2019

Status:

This is the original version (as it was originally enacted).

Information sharing

23Power to share information

(1)A responsible body may, in the circumstances mentioned in subsection (2), disclose relevant information to—

(a)another responsible body,

(b)the Secretary of State,

(c)a source specified in regulations made under section 7(2), or

(d)the responsible body’s enforcement agent.

(2)The circumstances are that disclosure of the relevant information is—

(a)necessary to enable the responsible body or enforcement agent to perform a function conferred by virtue of this Part, or

(b)otherwise necessary for or in connection with the operation of a low emission zone scheme.

(3)Where relevant information is disclosed to an enforcement agent—

(a)the agent may only use the information, or subsequently disclose it to any other person, as is necessary for or in connection with the enforcement of the low emission zone scheme to which the information relates, and

(b)any other person to whom the information is subsequently disclosed may only use it for the same purpose.

(4)In this section, “relevant information” means—

(a)in relation to disclosure under subsection (1)(a), (b) or (c)—

(i)the make and model of a vehicle alleged by a local authority (or its enforcement agent) to have driven in the zone to which the scheme relates,

(ii)the registration mark of that vehicle (assigned under section 23 of the Vehicle Excise and Registration Act 1994),

(iii)the date on which the vehicle is alleged to have driven within the zone to which the scheme relates,

(b)in relation to disclosure under subsection (1)(d)—

(i)the information mentioned in sub-paragraphs (i) to (iii) of paragraph (a),

(ii)the name and address of the registered keeper of the vehicle alleged by a local authority (or its enforcement agent) to have driven in the zone to which the scheme relates,

(iii)the time when and location where the vehicle is alleged to have driven within the zone to which the scheme relates,

(iv)any record of an alleged contravention of section 6(1) produced by an approved device,

(v)any record obtained by virtue of section 7(2) certifying a vehicle’s emission standard,

(vi)any information or representations provided to the local authority by or on behalf of the registered keeper of a vehicle in connection with any review or appeal made by virtue of regulations made under section 8(1).

(5)For the purposes of this section—

(a)a “responsible body” is—

(i)a local authority operating a low emission zone scheme,

(ii)a person (other than the Scottish Ministers) with whom the local authorities who operate a low emission zone scheme have entered into an arrangement in relation to the function of obtaining and sharing any record mentioned in section 7,

(iii)the Scottish Ministers,

(b)an “enforcement agent” is a person with whom a local authority has entered into arrangements by virtue of—

(i)section 7(3), or

(ii)regulations made under section 8(1).

(6)Nothing in this section authorises a disclosure of any information that would be in contravention of the Data Protection Act 2018.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources