Transport (Scotland) Act 2019

73 Prior consultation and impact assessment

(1) Before making, amending or revoking a workplace parking licensing scheme, a local authority must—

(a) prepare and publish—

(i) an outline of the proposed scheme, the scheme as it is proposed to be amended or (as the case may be) notice of the proposed revocation of the scheme (“the proposal”),

(ii) a statement about the objectives of the proposal, and

(iii) an assessment of the impacts of the proposal,

(b) consult such persons as the authority considers appropriate in relation to the proposal (including, in particular, persons that the authority has identified as likely to be affected by the proposal), and

(c) prepare and publish a report which—

(i) summarises the consultation responses received,

(ii) states whether or not the authority intends to proceed with the proposal (or the proposal as modified in light of the consultation), and

(iii) sets out the authority’s reasons for whether or not it intends to proceed.

(2) For the purpose of subsection (1)(a)(i), an outline of the proposed scheme must include the proposed—

(a) licensing area,

(b) period during which the scheme is to remain in force (or that it is to continue indefinitely),

(c) charges payable on licences (expressed as a specified sum of money for each workplace parking place provided),

(d) persons, premises or motor vehicles (or descriptions of such persons, premises or motor vehicles) that are to be exempt from the scheme or from paying charges under it (see sections 78 and 79).

(3) For the purpose of subsection (1)(a)(ii), the statement must set out—

(a) the objectives that the local authority intends the proposal to achieve,

(b) its assessment of how (or the extent to which) the proposal will—

(i) achieve those objectives, and

(ii) facilitate (directly or indirectly) the achievement of policies in its local transport strategy, and

(c) how it intends to apply any net proceeds of the scheme (see section 81).

(4) For the purpose of subsection (1)(a)(iii), the assessment must, in particular, set out what the local authority considers to be the likely effects of the proposal on—

(a) persons who may have to pay charges under (or as a result of) the scheme, and

(b) the environment.

(5) A local authority may not make, amend or (as the case may be) revoke the scheme in accordance with the proposal (or the proposal as modified) until a period of 8 weeks beginning with the date on which it published its report under subsection (1)(c) has elapsed.