The Bus Lane Contraventions (Charges, Adjudication and Enforcement) (Scotland) Regulations 2011

Prospective

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for the enforcement of bus lane contraventions, by local authorities which are approved local authorities for the purposes of section 44 of the Transport (Scotland) Act 2001. The names of the authorities concerned are set out in the Schedule to the Bus Lane Contraventions (Approved Local Authorities) (Scotland) Order 2011 (S.S.I. 2011/443).

In Part 1, regulation 2 defines expressions used in the Regulations.

In Part 2, regulation 3 authorises the imposition of a charge in respect of a bus lane contravention only on the basis of a record produced by an approved device. The devices that are approved for these purposes are described in the Bus Lanes (Approved Devices) (Scotland) Order 2011 (S.S.I. 2011/444).

Regulation 4 provides for the level of a charge to be set by each approved authority. A charge may only be imposed if the level has been approved by the Scottish Ministers and a notice, stating the circumstances in which a charge may be imposed and the level of the charge has been published in accordance with paragraph (1). The charge is liable to be increased or reduced by half in the circumstances set out in paragraphs (3) and (4).

Subject to specified exceptions, regulation 5 requires the registered keeper of the vehicle involved in the contravention to pay the charge. The exceptions are set out in regulation 6.

Regulation 7 provides that an approved local authority cannot recover a charge (or a charge must be refunded) where criminal proceedings are taken, or where a fixed penalty notice has been given, in respect of the conduct that constituted the contravention.

In Part III, regulation 8 provides for service of a charge notice on the person appearing to the approved authority to be the person by whom it is payable. The notice is to be served within 28 days after the contravention occurred, but that period can be extended where the local authority is awaiting from the Secretary of State further details as to the identity of the keeper of the vehicle concerned. Paragraph (5) specifies the matters of which particulars must be given in the charge notice, including a statement that the charge will be reduced by a half if paid within 14 days of the date of service of the notice, and may be increased by a half if not paid within 28 days of that date.

Regulation 9 enables a person on whom a charge notice has been served to make representations to the authority concerned. Regulation 10 requires the authority to consider the representations and any supporting evidence, and to respond to the representations. Where representations are rejected (by a “notice of rejection”), the authority are required to notify the person concerned of his right to appeal the matter to an adjudicator.

Parts IV and V relate to appeals. Regulation 11 provides that parking adjudicators will be bus lane adjudicators and that the approved local authorities will make provision for their accommodation, facilities and staff (one of whom must be the “proper officer” on whom specific functions are conferred by the Regulations).

Regulations 12 sets out the procedure for making an appeal, and specifies that appeals must, subject to a right to ask the adjudicator to extend the period, be made within 28 days from the date of service of the notice of rejection. Regulation 13 provides for the procedure on service of notice of appeal and regulation 14 for the making of further representations. Regulations 15 to 19 make provision for the appeal procedure. Regulation 15 enables the adjudicator to dispense with an oral hearing save in specified circumstances. Regulation 16 requires the proper officer to fix the time and place of a hearing and notify the parties and regulation 17 empowers the adjudicator to require persons to give evidence or produce documents. Regulation 18 deals with the procedure at hearings and regulation 19 provides for the production of documentary evidence of the alleged contravention. Regulation 20 makes provision about adjudicators’ decisions; in particular it requires them to be recorded in the register kept pursuant to regulation 29.

Regulation 21 enables a party to an appeal to ask for the adjudicator’s decision to be reviewed.

Regulation 22 to 26 deal with miscellaneous matters, including provision that expenses will not normally be awarded save in specified circumstances and provision about the correction of clerical errors.

Regulations 27 and 28 make provision about the service and delivery of documents.

Part VI deals with the enforcement of payment of charges. Regulation 30 provides for a charge to be increased by a half if it is not paid within “the relevant period” as defined in paragraph (2). In Part VII, regulation 32 requires each approved local authority to keep an account of the sums paid by way of charges.

No Business Regulatory Impact Assessment has been undertaken since the Regulations are concerned with the enforcement of existing traffic restrictions and prohibitions and do not therefore constitute an additional burden on business. The costs incurred by local authorities undertaking enforcement are expected to be defrayed by charge income.