The Low Emission Zones (Emission Standards, Exemptions and Enforcement) (Scotland) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for the operation of low emission zone schemes.

In Part 2—

(a) regulation 2 and schedules 1 to 3 set out the emission standards with which vehicles must comply in order for those vehicles to be driven within a low emission zone, and

(b) regulation 3 sets out the vehicles which are permanently exempt from the requirement to comply with those standards within a low emission zone.

Regulations 4 to 12 in Part 3 make provision for penalty charges imposed as a consequence of a contravention of section 6(1) of the Transport (Scotland) Act 2019, and for the enforcement of a low emission zone scheme by the local authority, or authorities, operating the scheme.

Regulation 4 and schedule 4 specify—

(a) the penalty charges, including certain surcharges, for non-compliance with the emission standards set by these Regulations where an exemption does not apply,

(b) the discount for early payment of a penalty charge.

Regulation 5 establishes the circumstances under which a person other than the registered keeper of a vehicle is to be held liable for a penalty charge.

Regulation 6 provides for penalty charge notices to be served by local authorities. Regulation 6(2) establishes that a penalty charge notice must be served before the end of the period of 28 days beginning with the detection date. Regulation 6(5) sets out the required content of a penalty charge notice.

Regulation 7 allows a local authority to serve a charge certificate, with the effect of increasing the charge in question by 50 per cent, on a person who has failed to pay a penalty charge within the timeframe specified at regulation 7(2).

Regulation 8 sets out the manner in which representations may be made against a penalty charge notice served under regulation 6, and the grounds on which such representations can be made.

Regulation 9 specifies the procedure and consideration that a local authority must afford to any representations received under regulation 8. Regulation 9(1) requires a local authority to provide notice of its decision in response to representations, addressing each ground on which the representations are made and stating whether it is accepted or refused by the local authority. Regulation 9(2) allows a local authority to cancel a penalty charge notice upon acceptance of a representation made under regulation 8(4). Regulation 9(3) and (4) provide that where a local authority does not accept any representations made under regulation 8 it must serve a notice of rejection which contains information as to how an appeal against that rejection may be made. Under regulation 9(5) the local authority can serve a fresh penalty charge notice in relation to the alleged contravention that was the subject of the cancelled penalty charge notice.

An appeal to the First-tier Tribunal against the imposition of a penalty charge may be made under regulation 10.

A local authority may appoint an agent to undertake enforcement measures on its behalf under regulation 11.

Offences associated with the interference with the operation of a low emission zone scheme are created under regulation 12. A person guilty of an offence under regulation 12(1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

A Business and Regulatory Impact Assessment (“BRIA”) has been prepared in relation to these Regulations and placed in the Scottish Parliament Information Centre. A copy of the BRIA can be obtained from Transport Scotland, Buchanan House, 58 Port Dundas Rd, Glasgow G4 0HF or online at www.legislation.gov.uk.