The Low Emission Zones (Scotland) Regulations 2021

PART 2 Consultation, publication and representations relating to low emission zone proposals

Consultation

2.—(1) The persons specified for the purpose of section 11(e) of the Act are—

(a) a local authority whose area is contiguous to that of the local authority proposing to make the scheme,

(b) a Regional Transport Partnership, established by order under section 1 of the Transport (Scotland) Act 2005(1), in whose region the scheme is operating or will operate,

(c) a Health Board, constituted by order under section 2 of the National Health Service (Scotland) Act 1978(2), in whose area the scheme is operating or will operate.

(2) When consulting under section 11 of the Act the local authority proposing to make a scheme must provide the consultees with the information specified in paragraph (4).

(3) Any person consulted under section 11 of the Act may make such written representations to the local authority as they consider appropriate on the proposal to make a scheme.

(4) The local authority must provide each consultee with—

(a) a copy of the proposal to make a scheme which includes the content required under section 14 of the Act,

(b) a copy of a statement by the local authority setting out the reasons why the proposed scheme should be made,

(c) notice of—

(i) the time period for representations to be made under paragraph (3),

(ii) where representations are to be sent,

(d) any other information on the proposal which the local authority considers necessary or appropriate.

(5) The local authority must publish the statement referred to in section 10(2) of the Act when sending that statement to the Scottish Ministers.

Publication of proposals

3.  After completing the consultation referred to in regulation 2, but before submitting the proposal to make the scheme to the Scottish Ministers for approval under section 10 of the Act, the local authority must—

(a) publish at least once in a local newspaper circulating in an area in which there is situated a road to which the proposed scheme relates, a notice of proposals containing the information specified in Part 1 of schedule 1,

(b) publish a copy of the information referred to in regulation 2(4) and a copy of the statement referred to in section 10(2) of the Act on the local authority’s website,

(c) send a copy of the statement referred to in section 10(2) of the Act to the persons consulted under section 11 of the Act,

(d) take such other steps as it considers appropriate for ensuring that adequate publicity about the proposal to make the scheme is given to persons likely to be affected by it and, without limit to that generality, such other steps may include the display of notices containing the information set out in paragraphs 1 to 5, and displayed in accordance with paragraphs 6 and 7, of schedule 2 in any road to which the proposed scheme relates,

(e) comply with the requirements of paragraph 1(a) to (c) of schedule 3.

Objections

4.—(1) Before the end of the objection period specified in accordance with paragraph (3) any person may object in writing to the making of the proposed scheme.

(2) Any objections under paragraph (1) must—

(a) contain a statement of the grounds of the objection, and

(b) be intimated to the local authority as set out in the notice published under regulation 3(a) and paragraph 5 of Part 1 of schedule 1.

(3) A local authority must specify a period of at least 28 days, beginning with the date on which the notice is published under regulation 3(a), for objections to be made under paragraph (1).

(4) At the end of the objection period specified in accordance with paragraph (3) the local authority must prepare and publish a report detailing—

(a) the number of objections received,

(b) a summary of the general nature of the objections received,

(c) the local authority’s response to the objections received.

(5) A report prepared under paragraph (4) must be sent to the Scottish Ministers when submitting the proposal to make the scheme for approval under section 10 of the Act.

Notice of making of a low emission zone scheme

5.  When a local authority makes a scheme under section 9 of the Act the local authority must—

(a) as soon as reasonably practicable—

(i) give notice in writing of the making of the scheme to the chief constable of the Police Service of Scotland,

(ii) give notice in writing to each person consulted under section 11 of the Act, and to each person who made objections under regulation 4, of the local authority’s reasons for making the scheme,

(iii) comply with the requirements of paragraph 1(d) (if applicable) and (e) of schedule 3,

(b) within 14 days of the making of the scheme—

(i) publish at least once in a local newspaper circulating in an area in which there is situated a road to which the scheme relates, a notice of the making of the scheme containing the information specified in Part 2 of schedule 1,

(ii) publish the scheme on the local authority’s website.

(1)

2005 asp 12.

(2)

1978 c.29; section 2 was relevantly amended by paragraph 1 of schedule 7 of the Health and Social Services and Social Security Adjudications Act 1983 (c.41), section 28(a)(i) and (ii), (b) and (c) of the National Health Service and Community Care Act 1990 (c.19), paragraph 1(2)(a) and (b) of schedule 1 of the National Health Service Reform (Scotland) Act 2004 (asp 7), and paragraph 2(2) of schedule 2 of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13).