The Low Emission Zones (Scotland) Regulations 2021
| Jurisdiction | Scotland |
| Citation | SSI 2021/26 |
2021 No. 26
Transport
The Low Emission Zones (Scotland) Regulations 2021
Made 18th January 2021
Laid before the Scottish Parliament 20th January 2021
Coming into force 31th May 2021
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 11(e), 12(6) and (7), 13, 21(1), and 28(1) of the Transport (Scotland) Act 20191, and all other powers enabling them to do so.
PART 1
Preliminary
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Low Emission Zones (Scotland) Regulations 2021 and come into force on 31 May 2021.
(2) In these Regulations—
“the Act” means the Transport (Scotland) Act 2019,
“initiating party” means whichever of the parties referred to in section 12(2) of the Act that appoints a reporter in terms of section 12(2),
“local authority” includes local authorities jointly operating a scheme,
“opt-in notice” has the meaning given in regulation 11(2)(a),
“party” means—
(a) the local authority proposing to make the scheme,
(b) the Scottish Ministers, and
(c) any person who submitted an opt-in notice under regulation 11,
“scheme” means a low emission zone scheme,
“writing” and “written” include electronic communications within the meaning of section 15 (general interpretation) of the Electronic Communications Act 20002.
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) a local authority whose area is contiguous to that of the local authority proposing to make the scheme,
(b)
(b) a Regional Transport Partnership, established by order under section 1 of the Transport (Scotland) Act 20053, in whose region the scheme is operating or will operate,
(c)
(c) a Health Board, constituted by order under section 2 of the National Health Service (Scotland) Act 19784, 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) a copy of the proposal to make a scheme which includes the content required under section 14 of the Act,
(b)
(b) a copy of a statement by the local authority setting out the reasons why the proposed scheme should be made,
(c)
(c) notice of—
(i) the time period for representations to be made under paragraph (3),
(ii) where representations are to be sent,
(d)
(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)
(a) contain a statement of the grounds of the objection, and
(b)
(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)
(a) the number of objections received,
(b)
(b) a summary of the general nature of the objections received,
(c)
(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.
PART 3
Examinations
Examination of proposals
6.—(1) Where an initiating party intends to appoint a reporter to carry out an examination under section 12(2) of the Act in relation to a proposal to make a scheme, that party must give notice in writing of its intention to—
(a)
(a) the Scottish Ministers, if the initiating party is the local authority proposing to make the scheme,
(b)
(b) the local authority, if the initiating party is the Scottish Ministers,
(c)
(c) any person consulted under section 11 of the Act,
(d)
(d) each person who objected to the proposal to make the scheme under regulation 4.
(2) The notice referred to in paragraph (1) must be accompanied by—
(a)
(a) a statement setting out full details of the matters the initiating party considers require to be taken into account by the reporter in examining the proposal to make the scheme,
(b)
(b) a statement as to which of the procedures specified in section 12(3) of the Act5the initiating party considers is appropriate in the circumstances,
(c)
(c) all documents, materials and evidence upon which the initiating party intends to rely in the examination,
(d)
(d) copies of the statement referred to in section 10(2) of the Act, and the report referred to in regulation 4(4), if these are available,
(e)
(e) where the statement referred to in sub-paragraph (b) indicates that—
(i) a hearing under section 12(3)(b) of the Act is sought, a list of any persons whom the initiating party wishes to provide a written statement for the purposes of the hearing, or
(ii) an inquiry under section 12(3)(c) of the Act is sought, a list of any persons whom the initiating party wishes to give evidence at the inquiry, any matters which those persons are particularly to address,
and any relevant qualifications those persons have to do so.
(3) All matters which the initiating party intends to raise in the examination must be set out in the statement referred to in paragraph (2)(a), or in the documents which accompany that statement.
(4) If the statement and report referred to in paragraph (2)(d) have already been sent to the Scottish Ministers, paragraph (2)(d) does not require them to be re-sent to the Scottish Ministers.
Appointment of reporter
7.—(1) A reporter appointed under section 12(2) of the Act must be—
(a)
(a) a member of the staff of the Scottish Ministers, or
(b)
(b) selected from a panel provided by the Scottish Ministers.
(2) When appointing a reporter to carry out the examination under section 12(2) of the Act the initiating party must send to the reporter—
(a)
(a) copies of notices sent in accordance with regulation 6(1),
(b)
(b) a copy of the proposal to make the scheme which includes the content specified in section 14 of the Act,
(c)
(c) copies of everything referred to in regulation 6(2).
Responses to notice of intention to cause an examination to be held
8.—(1) The persons referred to in regulation 6(1) may respond in writing to the initiating party’s notice within the scope of the examination as set in accordance with regulation 9.
(2) Responses must include—
(a)
(a) representations setting out full details of the matters which the respondent considers require to be taken into account by the reporter in examining the proposal,
(b)
(b) a statement as to which of the procedures...
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