The Workplace Parking Licensing (Scotland) Regulations 2022

JurisdictionScotland
CitationSSI 2022/4

2022 No. 4

Transport

The Workplace Parking Licensing (Scotland) Regulations 2022

Made 10th January 2022

Laid before the Scottish Parliament 12th January 2022

Coming into force 4th March 2022

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 74, 75(6), 76(5), 80(1)(b), 82(1) and 83(1) of the Transport (Scotland) Act 20191and all other powers enabling them to do so.

In accordance with sections 74, 76(5), 80(1)(b) and 83(1) of that Act, the Scottish Ministers have consulted with such persons as they consider appropriate.

1 Preliminary

PART 1

Preliminary

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Workplace Parking Licensing (Scotland) Regulations 2022 and come into force on 4 March 2022.

(2) In these Regulations—

“the Act” means the Transport (Scotland) Act 2019,

“First-tier Tribunal” and “Upper Tribunal” mean (respectively) the First-tier Tribunal for Scotland and the Upper Tribunal for Scotland (see section 1 (establishment of the tribunals) of the Tribunals (Scotland) Act 20142),

“local authority” includes local authorities jointly making or operating a scheme,

“scheme” means a workplace parking licensing scheme,

“writing” and “written” include electronic communications within the meaning of section 15 (general interpretation) of the Electronic Communications Act 20003.

2 Consultation, reporting and publication requirements

PART 2

Consultation, reporting and publication requirements

S-2 Publication of proposal

Publication of proposal

2. Before making a scheme, a local authority must—

(a) publish, at least once in a local newspaper circulating in the area to which the proposed scheme relates, notice of the proposal containing the information specified in Part 1 of schedule 1,

(b) publish on the local authority’s website a copy of the documents required under section 73(1)(a) of the Act and the notice mentioned in paragraph (a),

(c) make a copy of those documents and that notice available for inspection at their offices during normal office hours, and (if the local authority thinks fit) at such other places within its area and during such times at those places as it may determine,

(d) send to the Scottish Ministers a copy of the documents and the notice mentioned in paragraph (b),

(e) 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.

S-3 Consultation

Consultation

3. A local authority must send to any person it intends to consult under section 73(1)(b) of the Act—

(a) a copy of the documents required under section 73(1)(a) of the Act,

(b) notice of the time period for consultation responses to be submitted,

(c) notice of where such responses are to be sent.

S-4 Report following consultation

Report following consultation

4. The report required under section 73(1)(c) of the Act must be—

(a) published on the local authority’s website,

(b) sent to such persons consulted under section 73(1)(b) of the Act as the local authority considers appropriate,

(c) sent to the Scottish Ministers.

S-5 Notice of making a scheme

Notice of making a scheme

5. Within 14 days of making a scheme under section 72 of the Act a local authority must—

(a) publish—

(i) at least once in a local newspaper circulating in the area to which the scheme relates, and

(ii) on the local authority’s website,

notice of the making of the scheme containing the information specified in Part 2 of schedule 1,

(b) make available for inspection at their offices during normal office hours, and (if the local authority think fit) at such other places within its area and during such times at those places as it may determine—

(i) a copy of the scheme as made together with a statement of the date on which it comes into effect,

(ii) in the case of a scheme made after the holding of an examination under section 75 of the Act, a copy of the report following that examination,

(c) publish the scheme and, where applicable, the report following the holding of an examination under section 75 of the Act on the local authority’s website,

(d) take such other steps as it considers appropriate for ensuring that adequate publicity about the making of the scheme is given to persons likely to be affected by it.

3 Examinations

PART 3

Examinations

S-6 Examination of proposals

Examination of proposals

6.—(1) Where an initiating party intends to appoint a reporter to carry out an examination under section 75(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 who responded to the consultation carried out under section 73(1)(b) of the Act.

(2) A notice of intention under 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 75(3) of the Act the 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 documents required under section 73(1)(a) of the Act, and the report required under section 73(1)(c) of the Act,

(e)

(e) where the statement referred to in sub-paragraph (b) indicates that—

(i) a hearing under section 75(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 75(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) Where the initiating party is the Scottish Ministers, the local authority must, as soon as reasonably practicable after a request to do so by the Scottish Ministers, send a copy of the notice and accompanying information mentioned in this regulation to any person who responded to the consultation carried out under section 73(1)(b) of the Act.

(4) 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.

S-7 Appointment of reporter

Appointment of reporter

7.—(1) A reporter appointed under section 75(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 an examination under section 75(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) copies of everything referred to in regulation 6(2).

S-8 Responses to notice of intention to cause an examination to be held

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 specified in section 75(3) of the Act the respondent considers is appropriate in the circumstances,

(c)

(c) where the respondent intends to rely on documents, materials and evidence in addition to the items referred to in regulation 6(2)(c) and (d), copies of the documents, materials and evidence,

(d)

(d) where the respondent intends to rely only on the documents, materials, evidence, and the statement and report already provided by the initiating party under regulation 6(2)(a), (c) and (d), a list of those items upon which the person intends to rely,

(e)

(e) where the statement referred to in sub-paragraph (b) indicates that—

(i) a hearing under section 75(3)(b) of the Act is sought, a list of any persons whom the respondent wishes to provide a written statement for the purposes of the hearing, or

(ii) an inquiry under section 75(3)(c) of the Act is sought, a list of any persons whom the respondent 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 respondent intends to raise in the examination must be set out in the representations referred to in paragraph (2)(a), or in the documents which accompany those representations.

S-9 Scope of examinations

Scope of examinations

9.—(1) The scope of the examination is to include only—

(a)

(a) the matters identified in the statement referred to in regulation 6(2)(a),

(b)

(b) any further matters which both the local authority proposing to make the scheme and the Scottish Ministers agree should be within the scope of the examination.

(2) Matters outwith the scope of the examination that are raised in any response referred to in regulation 8 must be disregarded by the reporter.

S-10 Procedure and timetable for examinations

Procedure and timetable for examinations

10.—(1) On appointment the reporter must in writing invite the local authority proposing to make the scheme and the Scottish Ministers to identify and agree any further matters as referred to in regulation 9(1)(b) for the purpose of setting the scope of the examination.

(2) The invitation...

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