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Transport (Scotland) Act 2019

Type Act of the Scottish Parliament

Publication 2019-11-15

Last updated 2024-12-26

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

PART 1 — National transport strategy

Preparation of strategy

1

(1) The Scottish Ministers must prepare a national transport strategy.

(2) The national transport strategy must set out—

(a) the Scottish Ministers' vision for transport to, from and within Scotland,

(b) their strategy for realising that vision, and

(3) The national transport strategy may include such other information as the Scottish Ministers consider appropriate.

(4) In determining the content of the national transport strategy, the Scottish Ministers must have regard, among other things, to the desirability of transport being provided, developed, improved and operated so as to contribute to improving outcomes in relation to the matters mentioned in subsection (5).

(5) Those matters are—

(a) the ability of people to realise their human rights,

(b) social and economic wellbeing, including in particular in relation to—

(i) social inclusion,

(ii) elderly persons,

(iii) inclusion of persons with disabilities,

(iv) inclusive economic growth,

(v) fair work,

(vi) reduction of poverty and inequality,

(vii) access to further and higher education via public transport,

(viii) sustainability of communities in rural areas,

(i) the sustainable and efficient use and re-use of resources,

(ii) the meeting of the emission reduction targets set out in Part 1 of the Climate Change (Scotland) Act 2009,

(d) health and wellbeing.

Consultation on strategy

2

(1) In preparing the national transport strategy, the Scottish Ministers must consult—

(a) such persons as they consider appropriate, and

(b) the general public.

(2) If, before the day on which this section comes into force (and whether before or after the Bill for this Act was passed), anything was done which, had it been undertaken after that day, would to any extent have satisfied subsection (1), that subsection is to that extent to be taken to have been satisfied.

Publication and laying of strategy

3

(1) The Scottish Ministers must—

(a) publish the national transport strategy in such manner as they consider appropriate, and

(b) lay a copy of the strategy before the Scottish Parliament.

(2) As soon as reasonably practicable after complying with subsection (1), the Scottish Ministers must—

(a) publish a report setting out—

(i) the consultation process undertaken in order to comply with section 2(1), and

(ii) the ways in which, in preparing the national transport strategy, the Scottish Ministers have taken account of views expressed in the course of that process,

(b) lay a copy of the report before the Scottish Parliament, and

Review of strategy

4

(1) The Scottish Ministers—

(a) must keep the national transport strategy under review, and

(b) may, if they consider it appropriate, revise it.

(2) Sections 1(2) to (5), 2(1) and 3 apply in relation to any revision of the national transport strategy as they apply in relation to the original national transport strategy.

Reporting on strategy

5

(1) As soon as reasonably practicable after the end of each reporting period, the Scottish Ministers must—

(a) publish a report setting out—

(i) progress made in the reporting period towards realising the vision in the national transport strategy, and

(ii) steps taken in the reporting period to keep the national transport strategy under review, and

(b) lay a copy of the report before the Scottish Parliament.

(2) A report under subsection (1)(a) may include such other information as the Scottish Ministers consider appropriate.

(3) In subsection (1), “reporting period” means the period of 3 years beginning with the day on which section 3(1) was complied with in relation to the original national transport strategy and each subsequent period of 3 years.

PART 2 — Low emission zones

CHAPTER 1 — Effect of a low emission zone scheme

Restriction on driving within a zone

6

(1) A person may not drive a vehicle on a road within a low emission zone in contravention of the terms of a low emission zone scheme unless—

(a) the vehicle meets the specified emission standard, or

(b) the vehicle is exempt by virtue of subsection (4)(b) or section 17.

(2) Where a person drives a vehicle on a road within a low emission zone in contravention of subsection (1), a penalty charge is payable in respect of the contravention.

(3) But, despite subsection (2), if—

(a) the same vehicle is driven within the same low emission zone in contravention of subsection (1) on more than one occasion in the course of the same day, and

(b) the person to whom the penalty charge notice would be issued in respect of those contraventions is the same person,

only one penalty charge is payable in respect of the contraventions.

(4) The Scottish Ministers may by regulations, following consultation with such persons as they consider appropriate—

(a) make provision for or in connection with the specification of the emission standard for the purpose of subsection (1)(a),

(b) specify vehicles or types of vehicle which are exempt for the purpose of subsection (1)(b) including, in particular, by reference to their construction or use,

(c) make provision for or in connection with the amount that may be imposed as a penalty charge under subsection (2) (which may include provision for discounts and surcharges).

Proving contraventions and issue of a penalty charge notice

7

(1) The fact that a person was driving a vehicle on a road within a low emission zone may be established only on the basis of a record produced by an approved device.

(2) A record obtained from the Secretary of State or from another source as specified in regulations by the Scottish Ministers, certifying a vehicle's emission standard as at the date and time of the record produced by an approved device, is determinative of whether the vehicle meets the specified emission standard.

(3) Where a local authority considers that a penalty charge is payable under section 6(2) in respect of a low emission zone scheme it has made, it may issue, or make arrangements relating to the issue of, a penalty charge notice in accordance with regulations under section 8(1).

(4) A penalty charge under section 6(2) is payable to the local authority which issued the penalty charge notice—

(a) by the registered keeper of the vehicle, or

(b) in such circumstances, following consultation with such persons as they consider appropriate, as the Scottish Ministers by regulations specify, by such other person as is so specified.

Enforcement

8

(1) The Scottish Ministers may, following consultation with such persons as they consider appropriate, by regulations make provision for or in connection with the enforcement of low emission zone schemes.

(2) Regulations under subsection (1) may, in particular, make provision for or about—

(a) penalty charge notices (including the form, content and method of issue),

(b) the timing and manner of payment of a penalty charge,

(c) reviews and appeals (including grounds of review or appeal) in connection with the issuing of penalty charge notices,

(d) the manner in which a penalty charge notice may be enforced,

(e) steps that may be taken following the cancellation of a penalty charge notice (including the issuing of another penalty charge notice in respect of the same contravention),

(f) enabling local authorities to enter into arrangements with any person in connection with the exercise of a function conferred on a local authority by the regulations or under section 7.

(3) Regulations under subsection (1) may include provision—

(a) creating offences,

(b) about the records to be produced by or in connection with approved devices (including what constitutes sufficient evidence of a fact).

(4) The maximum penalty that may be provided for in regulations under subsection (1) creating offences is, on summary conviction, a fine not exceeding level 5 on the standard scale.

CHAPTER 2 — Creation and modification of a low emission zone scheme

Process

Power to make or modify a low emission zone scheme

9

(1) At any time, a local authority may (in accordance with this Chapter)—

(a) make a low emission zone scheme for all or part of its area,

(b) amend or revoke a low emission zone scheme made by it.

(2) Where two or more local authorities act jointly to make a low emission zone scheme—

(a) they must continue to act jointly in relation to the scheme in all respects, and

(b) a reference to the area of a local authority is a reference to the combined areas of those authorities.

Ministerial approval

10

(1) A low emission zone scheme cannot be made, amended or revoked unless the proposal to make, amend or revoke the scheme is approved by the Scottish Ministers.

(2) When seeking the approval of the Scottish Ministers for such a proposal, the local authority must provide a statement setting out—

(a) details of the consultation it has undertaken under section 11, and

(b) how it has taken account of any representations received in the course of that consultation.

(3) In approving the making, amendment or revocation of a low emission zone scheme, the Scottish Ministers may make such modifications to the proposal as they consider appropriate.

(4) In considering whether to approve the making, amendment or revocation of a low emission zone scheme, the Scottish Ministers—

(a) must take into account the statement provided by the local authority under subsection (2), and

(b) may consult, or require the local authority whose proposal it is to consult, such persons as Ministers consider appropriate.

Prior consultation

11

Before a local authority asks the Scottish Ministers to approve the making, amendment or revocation of a low emission zone scheme, it must consult—

(a) the Scottish Environment Protection Agency,

(b) Scottish Natural Heritage,

(d) such persons as the authority considers represent the interests of—

(i) the road haulage industry,

(ii) the bus and coach industry,

(iii) the taxi and private hire car industry,

(iv) local businesses, and

(v) drivers,

likely to be affected by the proposal,

(e) such persons (if any) as are specified by the Scottish Ministers in regulations,

(f) such other persons as the authority considers appropriate.

Examination of proposals

12

(1) This section applies where a local authority proposes to make, amend or revoke a low emission zone scheme.

(2) Either—

(a) the local authority making the proposal, or

(b) the Scottish Ministers,

may (if it or they consider it appropriate) appoint a person (“the reporter”) to carry out an examination of, and prepare a report on, the proposal or any aspect of it.

(3) The reporter may carry out an examination in such manner as the reporter considers appropriate and may, in particular, do so by means of—

(a) consideration of written representations only,

(b) conducting a hearing at which a person who has made representations in respect of the proposal may be given an opportunity to appear and be heard, or

(4) Subsections (3) to (5) of section 210 of the Local Government (Scotland) Act 1973 (provisions relating to local inquiries) apply in relation to a hearing or inquiry under subsection (3) of this section as they apply in relation to an inquiry under that Act.

(5) Where an examination is to be carried out, the local authority may not proceed with the proposal until the examination has been completed.

(6) The Scottish Ministers may by regulations make further provision in relation to examinations to be carried out under this section.

(7) Without limit to that generality, such regulations may make provision—

(a) about who may be appointed to carry out an examination under this section,

(b) about the procedure for examinations under this section and, in particular, in relation to—

(i) any representations which are (or are not) to be taken into account,

(ii) who may appear at a hearing or inquiry,

(iii) the procedure for the conduct of any hearing or inquiry,

(iv) things which must be done in preparation for, or following, a hearing or inquiry,

(c) in relation to the financial aspects of an examination and, in particular, about the payment of remuneration, costs and expenses,

(d) in relation to the report to be prepared including, in particular, its form, content and publication.

Ministers’ power to regulate process

13

The Scottish Ministers may by regulations make provision about the procedures in relation to low emission zone schemes including, in particular, provision—

(a) specifying the form of a scheme, or any amendment to or revocation of it,

(b) about consultation on proposals (including the publication of proposals and the making and consideration of representations),

Content

Required content of a scheme

14

(1) A low emission zone scheme must specify—

(a) the zone to which it relates, which must be specified—

(i) by reference to an area on a map, and

(ii) by specifying the roads (or parts of a road) which form part of the zone,

(b) the date on which the scheme comes into effect,

(c) the types of vehicles to which it applies, which must be specified by reference to the vehicles' construction (and subject to any exemptions specified by the Scottish Ministers in regulations under section 6(4)(b)),

(d) the scheme's objectives,

(e) the grace periods applicable under section 15.

(2) Where a low emission zone scheme is made by two or more local authorities jointly, the scheme must make provision as to how any monies received from penalty charges in respect of the scheme are to be apportioned between (or among) those authorities.

(3) For the purpose of subsection (1)(a)(ii), a low emission zone scheme may not specify—

(a) a private road, or

(b) a special road,

within the meaning of section 151(1) of the Roads (Scotland) Act 1984.

(4) The objectives specified under subsection (1)(d) must include—

(a) an objective of contributing towards meeting the air quality objectives prescribed under section 87(1) of the Environment Act 1995 (regulations about air quality), and,

(b) an objective of contributing towards meeting the emission reduction targets set out in Part 1 of the Climate Change (Scotland) Act 2009.

(5) A scheme may make different provision for different purposes, types of vehicles, or areas.

Grace period

15

(1) Section 6(1) is not contravened by a vehicle being driven on a road within a low emission zone prior to the expiry of the applicable grace period.

(2) In subsection (1), “the applicable grace period” means the period that the low emission zone scheme specifies as applying—

(a) in relation to the road, or part of the road, on which the vehicle was driven,

(b) in relation to the type of vehicle being driven, by reference to its construction, and

(3) A low emission zone scheme must specify—

(a) a grace period that applies to individuals whose registered address in respect of the vehicle is a residential property within the zone (“residents”),

(b) a grace period that applies to individuals whose registered address is not (“non-residents”), and

(c) in relation to both paragraphs (a) and (b), the types of vehicle to which the grace period applies (which may vary as between residents and non-residents).

(4) A grace period begins on the day the low emission zone scheme comes into effect.

(5) The grace period applicable to non-residents must expire—

(a) not less than 1 year after it begins, and

(b) not more than 4 years after it begins.

(6) The grace period applicable to residents must expire not more than 2 years after the expiry of the grace period applicable to non-residents.

(7) Subsections (4) to (6) are subject to section 16.

Grace periods: further provision

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(1) Subsections (2) to (5) apply where a road or part of a road—

(a) forms, or has formed, part of a zone to which a low emission zone scheme (“the original scheme”) relates, and

(b) is to become, within 12 months of the original scheme ceasing to have effect in relation to the road or part of a road, part of a zone to which a low emission zone scheme (“the subsequent scheme”) relates.

(2) If—

(a) a grace period is specified as applying to the road or part of a road in the original scheme, and

(b) that period has expired, or is due to expire, before the road or part of a road becomes part of the zone to which the subsequent scheme relates,

no grace period of the same type may be specified as applying to the road or part of a road in the subsequent scheme.

(3) For the purposes of subsection (2), grace periods are of the same type as one another if they are both specified (or to be specified) in accordance with the same subsection of section 15.

(4) If—

(a) a grace period is specified as applying to the road or part of a road in the original scheme, and

(b) that period is not due to expire before the road or part of a road becomes part of the zone to which the subsequent scheme relates,

subsection (5) applies.

(5) In the circumstances described in subsection (4), the maximum length of the grace period that may be specified as applying to the road or part of a road in the subsequent scheme is to be reduced by the length of time that a grace period will have applied to the road or part of a road when it becomes part of the zone to which the subsequent scheme relates.

(6) Where—

(a) a low emission zone scheme is modified to include a road or part of a road that did not previously form part of the zone to which the scheme relates, and

(b) the road or part of a road has not formed part of a zone to which a low emission zone scheme relates within the period of 12 months prior to the modification taking effect,

subsection (7) applies.

(7) In the circumstances described in subsection (6)—

(a) grace periods must be specified as applying to the road or part of a road in the modified scheme mentioned in subsection (6)(a), and

(b) those periods are to be specified on the basis that—

(i) section 15(4) does not apply, and

(ii) the grace periods begin on the day the modification takes effect.

Time-limited exemptions

17

(1) A low emission zone scheme may provide for the granting and renewal, by the local authority which made the scheme, of a time-limited exemption in respect of a vehicle or type of vehicle for the purpose of section 6(1)(b), by reference to the vehicle's use.

(2) Where a low emission zone scheme makes provision for time-limited exemptions under subsection (1), it must specify—

(a) the circumstances in which the local authority must, may or must not grant or renew an exemption,

(b) the maximum period for which an exemption may be granted (which must be no longer than 1 year).

(3) A low emission zone scheme must—

(a) provide for the granting and renewal, by the local authority which made the scheme, of a time-limited exemption for the purpose of section 6(1)(b) in respect of vehicles which enter the zone to which the scheme relates solely due to their following a signed diversion as a result of a temporary road closure, and

(b) specify the maximum period for which such an exemption is granted (which must be no longer than the length of the road closure).

(4) A time-limited exemption granted or renewed by virtue of subsection (1) or (3) is subject to such conditions or restrictions as are specified by the local authority in the grant or renewal.

Power to alter operating hours

18

(1) Subject to subsection (2), a low emission zone operates at all times.

(2) A low emission zone scheme may specify different rules as to when a zone operates.

Ministers’ power to specify additional content

19

The Scottish Ministers may by regulations prescribe further information that may or must be included in a low emission zone scheme.

CHAPTER 3 — Operation of a low emission zone scheme

Equipment and signs

Use of equipment

20

(1) This section applies where a local authority has made a low emission zone scheme.

(2) The traffic authority for a road may—

(a) install and maintain, or secure the installation and maintenance of, approved devices,

(b) construct and maintain, or secure the construction and maintenance of, buildings or other structures,

on a road for use for or in connection with the operation of the scheme.

(3) The traffic authority may remove, or secure the removal of, anything installed or constructed under subsection (2).

Approved devices

21

(1) The Scottish Ministers may by regulations make provision for or about the approval of devices to be used for or in connection with the operation of a low emission zone scheme.

(2) A device may not be used for or in connection with the operation of a low emission zone scheme if—

(a) regulations under subsection (1) make provision for or about the approval of that type of device, and

(b) the device is not of a type approved by virtue of the regulations.

Traffic signs

22

(1) Where—

(a) a local authority has made a low emission zone scheme, and

(b) a traffic authority has placed, or secured the placement of, a traffic sign on or near a road in connection with the scheme,

the traffic authority for the road on which a sign has been placed must maintain, or secure the maintenance of, that sign.

(2) In subsection (1), “traffic sign” has the same meaning as in section 64(1) of the Road Traffic Regulation Act 1984 (general provision as to traffic signs).

23

(1) A responsible body may, in the circumstances mentioned in subsection (2), disclose relevant information to—

(a) another responsible body,

(b) the Secretary of State,

(d) the responsible body's enforcement agent.

(2) The circumstances are that disclosure of the relevant information is—

(a) necessary to enable the responsible body or enforcement agent to perform a function conferred by virtue of this Part, or

(b) otherwise necessary for or in connection with the operation of a low emission zone scheme.

(3) Where relevant information is disclosed to an enforcement agent—

(a) the agent may only use the information, or subsequently disclose it to any other person, as is necessary for or in connection with the enforcement of the low emission zone scheme to which the information relates, and

(b) any other person to whom the information is subsequently disclosed may only use it for the same purpose.

(4) In this section, “relevant information” means—

(a) in relation to disclosure under subsection (1)(a), (b) or (c)—

(i) the make and model of a vehicle alleged by a local authority (or its enforcement agent) to have driven in the zone to which the scheme relates,

(ii) the registration mark of that vehicle (assigned under section 23 of the Vehicle Excise and Registration Act 1994),

(iii) the date on which the vehicle is alleged to have driven within the zone to which the scheme relates,

(b) in relation to disclosure under subsection (1)(d)—

(i) the information mentioned in sub-paragraphs (i) to (iii) of paragraph (a),

(ii) the name and address of the registered keeper of the vehicle alleged by a local authority (or its enforcement agent) to have driven in the zone to which the scheme relates,

(iii) the time when and location where the vehicle is alleged to have driven within the zone to which the scheme relates,

(iv) any record of an alleged contravention of section 6(1) produced by an approved device,

(v) any record obtained by virtue of section 7(2) certifying a vehicle's emission standard,

(vi) any information or representations provided to the local authority by or on behalf of the registered keeper of a vehicle in connection with any review or appeal made by virtue of regulations made under section 8(1).

(5) For the purposes of this section—

(a) a “responsible body” is—

(i) a local authority operating a low emission zone scheme,

(ii) a person (other than the Scottish Ministers) with whom the local authorities who operate a low emission zone scheme have entered into an arrangement in relation to the function of obtaining and sharing any record mentioned in section 7,

(iii) the Scottish Ministers,

(b) an “enforcement agent” is a person with whom a local authority has entered into arrangements by virtue of—

(i) section 7(3), or

(ii) regulations made under section 8(1).

(6) Nothing in this section authorises a disclosure of any information that would be in contravention of the Data Protection Act 2018.

Temporary suspension for events

24

(1) A local authority may suspend the operation of a low emission zone scheme for a specified period, in respect of the whole zone or any part of the zone to which the scheme relates, where the authority considers it appropriate to do so for the purposes of an event which—

(a) is being held within, or in the vicinity of, the zone to which the scheme relates, and

(b) the local authority considers to be of national importance or significant local importance.

(2) A local authority may not suspend the operation of a low emission zone scheme for more than 7 days unless the Scottish Ministers give prior approval to the proposed suspension.

(3) This section is without prejudice to a local authority's ability to specify, by virtue of section 18(2), rules in a low emission zone scheme as to when a zone operates.

Finances and reporting etc.

Ministers’ grant-making powers

25

(1) The Scottish Ministers may make grants—

(a) to a person to meet, or help towards meeting, the person's costs in making alterations to a vehicle in order to reduce its emissions,

(b) to a local authority to meet, or help towards meeting, its costs in—

(i) determining whether to make a low emission zone scheme,

(ii) making a scheme,

(iii) operating a scheme,

(iv) revoking a scheme.

(2) A grant under subsection (1)(a) is subject to such conditions (including as to repayment) as the Scottish Ministers determine.

(3) A grant under subsection (1)(b) is subject to such conditions as may be agreed between the Scottish Ministers and the local authority.

Financial powers etc.

26

A local authority may—

(a) incur expenditure in or in connection with determining whether to make, making and operating a low emission zone scheme,

(b) enter into arrangements (including arrangements for forming or participating in companies) with any person—

(i) in connection with the making or operation of a scheme, or

(ii) relating to the installation or operation of any equipment used or to be used for or in connection with the operation of a scheme.

Application of penalty charges

27

Any monies received from penalty charges in respect of a low emission zone scheme may be applied by the local authority only for the purposes of—

(a) facilitating (directly or indirectly) the achievement of the scheme's objectives, and

(b) if (and only if) any surplus remains, making any repayments required as a condition of a grant under section 25(1)(b).

Accounts

28

(1) The Scottish Ministers may by regulations make provision for or about the keeping of accounts by local authorities in connection with their functions under this Part.

(2) Regulations under subsection (1) may, in particular—

(a) specify the form of the accounts,

(b) require the publication of a statement of account, and specify the manner in which it must be published,

Annual report

29

(1) A local authority which is operating a low emission zone scheme during a financial year must, as soon as reasonably practicable after the end of the financial year—

(a) prepare an annual report on the operation and effectiveness of the scheme,

(b) publish the report in such manner as it considers appropriate,

(d) lay a copy of the report before the Scottish Parliament.

(2) A report under this section on the operation and effectiveness of the scheme must in particular include an assessment of—

(a) the costs of proposing, making and operating the scheme,

(b) the gross and net revenue gathered by the authority from the operation of the scheme, and

Performance of a scheme

Direction to carry out a review

30

(1) The Scottish Ministers may give a direction to a local authority requiring it to carry out a review of the operation and effectiveness of a low emission zone scheme operated by it.

(2) Without prejudice to the generality of subsection (1), a local authority may, from time to time, carry out a review of the operation and effectiveness of a low emission zone scheme operated by it.

(3) A review must include—

(a) an assessment of whether the scheme's objectives are being achieved or are likely to be achieved within a reasonable period,

(b) an assessment of the ways (if any) in which the scheme's objectives are not being achieved or are not likely to be achieved within a reasonable period,

(c) the identification of any areas of the zone to which the scheme relates in which the scheme's objectives are not being achieved or are not likely to be achieved within a reasonable period,

(d) such other matters—

(i) in the case of a review under subsection (1), as are specified in the direction by the Scottish Ministers, or

(ii) in the case of a review under subsection (2), as the local authority considers appropriate.

(4) On completion of a review, the local authority must—

(a) prepare a report of the review's findings, and

(b) give a copy of the report to the Scottish Ministers.

(5) A direction under subsection (1) must—

(a) be in writing,

(b) be published in such manner as the Scottish Ministers consider appropriate as soon as reasonably practicable after it is given.

(6) The Scottish Ministers may amend or revoke a direction given under subsection (1).

(7) Subsection (5) applies to the amendment or revocation of a direction under subsection (1) as it applies to the direction.

Action following a review

31

(1) After receiving a report under section 30, the Scottish Ministers may give a direction to a local authority requiring it to take such steps as are specified in the direction if the Scottish Ministers consider that—

(a) the scheme's objectives are not being achieved, and are not likely to be achieved within a reasonable period,

(b) the local authority has failed to discharge any duty imposed on it under or by virtue of this Part,

(c) the actions, or proposed actions, of the local authority in purported compliance with provision made under or by virtue of this Part are inappropriate in all the circumstances of the case, or

(d) developments in science or technology, or material changes in circumstances, have rendered inappropriate the actions or proposed actions of a local authority in pursuance of the provision made under or by virtue of this Part.

(2) A direction under subsection (1) must—

(a) be in writing,

(b) be published in such manner as the Scottish Ministers consider appropriate as soon as reasonably practicable after it is given.

(3) The Scottish Ministers may amend or revoke a direction given under subsection (1).

(4) Subsection (2) applies to the amendment or revocation of a direction under subsection (1) as it applies to the direction.

CHAPTER 4 — General

Guidance

32

(1) The Scottish Ministers may, following consultation with such persons as they consider appropriate, issue written guidance in relation to the exercise of functions conferred on a local authority (whether as a local authority or as a traffic authority) by virtue of this Part.

(2) A local authority must have regard to any written guidance given by the Scottish Ministers about the exercise of functions conferred on it (whether as a local authority or as a traffic authority) by virtue of this Part.

(3) The Scottish Ministers must publish any such guidance in such manner as they consider appropriate as soon as reasonably practicable after it has been given.

Interpretation of Part

33

In this Part—

“approved device” means a device approved under or in accordance with regulations under section 21(1),

“registered address”, in relation to the registered keeper of a vehicle, means the address recorded in the record kept under the Vehicle Excise and Registration Act 1994 in respect of that vehicle as being that person's address,

“registered keeper”, in relation to a penalty charge payable in connection with a vehicle, means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994 at the time of the contravention to which the penalty charge relates,

“road” has the meaning given by section 151(1) of the Roads (Scotland) Act 1984,

“traffic authority” has the meaning given by section 121A of the Road Traffic Regulation Act 1984,

“vehicle” means a motor vehicle within the meaning of section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of that Act.

PART 3 — Bus services

Provision of services by local transport authorities

Provision of bus services etc. by local transport authorities

34

(1) In the Transport (Scotland) Act 2001—

(a) before section 3 (and the italic heading immediately preceding it) insert—

(2A) (1) A local transport authority may provide a service for the carriage of passengers by road using vehicles that require a PSV operator's licence to do so. (2) The local transport authority must be satisfied that the provision of such a service will contribute to the implementation of their relevant general policies. (3)

(b) in section 79(1) (guidance), after paragraph (b) insert—

(ba) local transport authorities in relation to the exercise of their functions under section 2A of this Act,

(2) Except as provided for in subsection (3), sections 66 to 71, 72(1)(c), 72(2), 72(3)(b) and 72(5)(c) of the Transport Act 1985 are repealed.

(3) Sections 66(2) to (7), 67 to 71, 72(1)(c), 72(2), 72(3)(b) and 72(5)(c) of the Transport Act 1985 (and any order made under them) are to continue to have effect in so far as is necessary for the provision of any service or operation of any undertaking that is being provided or operated under or by virtue of those sections or orders on the date subsection (2) comes into force.

Bus services improvement partnerships

35

(1) The Transport (Scotland) Act 2001 is amended as follows.

(2) For sections 3 to 12 (including the italic heading immediately preceding section 3), substitute—

(3A) (1) A local transport authority may, if they consider it appropriate to do so, make a bus services improvement partnership plan (a “partnership plan”) in relation to the whole or part of their area. (2) A partnership plan is a plan that— (a) specifies the area and the period to which the plan relates, (b) sets out for the area— (i) an analysis of the local services, (ii) policies relating to the local services, (iii) objectives to be met within the period as regards the quality and effectiveness of the local services provided, (c) describes how the partnership scheme (or schemes) to be made at the same time as the partnership plan (see section 3B) is intended to assist in implementing the policies and meeting the objectives, and (d) describes the intended effect of any such scheme (or schemes) on areas which are adjacent to the plan's area. (3) A partnership plan must also— (a) describe the proposals for obtaining the views of users of local services in the area about how well the plan and the partnership scheme (or schemes) are working, and (b) specify how the plan is to be reviewed and the dates by which reviews are to be completed. (4) To make a partnership plan a local transport authority must comply with Part 1 of schedule A1. (3B) (1) A local transport authority must, at the same time as making a partnership plan, make one or more bus services improvement partnership schemes (a “partnership scheme”) relating to the whole or part of the area to which the plan relates. (2) A local transport authority that have made a partnership plan may make such further partnership schemes relating to the whole or part of the area of the partnership plan as they consider appropriate. (3) A partnership scheme is a scheme that— (a) specifies the area and the period to which the scheme relates, (b) imposes one or more service standards in relation to the local services that have one or more stopping places in that area, and (c) specifies one or more— (i) facilities to be provided in the area as part of the scheme, or (ii) measures to be taken under the scheme, by the local transport authority. (4) A partnership scheme may— (a) provide for the exemption of such local services or such descriptions of local services as the scheme may specify, and (b) specify conditions (if any) as to when such exemptions are to apply. (5) A partnership scheme may also include requirements for the taking of actions in order to facilitate the operation of the partnership scheme. (6) A partnership scheme may be made only if the local transport authority are satisfied that— (a) the scheme will contribute to the implementation of— (i) the policies set out in the partnership plan to which it relates, and (ii) the authority's relevant general policies, and (b) the scheme will— (i) bring benefits to persons using local services in the whole or any part of the area to which the scheme relates by improving the quality or effectiveness of those services, or (ii) reduce or limit traffic congestion, noise or air pollution. (7) Any specified facility must be provided at specific locations along routes served, or proposed to be served, by local services within the area of the partnership scheme. (8) Nothing that a local transport authority are required to provide or secure the provision of by virtue of section 33 or 34 is to be specified as a facility or measure for the purposes of a partnership scheme. (9) A partnership scheme must specify how its operation is to be reviewed and the dates by which reviews are to be completed. (10) A partnership scheme may provide for circumstances in which it may be varied or revoked in accordance with the provisions of the scheme (rather than under section 3H or, as the case may be, 3I). (11) To make a partnership scheme a local transport authority must comply with Part 1 of schedule A1. (3C) (1) The service standards that a partnership scheme may impose include requirements— (a) in relation to the frequency or timing of particular local services or local services of particular descriptions (a “route service standard”), or (b) in relation to any other matter relating to the standard of service that is to be provided (an “operational service standard”). (2) A route service standard may, in particular, determine the frequency or timing allowed in relation to a local service— (a) by reference only to that service, (b) by reference to that service and other local services, taken together. (3) An operational service standard may, in particular, impose requirements about— (a) the vehicles which are used to provide services, (b) the maximum fares that may be charged for particular journeys, or for journeys of particular descriptions on services to which the scheme applies, (c) ticketing and the manner in which entitlement to travel may be evidenced, (d) the pricing of multi-operator travel cards, (e) the provision of information to the public about local services, (f) the dates on which the timing of local services may be changed. (4) A partnership scheme may not impose service standards in relation to the use of vehicles under permits granted under section 22 of the 1985 Act. (5) A service standard imposed by a partnership scheme has effect only in relation to so much of a local service as is provided in the area to which the scheme relates. (6) The Scottish Ministers may by regulations define the expression “multi-operator travel cards” for the purposes of this section. (3D) (1) This section applies where— (a) a partnership scheme is in operation, (b) a route service standard imposed by the scheme applies to a service registered under section 6 of the 1985 Act, and (c) the local transport authority who made the scheme are satisfied that, due to an increase (or an expected increase) in the number of operators registered in respect of the area of the scheme, the service cannot be provided in accordance with the route service standard. (2) The local transport authority must modify the route service standard in such manner as is necessary to take account of the number of registered operators (or expected number of such operators) to enable the service to be provided in accordance with the service standard. (3) A modification of a route service standard under this section is to be treated as a variation under section 3H of the partnership scheme which imposed the service standard and paragraph 18(3) of schedule A1 applies to the modification as it does to such a variation. (4) Without limit to the generality of section 3M, the Scottish Ministers may by regulations make further provision about the modification of route service standards under this section, including, in particular, provision— (a) about the process that a local transport authority must comply with before making a modification under this section, (b) about the circumstances in which a modification may be postponed and the process to be followed to postpone a modification, (c) specifying circumstances in which this section is not to apply. (3E) (1) This section applies if, in relation to a proposed partnership scheme or the proposed variation of an existing scheme, the provision of a facility or the taking of a measure requires the making of a traffic regulation order in respect of a road for which the Scottish Ministers are the traffic authority (within the meaning of section 121A of the Road Traffic Regulation Act 1984). (2) The partnership scheme may not be made, postponed, varied or revoked unless it is made, postponed, varied or revoked by the local transport authority and the Scottish Ministers acting jointly. (3F) (1) If a partnership scheme imposes a service standard in relation to a local service, the operator of the service must comply with the service standard. (2) If a partnership scheme requires a local transport authority or, where section 3E applies, the Scottish Ministers, to provide a facility, they must— (a) provide the facility not later than the date specified in the scheme for its provision (subject to the local transport authority postponing its coming into operation under section 3G(1) or 3H(4)), (b) continue to provide the facility for the remainder of the period for which the scheme is in operation. (3) If a partnership scheme requires a local transport authority or (where section 3E applies) the Scottish Ministers to take a measure, they must— (a) take the measure not later than the date specified in the scheme for taking it (subject to the local transport authority postponing its coming into operation under section 3G(1) or 3H(4)), (b) continue to take the measure for the remainder of the period for which the scheme is in operation. (4) Subsections (2) and (3) do not apply in relation to any period during which the local transport authority are temporarily unable to provide the facility or, as the case may be, take the measure, due to circumstances beyond their control. (5) Subsections (2) and (3) do not apply in the case of the Scottish Ministers if they are unable to provide the facility or, as the case may be, take the measure, because of the variation or revocation of a traffic regulation order. (6) A local transport authority must secure that— (a) each review of a partnership plan which is required by the plan is carried out in the manner specified in it, (b) each review of the operation of a partnership scheme which is required by the scheme is carried out in the manner specified in it, and (c) each review (whether of a plan or scheme) is completed by the date specified in the plan or scheme as the date for completing that review. (3G) (1) A local transport authority may, if they consider it appropriate, decide to postpone the coming into operation of a partnership scheme or any part of it (such as the date by which a service standard must be met or facility provided) by such period as they think fit. (2) But the coming into operation of a partnership scheme, or any part of it, must not be postponed by a period or periods which in total exceed 12 months. (3) To postpone the coming into operation of a partnership scheme or any part of such a scheme, a local transport authority must comply with paragraphs 9 and 10 of schedule A1. (4) The Scottish Ministers may by regulations amend subsection (2) to specify a different total period of postponement than the one for the time being specified there. (3H) (1) A local transport authority may vary— (a) a partnership plan and any related scheme, or (b) a partnership scheme. (2) In particular, a partnership plan or scheme may be varied by changing the area to which the plan or scheme relates so that it— (a) includes the whole of the area of another local transport authority (a “prospective authority”), or (b) ceases to include any part of the area of the local transport authority which made the plan or scheme. (3) A partnership scheme may be varied only if the local transport authority (and, if applicable, the prospective authority) are satisfied that— (a) the scheme, as varied, will contribute to the implementation of— (i) the policies set out in the partnership plan (or those policies in the plan as proposed to be varied) to which it relates, and (ii) the local transport authority's (and, if applicable, the prospective authority's) relevant general policies, and (b) the scheme, as varied, will— (i) bring benefits to persons using local services in the whole or any part of the area of the scheme (as varied) by improving the quality or effectiveness of those services, or (ii) reduce or limit traffic congestion, noise or air pollution. (4) A local transport authority may, if they consider it appropriate, decide to postpone the coming into operation of the variation of a partnership scheme or any part of it by such period as they think fit. (5) But the coming into operation of the variation of a partnership scheme, or any part of it, must not be postponed by a period or periods which in total exceed 12 months. (6) To— (a) vary a partnership plan or a partnership scheme (otherwise than in accordance with the scheme itself, under section 3D, or when making a franchising framework), a local transport authority (and any prospective authority) must comply with Part 2 of schedule A1, and (b) postpone the coming into operation of such a variation, a local transport authority (and any prospective authority) must comply with paragraphs 19 and 20 of that Part. (7) The Scottish Ministers may by regulations amend subsection (5) to specify a different total period of postponement than the one for the time being specified there. (3I) (1) A local transport authority may— (a) revoke a partnership plan that relates to the whole or any part of their area, (b) revoke a partnership scheme relating to such a plan. (2) A local transport authority may not— (a) revoke a partnership plan without also revoking all the schemes relating to it, or (b) revoke all schemes relating to a plan without also revoking the plan. (3) To revoke a partnership plan or a scheme (otherwise than in accordance with the scheme itself or when making a franchising framework), a local transport authority must comply with Part 3 of schedule A1. (3J) (1) A local transport authority must, in relation to each partnership scheme made by them, for each successive period of 12 months during which the scheme is in operation, prepare and publish a report on the effectiveness of the scheme. (2) For the purposes of subsection (1), the first period is to begin on the date on which the scheme, or any part of it, comes into operation. (3) In preparing a report under subsection (1), the local transport authority must— (a) consult the traffic commissioner and such other persons as they consider appropriate for the purposes of assessing the effectiveness of the scheme, and (b) consider any representations made to them (whether as part of the consultation or otherwise) in relation to the effectiveness of the scheme during the period under review. (3K) (1) This section applies if a local transport authority are exercising any of the following functions— (a) preparing and making a partnership plan or scheme, (b) reviewing the effectiveness of a partnership plan or scheme, or (c) determining whether and how to vary, or revoke, a partnership plan or scheme. (2) The local transport authority may require an operator of a local service in the relevant area to provide them with such relevant information relating to the function being exercised as they may specify. (3) The local transport authority must specify the function it is exercising when requiring the provision of relevant information. (4) The operator may be required to provide the information— (a) in any form which, having regard to the manner in which the information is kept, it is reasonable to expect the operator to provide, and (b) before the end of such period as may be specified by the local transport authority. (5) A local transport authority that have obtained relevant information under this section may only— (a) use the information for the purpose of exercising the function for which it was obtained, and (b) supply the information to a person listed in subsection (6) for use in connection with that function. (6) The persons are— (a) a local transport authority, (b) persons providing services to the local transport authority in connection with the function being exercised, (c) where section 3E applies, the Scottish Ministers. (7) A person who receives relevant information under subsection (5)(b) must not disclose it to any other person or use it in connection with a purpose other than the specified function. (8) A person who, without reasonable excuse, discloses information in contravention of this section commits an offence. (9) A person who commits an offence under subsection (8) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (10) Where an offence under subsection (8) committed by a local transport authority is proved to have been committed with the consent or connivance of, or to be attributable to the neglect on the part of, a person employed by the authority, the person as well as the authority is guilty of the offence and liable to be proceeded against and punished accordingly. (11) In this section, “relevant information” means information of a description specified in regulations made by the Scottish Ministers. (12) Regulations under subsection (11) may specify circumstances in which relevant information (or types of relevant information) may not be required by a local transport authority. (3L) (1) Two or more local transport authorities may act jointly to make a partnership plan and scheme (or schemes) under this chapter. (2) In those circumstances, unless the context otherwise requires, a reference in this chapter (other than this section) to— (a) a local transport authority, in relation to a partnership plan or a partnership scheme or to a proposed plan or scheme, is a reference to the authorities acting jointly, (b) the area of a local transport authority is a reference to the combined areas of the authorities, (c) the relevant general policies of a local transport authority is a reference to the relevant general policies of each local transport authority. (3) Where two or more local transport authorities act jointly to make a partnership plan or scheme, they must continue to act jointly in relation to the plan or scheme in all respects. (3M) (1) The Scottish Ministers may by regulations make further provision about— (a) partnership plans and schemes, (b) the procedures to be followed to prepare and make, postpone, vary and revoke a plan or scheme (but see also Part 4 of schedule A1 which confers power on the Scottish Ministers in relation to certain expressions used in those procedures), (c) reviewing and reporting on the operation of a plan and scheme. (2) Without limit to that generality, regulations under this section may make provision about— (a) the form and content of a partnership plan or scheme, (b) descriptions of local services which may or must be exempted from a scheme, (c) what may constitute a facility or measure, (d) the conditions that may be specified in a scheme for its variation or revocation, (e) the form and content of any notice to be given in connection with a plan or scheme, (f) the standards and requirements that a scheme or plan may specify in respect of the accessibility of bus services for disabled persons and persons who have limited mobility.

Procedures for partnership plans and schemes

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(1) The Transport (Scotland) Act 2001 is amended as follows.

(2) Before schedule 1 insert—

SCHEDULE A1 (1) For the purposes of this Part— (a) a reference to a partnership proposal is a reference to a proposal by a local transport authority to make— (i) a partnership plan and scheme (or schemes), or (ii) a partnership scheme (or schemes) in relation to an existing partnership plan, (b) a reference to the area of a partnership proposal is— (i) in a case where the proposal is to make a partnership plan and scheme, a reference to the area to which the proposed plan relates, (ii) in a case where the proposal is to make a new scheme in relation to an existing plan, a reference to the area to which that plan relates. (2) Where a local transport authority intend to prepare a partnership proposal, they must give notice of their intention in such manner as they consider appropriate for bringing the notice to the attention of persons in their area. (3) After giving notice under paragraph 2, the local transport authority must— (a) invite every person who is an operator of a qualifying local service in the area to which the partnership proposal relates (including those who, for whatever reason, become such an operator during the period when the proposal is being prepared) to participate in the preparation of the partnership proposal, and (b) in collaboration with such invited persons as wish to participate, prepare the partnership proposal for consultation. (4) (1) The local transport authority must give notice of the partnership proposal prepared under paragraph 3 to persons who, on the relevant day, are operators of qualifying local services in the area of the partnership proposal. (2) A notice under this paragraph must— (a) contain full details of the partnership proposal, (b) contain a statement advising of the effect of paragraph 5, (c) state the period within which objections may be made (which may not be less than 28 days). (3) In this paragraph, “the relevant day”, in relation to a partnership proposal, means the day before the day on which the local transport authority send out notices in accordance with sub-paragraph (1). (5) (1) The local transport authority may not progress the partnership proposal and, in particular, may not consult under paragraph 6 if, within the period for objections— (a) in a case where the partnership proposal is a proposal to make a partnership plan and scheme (or schemes)— (i) a sufficient number of the persons who are operators of qualifying local services in the area of the partnership proposal object to it being made, or (ii) a sufficient number of the persons who are operators of qualifying local services in the area of the scheme object to it being made, or (b) in a case where the partnership proposal is a proposal to make a scheme (or schemes) in relation to an existing plan, a sufficient number of the persons who are operators of qualifying local services in the area of the scheme object to it being made. (2) If the partnership proposal is a proposal to make two or more schemes at the same time, paragraphs (a)(ii) and (b) of sub-paragraph (1) have effect as if references to the scheme were references to the scheme in question. (6) (1) This paragraph applies where, following the period for objections under paragraph 5, a local transport authority are not prevented from consulting. (2) The local transport authority must give notice of the partnership proposal in such manner as they consider appropriate for bringing the notice to the attention of persons in their area. (3) A notice under sub-paragraph (2) must— (a) contain full details of the partnership proposal, or (b) state where such details may be inspected. (4) After giving the notice, the local transport authority must consult— (a) all operators of local services who, in the opinion of the authority, are likely to be affected by the partnership proposal, (b) such organisations appearing to the authority to be representative of users of local services as they think fit, (c) any other local transport authority or Transport Partnership that the authority consider may be affected by the partnership proposal, (d) the traffic commissioner, (e) the chief constable of the Police Service of Scotland, (f) the Competition and Markets Authority, and (g) such other persons as the authority think fit. (7) (1) This section applies where, following consultation under paragraph 6, a local transport authority consider it appropriate to modify the partnership proposal. (2) The local transport authority must give notice of the partnership proposal as modified to persons who, on the relevant day, are operators of qualifying local services in the area to which the partnership proposal as modified relates. (3) The notice under sub-paragraph (2) must— (a) contain full details of the partnership proposal as modified, (b) contain a statement advising of the effect of sub-paragraph (4), (c) state the period within which objections may be made (which may not be less than 28 days). (4) The local transport authority may not make the partnership proposal (as modified) if, within the period for making objections— (a) in a case where the partnership proposal is a proposal to make a partnership plan and scheme (or schemes)— (i) a sufficient number of the persons who are operators of qualifying local services in the area of the partnership proposal object to it being made, (ii) a sufficient number of the persons who are operators of qualifying local services in the area of the scheme object to it being made, or (b) in a case where the partnership proposal is a proposal to make a scheme (or schemes) in relation to an existing plan, a sufficient number of the persons who are operators of qualifying local services in the area of the scheme object to it being made. (5) If the partnership proposal (as modified) relates to the making of two or more schemes at the same time, paragraphs (a)(ii) and (b) of sub-paragraph (4) have effect as if the references to the scheme were references to the scheme in question. (6) In this paragraph, “the relevant day”, in relation to a partnership proposal which has been modified, means the day before the day on which the local transport authority send out notices relating to the proposal in accordance with sub-paragraph (2). (8) (1) This paragraph applies where a local transport authority— (a) have consulted on a partnership proposal, (b) if applicable, are not prevented from making the partnership proposal as modified under paragraph 7, and (c) decide to make the partnership proposal (or the proposal as modified). (2) The local transport authority may proceed to make the partnership plan and schemes (or schemes) or, as the case may be, scheme (or schemes) relating to an existing plan contained in the partnership proposal. (3) But the making of the scheme does not have effect unless, within the period of 14 days beginning with the day after the day on which the local transport authority made the partnership plan and scheme (or schemes) or, as the case may be, scheme (or schemes) relating to an existing plan, the authority give notice of the partnership proposal having been made to— (a) all operators of local services who, in the opinion of the authority, are likely to be affected by it having been made, (b) such organisations appearing to the authority to be representative of users of local services as they think fit, (c) any other local transport authority or Transport Partnership that the authority consider may be affected by the partnership proposal being made, (d) the traffic commissioner, (e) the chief constable of the Police Service of Scotland, (f) the Competition and Markets Authority, and (g) such other persons as the authority think fit. (4) The notice must— (a) contain full details of the partnership plan and scheme or, as the case may be, the scheme, that has been made, or (b) state where such details may be inspected. (9) Where a local transport authority propose to postpone the coming into operation of a partnership scheme (or any part of it), before making a decision on whether or not to do so, they must consult all operators of local services who are, in their opinion, likely to be affected by the postponement. (10) (1) This paragraph applies where a local transport authority— (a) have consulted on postponing the coming into operation of a partnership scheme (or any part of it), and (b) have decided to postpone the scheme (or any part of it). (2) The local transport authority may proceed to postpone the coming into operation of the partnership scheme (or any part of it). (3) But the postponement does not have effect unless, within the period of 14 days beginning with the day after the day on which the local transport authority decide to postpone the coming into operation of the partnership scheme (or any part of it), the authority— (a) publicise their decision in a manner they consider likely to bring the postponement to the attention of persons likely to be affected by the postponement, and (b) give notice of their decision to— (i) any operator of a local service who is, in the opinion of the authority, likely to be affected by the postponement, and (ii) the traffic commissioner. (4) The notice must include a statement of the local transport authority's reasons for deciding to postpone the coming into operation of the partnership scheme (or any part of it). (11) For the purposes of this Part, unless the context otherwise requires, a reference to a local transport authority includes a reference to a prospective authority (within the meaning of section 3H(2)(a)); and a reference to the area of the local transport authority is to be construed as including that of the prospective authority. (12) Where a local transport authority propose to vary a partnership plan or scheme under section 3H they must give notice of their proposal in such manner as they consider appropriate for bringing the notice to the attention of persons in their area. (13) After giving notice under paragraph 12, the local transport authority must— (a) invite every person who, at the qualifying time, is (or was) an operator of a qualifying local service in the area of the partnership plan (including those who, for whatever reason, become such an operator during the period when the changes are being prepared) to participate in the preparation of the changes, and (b) in collaboration with such invited persons as wish to participate, prepare the changes for consultation. (14) (1) The local transport authority must give notice of the changes prepared under paragraph 13 to persons who, at the qualifying time, are (or were) operators of qualifying local services in the area of the partnership plan and, if the changes involve adjusting the area of the plan, the proposed area. (2) A notice under this paragraph must— (a) contain full details of the changes prepared, (b) contain a statement advising of the effect of paragraph 15, (c) state the period within which objections may be made (which may not be less than 28 days). (15) (1) The local transport authority may not progress the proposed variation and, in particular, may not consult under paragraph 16 if, within the period for objections— (a) in a case where the changes prepared under paragraph 13 relate to the proposed variation of a partnership plan, a sufficient number of the persons who are (or were) operators of qualifying local services in the area of the plan at the qualifying time object to it being varied, or (b) in a case where the changes prepared under paragraph 13 relate to the proposed variation of a partnership scheme, a sufficient number of persons who are (or were) operators of qualifying local services in the area of the scheme at the qualifying time object to it being varied. (2) If the changes prepared under paragraph 13 relate to the variation of two or more partnership schemes at the same time, sub-paragraph (1)(b) has effect as if references to the scheme were references to the scheme in question. (16) (1) This paragraph applies where, following the period for objections under paragraph 15, a local transport authority are not prevented from consulting. (2) The local transport authority must give notice of the changes prepared under paragraph 13 in such manner as they consider appropriate for bringing the notice to the attention of persons in their area. (3) A notice under sub-paragraph (2) must— (a) contain full details of the changes, or (b) state where such details may be inspected. (4) After giving the notice, the local transport authority must consult— (a) all operators of local services who, in the opinion of the authority, are likely to be affected by the proposed variation, (b) such organisations appearing to the authority to be representative of users of local services as they think fit, (c) any other local transport authority or Transport Partnership that the authority consider may be affected by the proposed variation, (d) the traffic commissioner, (e) the chief constable of the Police Service of Scotland, (f) the Competition and Markets Authority, and (g) such other persons as the authority think fit. (17) (1) This section applies where, following consultation under paragraph 16, a local transport authority consider it appropriate to modify the changes prepared under paragraph 13. (2) The local transport authority must give notice of the changes as modified to persons who are (or were) operators of qualifying local services in the area to which the changes as modified relate at the qualifying time. (3) The notice under sub-paragraph (2) must— (a) contain full details of the changes as modified, (b) contain a statement advising of the effect of sub-paragraph (4), (c) state the period within which objections may be made (which may not be less than 28 days). (4) The local transport authority may not proceed to vary the partnership plan or scheme in line with the modified changes if, within the period for making objections— (a) in a case where the proposed variation relates to a plan, a sufficient number of the persons who are (or were) operators of qualifying local services in the area of the plan at the qualifying time object to the variation, or (b) in a case where the proposed variation relates to a scheme, a sufficient number of the persons who are (or were) operators of qualifying local services in the area of the scheme at the qualifying time object to the variation. (5) If the changes (as modified) relate to the variation of two or more partnership schemes at the same time, sub-paragraph (4)(b) has effect as if the references to the scheme were references to the scheme in question. (18) (1) This paragraph applies where a local transport authority— (a) have consulted on changes prepared under paragraph 13, (b) if applicable, are not prevented from making the changes (as modified) under paragraph 17, and (c) decide to vary the partnership plan or scheme by making the changes (or the changes as modified). (2) The local transport authority may proceed to vary the partnership plan or scheme (or schemes) by making the changes. (3) But the variation does not have effect unless, within the period of 14 days beginning with the day after the day on which the local transport authority vary a partnership plan or scheme (or schemes), the authority give notice of the variation to— (a) all operators of local services who, in the opinion of the authority, are likely to be affected by the plan or scheme having been varied, (b) such organisations appearing to the authority to be representative of users of local services as they think fit, (c) any other local transport authority or Transport Partnership that the authority consider may be affected by the plan or scheme having been varied, (d) the traffic commissioner, (e) the chief constable of the Police Service of Scotland, (f) the Competition and Markets Authority, and (g) such other persons as the authority think fit. (4) The notice must— (a) contain full details of the partnership plan or scheme as varied, or (b) state where such details may be inspected. (19) Where a local transport authority propose to postpone the coming into operation of the variation of a partnership scheme (or any part of it), before making a decision on whether or not to do so, they must consult all operators of local services who are, in their opinion, likely to be affected by the postponement. (20) (1) This paragraph applies where a local transport authority— (a) have consulted on postponing the coming into operation of a variation of a partnership scheme (or any part of it), and (b) have decided to postpone the variation. (2) The local transport authority may proceed to postpone the coming into operation of a variation of a partnership scheme (or any part of it). (3) But the postponement does not have effect unless, within the period of 14 days beginning with the day after the day on which the local transport authority decide to postpone the coming into operation of the variation of a partnership scheme (or any part of it), the authority— (a) publicise their decision in a manner they consider likely to bring the postponement to the attention of persons likely to be affected by the postponement, and (b) give notice of their decision to— (i) any operator of a local service who is, in the opinion of the authority, likely to be affected by the postponement, and (ii) the traffic commissioner. (4) The notice must include a statement of the local transport authority's reasons for deciding to postpone the coming into operation of the variation of a partnership scheme (or any part of it). (21) Where a local transport authority propose to revoke a partnership plan or a partnership scheme under section 3I, they must give notice of the proposal in such manner as they consider appropriate to bring the proposal to the attention of persons in their area. (22) After giving notice under paragraph 21, the local transport authority must consult— (a) all operators of local services who, in the opinion of the authority, are likely to be affected by the proposed revocation, (b) such organisations appearing to the authority to be representative of users of local services as they think fit, (c) any other local transport authority or Transport Partnership that the authority consider may be affected by the proposed revocation, (d) the traffic commissioner, (e) the chief constable of the Police Service of Scotland, (f) the Competition and Markets Authority, and (g) such other persons as the authority think fit. (23) (1) If, following consultation under paragraph 22, the local transport authority consider it appropriate to revoke the partnership plan or scheme, they must give notice of their intention to any persons who are (or were) operators of qualifying local services at the qualifying time. (2) The notice under sub-paragraph (1) must— (a) state the date on which the partnership plan or scheme is to be revoked, (b) state the local transport authority's reasons for revoking the plan or scheme, (c) contain a statement advising of the effect of paragraph 24, (d) state the period within which objections may be made (which may not be less than 28 days). (24) The local transport authority may not revoke the partnership plan or scheme if a sufficient number of the persons who are (or were) operators of qualifying local services at the qualifying time object to the revocation of the plan or, as the case may be, the scheme. (25) (1) This paragraph applies where a local transport authority— (a) have given notice of their intention to revoke a partnership plan or scheme under paragraph 23, (b) are not prevented from revoking the scheme under paragraph 24, and (c) decide to proceed with the revocation. (2) The local transport authority may proceed to revoke the partnership plan or scheme (or schemes). (3) But the revocation does not have effect unless, within the period of 14 days beginning with the day after the day on which the partnership plan or scheme is revoked, the local transport authority give notice of the revocation to— (a) all operators of local services who, in the opinion of the authority, are likely to be affected by the plan or scheme having been revoked, (b) such organisations appearing to the authority to be representative of users of local services as they think fit, (c) any other local transport authority or Transport Partnership that the authority consider may be affected by the plan or scheme having been revoked, (d) the traffic commissioner, (e) the chief constable of the Police Service of Scotland, (f) the Competition and Markets Authority, and (g) such other persons as the authority think fit. (26) (1) Without limit to the generality of section 3M, the Scottish Ministers may by regulations specify— (a) the descriptions of local services that are qualifying local services for the purposes of this schedule, (b) what constitutes a sufficient number of persons for the purposes of paragraphs 5(1), 7(4), 15(1), 17(4) and 24, (c) how the qualifying time is to be determined for the purposes of paragraphs 13(a), 14(1), 15(1), 17(2) and (4), 23(1) and 24. (2) Regulations made in pursuance of sub-paragraph (1)(b) may, in particular— (a) require that a sufficient number of persons is— (i) all persons providing qualifying local services in the area in question, or (ii) such number of persons as, together, provide at least such proportion of the qualifying local services in the area in question as is specified in the regulations, in addition to being at least such proportion of all persons providing those services as is specified in the regulations, (b) make provision about determining the proportion of qualifying local services provided by an operator, including provision about the time by reference to which the proportion is to be determined.

Registration of local services and functions of traffic commissioner

37

(1) The Transport Act 1985 Act is amended as follows.

(2) In section 6 (registration of local services)—

(a) after subsection (2) insert—

(2ZA) Where— (a) a bus services improvement partnership scheme made under section 3B of the Transport (Scotland) Act 2001 is in operation, (b) a service is registered or a registration of a service is varied under this section, and (c) a service standard imposed under section 3B(3)(b) of the Transport (Scotland) Act 2001 applies to the service or the service as varied, the service standard is to be recorded with the particulars of the service required to be registered under this section.”,

(b) after subsection (7) insert—

(7ZA) Where a bus services improvement partnership scheme made under section 3B of the Transport (Scotland) Act 2001 is in operation, the registration of a service may also be cancelled under section 6L of this Act.

(3) After section 6J insert—

(6K) (1) This section applies where— (a) a bus services improvement partnership scheme made under section 3B of the Transport (Scotland) Act 2001 is in operation, (b) a service standard imposed under section 3B(3)(b) of that Act has effect, (c) an application for registration, or for variation of registration, is made under section 6 of this Act in respect of a local service to which that service standard would apply if the application were granted, and (d) the application is one which would, but for this section, fall to be accepted. (2) A traffic commissioner must refuse the application if— (a) the service standard is an operational service standard, and (b) the traffic commissioner considers that the person who would be the operator of— (i) the service proposed to be provided, or (ii) the service as proposed to be varied, is unlikely to be able to comply with the service standard as regards that service. (3) In this section, “operational service standard” is to be construed in accordance with section 3C(1)(b) of the Transport (Scotland) Act 2001. (6L) (1) This section applies where— (a) a bus services improvement partnership scheme made under section 3B of the Transport (Scotland) Act 2001 is in operation, and (b) one or more service standards imposed under section 3B(3)(b) of that Act have effect. (2) If a traffic commissioner considers that— (a) an operational service standard imposed by the scheme applies to a service registered under section 6, and (b) the service is not being provided in accordance with that service standard, the traffic commissioner may cancel the registration of that service. (3) In this section, “operational service standard” is to be construed in accordance with section 3C(1)(b) of the Transport (Scotland) Act 2001. (6M) Regulations may make provision for or about appeals relating to any— (a) decision to record a service standard as a prescribed particular under section 6(2ZA), (b) refusal of an application by virtue of section 6K(2), (c) cancellation of the registration of a service by virtue of section 6L(2), (d) decision to register a service that has a stopping place in the area to which the scheme relates, or (e) decision not to record a service standard in relation to such a service under section 6(2ZA). (6N) (1) This section applies where— (a) a bus services improvement partnership scheme made under section 3B of the 2001 Act (“the scheme”) is in operation, and (b) it appears to a traffic commissioner that the local transport authority (or authorities) who made the scheme may not be complying with their obligations under it including, in particular, any duty arising under section 3F(2) or (3) of the 2001 Act. (2) The traffic commissioner may— (a) investigate the actions of the local transport authority (or authorities) in relation to their compliance with their obligations under the scheme, (b) require the authority (or authorities) to provide such information as the commissioner may specify for the purposes of the investigation. (3) A local transport authority may be required to provide the information before the end of such period as may be specified by the traffic commissioner when imposing the requirement. (4) Following an investigation under subsection (2), the traffic commissioner must prepare and publish a report— (a) setting out whether or not the commissioner is satisfied that the local transport authority (or authorities) are complying with their obligations under the scheme, and (b) if the commissioner is not satisfied that the authority (or authorities) are complying with their obligations, making such recommendations as the commissioner considers appropriate, including, in particular, recommendations that the authority (or authorities) take such remedial action as may be specified in the report. (5) Before publishing a report prepared under subsection (4), the commissioner must provide a copy of it to— (a) the local transport authority (or authorities) who made the scheme, and (b) each operator providing a local service with a stopping place in the area of the scheme. (6) Where, under section 3E of the 2001 Act, the Scottish Ministers acted jointly with a local transport authority (or authorities) to make the scheme, this section applies to the Scottish Ministers as it applies to the authority (or authorities). (7) In this section— - “2001 Act” means the Transport (Scotland) Act 2001, - “local transport authority” has the meaning given in section 82(1) of the 2001 Act.

Local services franchises

Franchising arrangements for local services

38

(1) The Transport (Scotland) Act 2001 is amended as follows.

(2) For sections 13 to 27 (including the italic heading immediately preceding section 13) substitute—

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Transport (Scotland) Act 2019

PART 1 — National transport strategy

Preparation of strategy

1

Consultation on strategy

2

Publication and laying of strategy

3

Review of strategy

4

Reporting on strategy

5

PART 2 — Low emission zones

CHAPTER 1 — Effect of a low emission zone scheme

Restriction on driving within a zone

6

Proving contraventions and issue of a penalty charge notice

7

Enforcement

8

CHAPTER 2 — Creation and modification of a low emission zone scheme

Process

Power to make or modify a low emission zone scheme

9

Ministerial approval

10

Prior consultation

11

Examination of proposals

12

Ministers’ power to regulate process

13

Content

Required content of a scheme

14

Grace period

15

Grace periods: further provision

16

Time-limited exemptions

17

Power to alter operating hours

18

Ministers’ power to specify additional content

19

CHAPTER 3 — Operation of a low emission zone scheme

Equipment and signs

Use of equipment

20

Approved devices

21

Traffic signs

22

Information sharing

Power to share information

23

Temporary suspension for events

Temporary suspension for events

24

Finances and reporting etc.

Ministers’ grant-making powers

25

Financial powers etc.

26

Application of penalty charges

27

Accounts

28

Annual report

29

Performance of a scheme

Direction to carry out a review

30

Action following a review

31

CHAPTER 4 — General

Guidance

32

Interpretation of Part

33