The Parking Prohibitions (Enforcement and Accounts) (Scotland) Regulations 2023

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

These Regulations make provision in relation to the enforcement of the prohibitions introduced by Part 6 of the Transport Scotland Act 2019 (“ the Act ”). The prohibitions are the pavement parking prohibition (section 50(1)), the double parking prohibition (section 54(1)) and the dropped footway parking prohibition (section 56(1)).

Part 2 of the Regulations makes provision about penalty charges and enforcement. Regulation 2 sets the amount of the charge and provides for discounts and increased charges in certain circumstances. Regulation 3 makes provision about the circumstances in which a penalty charge is payable by a person other than the registered keeper of a vehicle.

Regulations 4, 5 and 6 make provision about the service of penalty charge and enforcement notices. Paragraphs 2, 3 and 4 of the schedule detail the particulars which are to be included in notices served under regulations 4, 5 and 6.

Regulation 7 makes it an offence to remove, or interfere with, a penalty charge notice. Regulation 8 provides for the circumstances in which a penalty charge is not payable, or is to be refunded.

Regulation 9 provides that a ‘charge certificate’ imposing an increased charge may be served where an enforcement notice (which is a notice served under regulation 5 or 6) is served on a person and the penalty charge to which it relates is not paid before the end of the relevant period (which is defined in the regulation).

Part 3 of the Regulations makes provision about representations and appeals against enforcement notices. Regulation 10 makes provision about how the recipient of an enforcement notice may make representations to the local authority against the decision to serve the notice and specifies the grounds on which such representations can be made. Regulation 11 makes provision about how a local authority is to respond to representations made. Regulation 12 makes provision for an appeal to the First-tier Tribunal against the decision of a local authority to serve an enforcement notice.

Part 4 of the Regulations sets out financial provisions. Regulation 13 makes provision about accounts and the application of surplus on accounts.

Impact assessments have been prepared in relation to these Regulations, copies of which can be obtained from https://www.transport.gov.scot .