Question reference: S6W-17791
- Asked by: Sharon Dowey, MSP for South Scotland, Scottish Conservative and Unionist Party
- Date lodged: 10 May 2023
Current status: Answered by Kevin Stewart on 16 May 2023
To ask the Scottish Government, further to the answer to question S6W-04293 by Graeme Dey on 25 November 2021, whether it will provide an update on these plans, and whether all planned secondary legislation is now in place.
To ask the Scottish Government, further to the answer to question S6W-04293 by Graeme Dey on 25 November 2021, whether it will provide an update on these plans, and whether all planned secondary legislation is now in place.The Transport (Scotland) Act 2019 prohibits pavement parking, double parking and parking at dropped kerbs, and gives local authorities the relevant powers to enforce these new provisions. To support these provisions, a suite of regulations is required to bring the new legislation into force. These give local authorities the tools they need to be able to tackle the issues of inconsiderate and obstructive parking.
The first of these regulations regarding the Exemption Order Procedures that local authorities must follow, was laid in Parliament in December 2022. A copy of the legislation can be found here: https://www.legislation.gov.uk/ssi/2022/360/contents/made.
We have had a long-standing commitment to allow local authorities 12 months from when these regulations come into force to assess their streets and put in place any exemption orders and physical signs and lines before enforcement can go live in late 2023.
In addition we will shortly be launching a public consultation on the Enforcement Procedure Regulations which will define how a local authority can issue a Penalty Charge Notice to someone found to be in contravention of the new national prohibitions for Pavement, Dropped Kerb & Double Parking. The secondary regulations required to ensure local authorities have the powers they need to enforce this will be laid in Parliament later this year.