These regulations apply procedures for the proposal and introduction, amendment or revocation of Low Emissions Zones (LEZs) in Scotland.
These regulations also specify ‘approved devices’ that may be used for the enforcement of LEZs.
The Low Emission Zones (Scotland) Regulations 2021 come into force on 31 May 2021.
This legislation will apply in Scotland only.
What will change?
The 2021 regulations introduce a process for the introduction of Low Emissions Zones (LEZs) in Scotland. LEZs may be proposed by local authorities. The regulations also address how proposals to amend or revoke LEZs must be managed.
Prior Consultation on Proposed, Amended or Revoked LEZs
As a minimum, notices of LEZ proposals must be published on the local authority’s website and in the press.
Consultations must also be undertaken with named persons under the regulations, including the Scottish Environment Protection Agency, and must also be undertaken with persons likely to be affected by the proposal, such as bus or coach operators. These consultees must be provided with the notice of the proposal.
Objections to may be received and processed 28 days after the proposal notice is first published. Local authorities are required to report on the objections raised.
Once the prior consultation is completed, the local authority must submit proposals for the LEZ to the Scottish Ministers including the report on objections received.
Examination of Proposals by Scottish Ministers
The 2021 regulations set procedures for the Scottish Ministers to examine proposals for LEZs. A reporter may be appointed to undertake the examination of the proposals, including an inspection of the area to be affected where necessary.
Procedures are also set for hearings and inquiries on LEZs.
Once approved, local authorities must provide notices of the new, revised or revoked LEZ scheme, including on the local authority’s website, in the press and on roads within the LEZ.
Schedule 6 specifies camera devices that may be used for the enforcement of LEZs. These include fixed and mobile automatic number plate recognition (ANPR) and CCTV systems.
The Transport (Scotland) Act 2019 allows the establishment of LEZs in Scotland. The Scottish Government’s Programme for Government 2020-21 commits to the introduction of LEZs in Scotland’s major cities in the first half of 2022.
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