The Act Removal of motor vehicles parked contrary to parking prohibitions – section 61
381.Subsection (1) confers power on the Scottish Ministers to, by regulations, make provision for or about the removal from a road of a motor vehicle which is parked in contravention of the pavement parking, the double parking prohibition or the dropped footway parking prohibition. The regulations will confer power on local authorities (and any person with whom a local authority has entered into arrangements with as mentioned in section 64) to remove such motor vehicles from a road. Note that “road” takes the meaning given by section 151(1) of the Roads (Scotland) Act 1984 (“1984 Act”) (see section 69 of the Act) and includes a “pavement” as defined in this Part. This Part of the Act defines a “pavement” as being a footway or a footpath in terms of section 151(2) of the 1984 Act (see sections 50(4) and 69 of the Act) and section 151(2)(a) and (b) of the 1984 Act defines a footway and a footpath as being a type of road for the purposes of the 1984 Act.
382.Subsection (2) sets out examples of the kind of provision that may be made in regulations under subsection (1) in connection with the removal of motor vehicles, including the notification requirements, storage, return and charges, as well as reviews and appeals processes.
383.Subsection (3) provides that the Scottish Ministers must consult with such persons or organisations as appears to them to be representative of drivers and other road users, and other persons as they consider appropriate before making these regulations.
384.The power under subsection (1) is subject to the negative procedure – see section 128(2).