The Act Prior consultation and impact assessment
414.Section 73 sets out what local authorities must do before making, amending or revoking a workplace parking licensing scheme. Under subsection (1), the local authority must, in advance, publish an outline of the proposed scheme, the scheme as it is proposed to be amended or notice of the proposed revocation of the scheme. The local authority must publish a statement about the objectives of the proposal and an assessment of the impacts of the proposal. Section 73(3) gives more detail on what the statement must cover. It must set out the objectives that the local authority seeks to achieve through the licensing scheme and the local authority’s assessment of how the proposal will achieve those objectives and facilitate the achievement of policies in the local transport strategy. It should also set out how the local authority will apply the proceeds of the scheme once administration costs are met. Section 73(4) requires that the assessment of the scheme must set out the impact on those who will have to pay charges as a result of the scheme and the impact on the environment.
415.Subsection (1) also requires a local authority to consult who they consider appropriate on the proposal, in particular persons likely to be affected by the proposal. Following the consultation, the local authority must publish a report summarising consultation responses, stating whether the proposal (or any modified proposal) will go ahead and the reasons for the local authority decision. Section 73(5) introduces a stand still period of eight weeks from when the consultation report is published. The local authority cannot make, amend or revoke a scheme in accordance with the proposal until the eight week period has passed. This provides time for members of the public, the local authority itself and the Scottish Ministers to consider the local authority’s decision on whether or not to proceed with the scheme.
416.Section 73(2) sets out the detail that must be in any scheme proposal. This includes: the licensing area; how long the scheme will remain in force; charges payable for licences set out as a cost per workplace parking space; and a description of all persons, premises or motor vehicles that will be exempt from the scheme or exempt from paying charges. This will include national exemptions and any further exemptions that the local authority chooses to apply.