The Act Examination of Proposals
418.In cases where a local authority proposes to make, amend or revoke a workplace parking licensing scheme, section 75 allows that local authority or the Scottish Ministers to appoint a reporter to carry out an examination of the proposal and prepare a report of this examination. Section 75(3) gives the reporter scope to determine how the examination is carried out. The reporter has wide discretion in this regard and while section 75(3) lists a public inquiry, a hearing or consideration of written representations as examples of how the reporter may choose to exercise that discretion, these are not the only options available. Section 75(4) specifies that where there is a hearing or inquiry, subsections (3) to (5) of section 210 of the Local Government (Scotland) Act 1973 (provisions relating to local inquiries) apply. These subsections, as applied, deal with the giving of notice of the time and place of an inquiry or hearing, and requirements to attend and produce evidence. Section 75(5) prevents a proposal from going ahead until the examination is completed.
419.Section 75(6) gives the Scottish Ministers power to make further provision in regulations on these examinations. This is a wide and general power, but section 75(7) provides some examples of the matters the regulations may cover. These include: who may be appointed to carry out an examination; procedures to be followed, particularly around the representations to be taken into consideration, who may appear at a hearing or inquiry, procedures for conducting a hearing or inquiry, and pre and post examination procedures; financial aspects (including remuneration, costs and expenses); and the form, content and publication requirements in respect of any report.