EIR/202600505424 · FOI/EIR · unclear
Transport Scotland - Cross‑pavement charging information: EIR release
Information requested
Information held by Transport Scotland between 1 January 2020 and the present relating to the selection of pilot authorities for the cross‑pavement charging grant and documents relating to national guidance on cross‑pavement charging.
Response
The Road (Scotland) Act 1984 identifies that responsibility for the road network, including control of private installations sits with roads authorities. Under Section 109 of the New Roads and Street Works Act 1991, local authorities have the power to issue permits for the installation of private apparatus, therefore decisions about permitting cross-pavement charging are the responsibility of Scotland’s local authorities.Transport Scotland’s internal consideration of potential pilot authorities for the cross‑pavement charging grant reflected the fact that participation in the programme was not restricted and no assessments or scoring was carried out, in principle, any Local Authority had the opportunity to take part. The three Local Authorities who joined the pilot where - East Lothian, Perth & Kinross, and Renfrewshire. These Local Authorities were already in the process of authorising, or preparing to authorise, the relevant technological and operational solutions ahead of the formal sign‑off of national guidance. The pilot provided an opportunity to generate timely learning and practical insights that would be of value to the wider Local Authority network. A key aim of the pilot was also to produce lessons learned, case studies, and implementation guidance that would support other authorities in developing a clearer understanding of operational requirements should they choose to adopt similar approaches in the future. Its also worth noting that Local authorities do not need to wait for the publication of SCOTS guidance if they wish to progress cross-pavement charging solutions. A number of authorities already allow the installation of cross-pavement charging solutions. The guidance does not require Ministerial status to be adhered to and there is no current provision in law that would allow Scottish Ministers to make guidance on cross-pavement charging statutory. Furthermore, the Scottish Government cannot provide legal advice, if local authorities have specific concerns regarding liability, then this is a matter for their own legal teams.
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Detected exemption language
Under Section 109 of the New Roads and Street Works Act 1991, local authorities have the power to issue permits for the installation of private apparatus, therefore decisions about permitting cross-pavement charging are the responsibility of Scotland’s local authorities.Transport Scotland’s internal consideration of potential pilot authorities for the cross‑pavement charging grant reflected the fact that participation in the programme was not restricted and no assessments or scoring was carried out, in principle, any Local Authority had the opportunity to take part.