Background

The Disabled Persons’ Parking Places (Scotland) Act 2009 (the Act) was passed by the Scottish Parliament on 26 February 2009, receiving Royal Assent on 1 April 2009, and coming into force on 1 October 2009. The Act places a duty on all local authorities to promote the proper use of disabled parking places, and aims to make all disabled persons' parking bays enforceable. 

Under the Act, local authorities have duties to identify all advisory disabled parking places and either remove them or begin the statutory procedure to make them enforceable. The Act states that this duty was to be performed within 12 months of the coming into force of the Act (by 30 September 2010). 

The Act also places a duty on local authorities under section 11 and the Scottish Ministers under section 12 to publish annual performance reports. Part 1 and Part 2 of the Schedule to the Act details what the reports should include.

We have noticed a trend in recent years, heightened by Covid restrictions, of Disabled Persons’ Parking Places being marked on the ground with no associated Traffic Regulation Order being promoted to ensure that local authorities can correctly enforce these bays when required. Last year we wrote to all local authorities to remind them of their duties under the Act.

Since raising this matter, we have noticed a change in priorities, with some local authorities prioritising a review of their TROs and putting plans in place to promote further TROs in the near future. We will continue to monitor the situation and raise the importance of promoting TROs for disabled bays with key stakeholders.

Local Authorities’ Duty under section 11

Section 11 of the Act requires a local authority to prepare, publish and send to Scottish Ministers a copy of, ‘a report on its performance of its functions in relation to parking places for disabled persons’ vehicles during the reporting period.’ Part 1 of the Schedule specifies what information the report should contain.

Scottish Ministers’ Duty under section 12

Section 12 of the Act requires Scottish Ministers to prepare, publish and lay before the Scottish Parliament, ‘a report on the performance by the local authorities of their functions in relation to parking places for disabled persons’ vehicles during the reporting period.’

Part 2 of the Schedule to the Act details what the Scottish Ministers should include in their report. This is provided at Annex A for reporting period 2022/23.

The preparation, publication and laying of this report will fulfil those requirements for the reporting year 2021/22 and cover the period from 1 April 2022 to 31 March 2023. The Scottish Ministers’ reports are published on the Transport Scotland website.