Introduction
The Transport (Scotland) Act 2019 includes provisions introducing a discretionary power for local authorities to set up workplace parking licensing (WPL) schemes. It will be for local authorities to decide whether they wish to use that power and, if so, to shape proposals to suit local circumstances.
Where a WPL scheme is in place, liable employers will be required to obtain a licence from the local authority for each workplace parking place provided for use by employees and certain visitors. A charge may be levied for such a licence on the basis of the number of parking places specified in the licence (except as detailed under ‘National Exemptions’). Local authorities can use WPL revenues only to cover costs associated with operation of the scheme and to support the policies in their local transport strategy.
The Workplace Parking Licensing (Scotland) Regulations 2022 provide a framework for local authorities on key elements of the scheme but as much as possible it is intended to provide flexibility for local authorities to reflect the objectives set out in their local transport strategy.
Transport Scotland held a public consultation to inform development of the regulations and this guidance. We asked for views on certain technical elements regulations and guidance, and what potential impacts of the regulations and guidance may be expected. The consultation analysis report identifies a number of key themes evident across consultation questions as well as across respondent groups. Some of these themes were outwith the scope of the consultation and were general comments on WPL and, as such, will be more appropriate for local authorities to consider when designing and implementing local WPL schemes. These themes have been reflected throughout this guidance at the appropriate sections.
At the time of publication, Nottingham City Council is the only local authority currently operating a WPL scheme in the UK, although a number of other English councils have indicated that they are various stages of developing or scoping a WPL scheme. During policy development of the 2019 Act, regulations, and guidance, Transport Scotland officials considered the case study of Nottingham’s WPL scheme as well as the legislation which governs WPL schemes in England and Wales. Lessons from Nottingham’s experience are reflected in this guidance.
A working group made up of local authority and regional transport partnership representatives met regularly throughout the WPL policy development work to inform the regulations and guidance.
National Objectives
As a measure addressing demand management of travel, progressing the delivery of the WPL regulations and guidance supports existing Scottish Government policy commitments. WPL has the potential to encourage the use of more sustainable travel modes, reducing congestion and tackling climate/air emissions. As the net revenue generated by WPL schemes must be committed to support policies in local transport strategies, this policy is also intended to raise revenue that could be used to improve public or active transport, making it more attractive and thus encouraging individuals to use public transport instead of driving.
Providing local authorities with discretionary powers to implement a WPL scheme supports the vision and priorities set out in the National Transport Strategy (NTS2). These powers provide a tool for local authorities to influence travel behaviour in a way that discourages private car use and encourages use of public and sustainable transport. The NTS2 Delivery Plan 2020-2022 commits to taking forward supporting regulations and guidance so that local authorities can choose to implement WPL schemes.
Implementing regulations and guidance so that local authorities can move forward with WPL schemes also progresses Scotland’s commitment to reach net-zero by 2045. The Climate Change Plan update (CCPu) was laid in Parliament in December 2020. As part of our commitment to reduce car kilometres by 20% by 2030, the CCPu committed to take forward policy consultation in advance of drafting regulations and guidance to enable local authorities to implement WPL schemes that suit their local requirements.
WPL regulations support our National Performance Framework outcomes: ‘value, enjoy, protect and enhance their environment’; and ‘live in communities that are inclusive, empowered, resilient and safe.’
Legislative requirement versus good practice
This guidance includes information on both legislative requirements (as outlined in the 2019 Act and 2022 Regulations) and good practice. The guidance signposts these elements as appropriate.
The intent is for local authorities to design schemes to suit their local objectives. Local authorities have the power to make decisions around key elements such as the amount of the WPL charge, the licensing area, local exemptions, and periodic review of schemes. This guidance offers advice and discussion on these issues but is not intended to be prescriptive, as decisions on these elements will depend on the local context.
Ministers’ role in WPL schemes
Local authorities’ adherence to the 2019 Act, regulations, and good decision-making are underpinned by the risk of judicial review and local democratic accountability. Scottish Ministers do not have a role in approving, modifying, or denying local authorities’ proposals to make local schemes, nor to review schemes periodically once they are implemented.
Under the 2019 Act, Ministers (and the local authority proposing the scheme) may initiate an examination of proposed WPL schemes. Further detail on the examination process is outlined under ‘Examination’. The final decision on schemes sits with the local authority.
The 2019 Act requires local authorities to specify arrangements for the periodic review of the operation and effectiveness of the scheme. There is no requirement for local authorities to provide Ministers with any form of monitoring, although local authorities may choose to do so as part of collaborative efforts towards our climate change goals which are discussed further under ‘Monitoring and Evaluation’ section of this guidance.