PART 2Low emission zones
CHAPTER 2Creation and modification of a low emission zone scheme
Process
I112Examination of proposals
1
This section applies where a local authority proposes to make, amend or revoke a low emission zone scheme.
2
Either—
a
the local authority making the proposal, or
b
the Scottish Ministers,
may (if it or they consider it appropriate) appoint a person (“the reporter”) to carry out an examination of, and prepare a report on, the proposal or any aspect of it.
3
The reporter may carry out an examination in such manner as the reporter considers appropriate and may, in particular, do so by means of—
a
consideration of written representations only,
b
conducting a hearing at which a person who has made representations in respect of the proposal may be given an opportunity to appear and be heard, or
c
holding an inquiry into the proposal.
4
Subsections (3) to (5) of section 210 of the Local Government (Scotland) Act 1973 (provisions relating to local inquiries) apply in relation to a hearing or inquiry under subsection (3) of this section as they apply in relation to an inquiry under that Act.
5
Where an examination is to be carried out, the local authority may not proceed with the proposal until the examination has been completed.
6
The Scottish Ministers may by regulations make further provision in relation to examinations to be carried out under this section.
7
Without limit to that generality, such regulations may make provision—
a
about who may be appointed to carry out an examination under this section,
b
about the procedure for examinations under this section and, in particular, in relation to—
i
any representations which are (or are not) to be taken into account,
ii
who may appear at a hearing or inquiry,
iii
the procedure for the conduct of any hearing or inquiry,
iv
things which must be done in preparation for, or following, a hearing or inquiry,
c
in relation to the financial aspects of an examination and, in particular, about the payment of remuneration, costs and expenses,
d
in relation to the report to be prepared including, in particular, its form, content and publication.