Whether a local authority that introduces a workplace parking levy under the Transport (Scotland) Act 2019 could set local exemptions for w…

The Transport (Scotland) Act 2019 provides local authorities with a discretionary power to set up workplace parking licensing (WPL) schemes. Section 71 of the 2019 Act defines what constitutes a workplace parking place.The liability for licences and associated charges is the responsibility of the occupier of the premises providing workplace parking spaces, and not employees or workers. There is no licence charge payable by workers and therefore no scope to vary such charges.Local authorities do, however, have the discretion to make local exemptions beyond the fixed national exemptions to support their local objectives and circumstances. For example, a local authority could apply WPL to only certain parts of the local authority boundary, exempt premises with fewer than a specified number of parking places, exempt parking places for use by certain types of vehicles or for specified uses, or specific premises or premises of a specified description. A WPL scheme may also provide for descriptions of persons or motor vehicles to be exempt from the scheme or from paying charges under the scheme.In addition to providing for exemptions, a WPL scheme may make provision for different charges (or no charge) to apply in different cases. This can include provision for different charges to apply on different days, at different times of day, to different part of a licensing area and to different descriptions of persons. Different charges could also be applied to different descriptions of premises and to different classes of motor vehicles.