Low Emission Zone (LEZ) information: EIR release

Information requested

Following on from a previous correspondence, you have asked a number of questions related to the impacts of Low Emission Zones (LEZs) on certain socio-economic groups.

You asked for:

1) “I have a concern that certain socio-economic groups are potentially being disproportionately disadvantaged by LEZs so was interested in the data that would go some way to demonstrating that this is or is not the case… I also have concerns that this isn't being monitored at all. Therefore, I'm requesting a breakdown of LEZ fines by postcode for each LEZ area.”

2) “Please provide data on air quality improvements and evidence on public health protection arising from LEZs.”

3) “(The) Scottish Government has a responsibility to monitor LEZs in Scotland. This can be done through: LEZ consistency group, LEZ Leadership group, Monitoring and reporting, Ministerial directions; Standards for emissions, penalties and operation procedures are set out in statute as well as the power to request data - Transport (Scotland) Act 2019. Is this correct?”

4) “The Scottish Ministers have the authority to request and share data under various legislative frameworks, including the Data (Use and Access) Bill. This bill extends powers for data sharing to improve public service delivery, indicating that the government can compel data sharing even if it is not automatically provided. Under the Freedom of Information (Scotland) Act (FOISA), public authorities are required to make information available unless specific exemptions apply. The lack of data does not constitute a valid exemption for not providing requested information, especially when the authority has mechanisms to obtain it unless authority has genuinely made efforts to obtain the information but cannot do so, which is not the case here. Even if the Scottish Government claims it does not have certain data, it is still obligated to utilise its powers to request that information from relevant bodies or agencies. The failure to do so could be viewed as a lack of diligence in fulfilling its statutory duties. Please confirm if my understanding is correct.”

5) “It is a requirement to monitor impact (on the subject of analysis relating to Penalty Charge Notices (PCNs) and the Scottish Index of Multiple Deprivation (SIMD) having been undertaken), is it being done another way? If not, is the minister satisfied that the monitoring requirements are being met.”

6) “Please send information on the decisions and correspondence around this (the Scottish Government’s extensive Integrated Impact Assessment which identified groups that may be more at risk of being affected by the LEZ) under FOI. Please also disclose if conversations were had on this topic out with mandated communication channels, e.g. WhatsApp.”

Response

As the information you have requested above is considered 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

In addition to the above questions that are covered by EIRs, there were a number of general queries outside the scope of EIRs which we have interpreted as, and are responding to, as standard correspondence. We have therefore split our response to your questions into two sections – those covered by EIRs and those out with.

Answered under EIRs

The answers to your questions 1) to 6) as listed above are:

1) Request: “I have a concern that certain socio-economic groups are potentially being disproportionately disadvantaged by LEZs so was interested in the data that would go some way to demonstrating that this is or is not the case… I also have concerns that this isn't being monitored at all. Therefore, I'm requesting a breakdown of LEZ fines by postcode for each LEZ area.”

Answer: LEZs have been introduced by four local authorities in Scotland using powers granted within the Transport Scotland Act 2019. There is no requirement in this legislation for the Scottish Government to monitor the impact of LEZs on certain socio-economic groups or obtain LEZ Penalty Charge Notice data relating to post codes. Therefore, the information is not held and we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. Scotland’s LEZs are administered and enforced by local authorities, including the issuing of LEZ Penalty Charge Notices (PCNs). Data pertaining to PCNs is made available on each local authority website outlined below:

• Aberdeen LEZ penalty charge notice statistics | Aberdeen City Council
• Dundee Dundee Low Emission Zone Scheme (LEZ) | Dundee City Council
• Edinburgh LEZ penalty charges – The City of Edinburgh Council
• Glasgow Pay/Appeal a LEZ Penalty Charge - Glasgow City Council

For more detailed information on PCNs we suggest contacting each local authority directly:

• Aberdeen LEZ - transportstrategy@aberdeencity.gov.uk
• Dundee LEZ - dundee.lez@dundeecity.gov.uk
• Edinburgh LEZ - lez@edinburgh.gov.uk
• Glasgow LEZ - LEZ@glasgow.gov.uk

2) Request: “Please provide data on air quality improvements and evidence on public health protection arising from LEZs.”

Answer: The performance of each LEZ in reducing levels of air pollution is considered within the statutory annual progress reports as required through the Local Air Quality Management (LAQM)
process. Here are links to the most recent LAQM reports:

• Aberdeen - APR_2024_v1.0 (1).pdf
• Dundee - DCC_APR2024_AUG24.pdf
• Edinburgh - laqm-annual-progress-report-2024
• Glasgow - viewSelectedDocument.asp

It is important to note for Aberdeen, Dundee and Edinburgh that the reporting data within the current LAQM annual reports is from 2023, however LEZ enforcement began in these cities in summer 2024. The data in these reports will however capture any changes in air pollution as a result of fleet changes as people switched to cleaner and more sustainable transport options in the months leading up to LEZs enforcement.

With regards to evidence on public health protection arising from LEZs, while our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested. Therefore, we are refusing your request under the exception at regulation 10(4)(a) of the EIRs.

It is widely accepted that poor air quality has a negative impact on all of our health, but we know that the very young, the elderly and those with pre-existing health conditions are particularly vulnerable. LEZs are one part of a range of actions being delivered to make our transport system cleaner, greener and healthier and improve air quality.

LEZs have however only been operational for a short period of time, and therefore it is too early to review their impact on public health. Such an evaluation would be necessarily complex, stemming from the fact that other parallel interventions may be introduced within a city centre at the same time, such as, but not limited to, schemes to reduce traffic volumes, improve traffic flow, reduce average speeds or  increase active travel.

3) Request: “(The) Scottish Government has a responsibility to monitor LEZs in Scotland. This can be done through: LEZ consistency group, LEZ Leadership group, Monitoring and reporting, Ministerial directions; Standards for emissions, penalties and operation procedures are set out in statute as well as the power to request data - Transport (Scotland) Act 2019. Is this correct?”

Answer: LEZs have been introduced by four local authorities in Scotland using powers granted within the Transport (Scotland) Act 2019. There is no statutory requirement for the Scottish Government to monitor LEZs.

Under retained EU law, Scottish Ministers are required to comply with ambient air quality Directive limit and target values. Air quality data in Scotland is published on the Air Quality in Scotland website here - Home page | Scottish Air Quality.

The Scottish Government continues to work with local authorities to deliver the objectives of LEZs through the LEZ Consistency Group and the LEZ Leadership Group.

The LEZ Consistency Group continues to support the development of a nationally consistent approach to the implementation of LEZs in Scotland. The group brings together officials from local authorities and key public bodies, as well as technical experts to collectively consider issues relating to their design and delivery.

The LEZ Leadership Group is in place to support the delivery of LEZs. This group is chaired by Fiona Hyslop MSP, Minister for Transport. Meetings are held every six months.

The requirements for reporting the performance of LEZs are outlined within the Transport (Scotland) Act 2019. Local authorities operating a LEZ scheme must prepare and publish an annual report on the operation and effectiveness of that scheme. A copy of this report must be sent to the Scottish Ministers and also laid before the Scottish Parliament. Scottish Ministers also have the power to direct local authorities to undertake a review of their LEZ, and if applicable, direct a local authority to take action to ensure that the scheme’s objectives are being met.

The standards for emission, penalties and operation procedures, and the power to share information are outlined within the Transport (Scotland) Act 2019, and associated LEZ regulations:

• The Low Emission Zones (Emission Standards, Exemptions and Enforcement) (Scotland) Regulations 2021
• The Low Emission Zones (Scotland) Regulations 2021

4) Request: “Ministers have the authority to request and share data under various legislative frameworks, including the Data (Use and Access) Bill. This bill extends powers for data sharing to improve public service delivery, indicating that the government can compel data sharing even if it is not automatically provided. Under the Freedom of Information (Scotland) Act (FOISA), public authorities are required to make information available unless specific exemptions apply. The lack of data does not constitute a valid exemption for not providing requested information, especially when the authority has mechanisms to obtain it unless authority has genuinely made efforts to obtain the information but cannot do so, which is not the case here. Even if the Scottish Government claims it does not have certain data, it is still obligated to utilise its powers to request that information from relevant bodies or agencies. The failure to do so could be viewed as a lack of diligence in fulfilling its statutory duties. Please confirm if my understanding is correct.”

Answer: The Data (Use and Access) Bill has not yet been enacted into legislation. In terms of FOISA and EIRs, information not held is a valid exemption/exception and provision is made for these within the Act, and the associated guidance can be found on the Office of the Scottish Information Commissioners website at:

• BriefingSection17Informationnotheld.pdf
• InformationNotHeldEIRs (1).pdf

We do aim to provide requested information wherever possible, however we are unable to do so where we do not hold that information. Where we are aware that another public authority is likely to hold that information then we will signpost the requester to that organisation.

5) Request: “It is a requirement to monitor impact (on the subject of analysis relating to Penalty Charge Notices (PCNs) and the Scottish Index of Multiple Deprivation (SIMD) having been undertaken), is it being done another way? If not, is the minister satisfied that the monitoring requirements are being met?”

Answer: Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government do not have the information you have requested because it is not a legislative requirement under the Transport (Scotland) Act 2019 (or respective regulations) for the Scottish Government to monitor the impact of LEZs on deprived areas. As mentioned in our response to your previous correspondence on 27 January 2025, the Scottish Government do not hold data pertaining to the issuing of PCNs. This information is held by, and processed by, the LEZ local authorities. Contact details for the LEZ localauthorities are listed earlier in this response, under the answer to question 1 above. Regarding LEZ monitoring requirements, please see our answer to question 3 above.

6) Request: “Please send information on the decisions and correspondence around this (the Scottish Government’s extensive Integrated Impact Assessment which identified groups that may be more at risk of being affected by the LEZ) under FOI. Please also disclose if conversations were had on this topic out with mandated communication channels, e.g. WhatsApp.”

Answer: We have interpreted your request to mean correspondence and information relating to the decisions made around the Transport Scotland Integrated Impact Assessment where potential harm was identified, but the LEZ policy was still implemented.

There were no decisions or conversations on this subject out with mandated communication channels.

We are releasing the following correspondence as requested, which has had some necessary personal information removed, as per regulation 11(2) of the EIRs (personal information):

• Numbered emails 3, 4, 7, 8, 10, 11, 13, 14, 18-22, and 24-28 are released individually.

The following emails are released with additional attachments:

• Email 1 with attachment 1A.
• Email 2 with attachments 2A and 2B.
• Email 5 with attachment 5A.
• Email 6 with attachments 6A, 6B, 6C, 6D, 6E.
• Email 9 with attachments 9A and 9B.
• Email 12 with attachment 12A.
• Email 15 with attachments 15A and 15B.
• Email 16 with attachment 16A.
• Email 17 with attachment 17A.
• Email 23 with attachment 23A.

Please note that due to the size of this release, we may have to send a copy of all or some documents directly by email to ensure you receive the full release.

Questions out with EIRs

Your further queries which are outside the scope of EIRs, are answered below. We are responding to these as standard correspondence.

The answers to your questions 7) to 9) are:

7) Request: “Why were the [Scottish Government’s Integrated Impact Assessment (IIA)] impacts assessed and not now being monitored? If it's worth assessing the impacts ex ante presumably also worth looking ex post? Potential harm was identified, but the policy was still implemented.”

Answer: As part of a wider suite of public consultation and stakeholder engagement, impact assessments, including an Integrated Impact Assessment (IIA), were undertaken by Transport Scotland before the introduction of LEZs. The IIA was carried out at a national level as part of policy development for the LEZ legislation, and potential impacts (positive, negative or neutral) outlined from this assessment do not specifically apply to any individual LEZ without further assessment. For example, the geographical relationship between levels of deprivation and air quality varies considerably between the four cities in Scotland. As such, conclusions on this relationship cannot be drawn at the national scale.

Local authorities have subsequently undertaken IIAs which reflect local scheme design (geographical area, vehicle types in scope, grace periods and time-limited exemptions) and prevailing baseline conditions. You may wish to contact the LEZ local authorities to discuss the outcomes of their IIAs in more detail – these contact details are listed in answer 1 (above).

The impacts of LEZs, including the impacts on the people they affect, are discussed with local authorities and key stakeholders on an ongoing basis. The Transport Scotland IIA will be reviewed and updated periodically as new evidence or impacts emerge.

8) Request: “Does the minister consider this (the LEZ Support Fund) was adequate mitigation, and if so, why? Is this the justification for not actively monitoring the impact, or providing the relevant data?”

Answer: The IIA undertaken by Transport Scotland identified those living in deprived communities who are reliant upon private vehicles to access employment or education would be potentially negatively impacted by the financial implications of the need to bring forward expenditure on vehicle upgrades. To mitigate this negative impact, the LEZ Support Fund was implemented. We are satisfied that the mitigation identified at a national level has been delivered. As mentioned above, the Transport Scotland IIA recommends further mitigation and enhancement measures at a local level, where appropriate, and you may wish to contact each local authority directly to discuss the outcomes of their IIAs in more detail. These contact details are listed in answer 1 (above).

As detailed in our previous correspondence on 27 January 2025, the LEZ Support Fund, is a Scottish Government 2018 Programme for Government (PfG) commitment to provide help for those who would have greatest difficulty meeting LEZ requirements. The Fund offers an incentive to lower income households and smaller businesses to dispose of or retrofit their non-compliant vehicles and adopt sustainable travel. It is important to note that LEZs are of limited size and only apply to an approximate 1-mile square city centre area. Most vehicles in Scotland are not ordinarily driven within these zones. For those vehicles which are driven in these areas, the majority are compliant. The LEZ Support Fund is targeted at a specific cohort to ensure funding is available to those who really need it.

It should also be noted that it is not necessary to own an electric vehicle to access Scotland’s LEZs. Many may choose to swap to a compliant petrol/diesel vehicle, noting that petrol cars registered since 2006 are generally LEZ compliant. Car owners also have access to other travel alternatives such as public transport, active travel, park and ride, car share and taxis within the 1-mile square zones.

In addition to the LEZ Support Fund, there is a wider suite of support initiatives being delivered by the Scottish Government via the Energy Saving Trust (EST) to help people switch to more sustainable travel options.

The Low Carbon Transport Loan has provided businesses and individuals across Scotland interest free loans worth over £233 million to support the transition to zero emission vehicles since 2011. In 2024/25 this Fund looked to prioritise support to lower income households (with a documented household income of less than £50k) as well as households in rural, remote and Island locations, in addition to the taxi sector. Successful applicants to the loan were also able to apply for the domestic charge point fund which provides a £400 grant towards the purchase and installation of a home charge point for an electric vehicle (EV). The loan will continue to be offered through 2025/26 however the scope and focus of the fund for the year ahead is still being determined.

The Plugged-in Communities grant fund has supported a growing number of community transport schemes across the country make the switch to zero emission vehicles.

Further details of these schemes can be found on the EST website here - Grants and loans for energy and transport - Energy Saving Trust.

9) Request: “Is the implication that socio-economic factors would be included in this (the Local Authority LEZ annual reports)? Why have Glasgow not included it in theirs?”

Answer: As stated above, the requirements for reporting and reviewing the performance of LEZs are outlined within the Transport (Scotland) Act 2019. Local authorities operating a LEZ scheme must prepare and publish an annual report on the operation and effectiveness of that scheme. It is not a legislative requirement for Glasgow City Council to include socio-economic factors within their 2024 annual report.

Due to the size of the files we are unable to upload the documents referred to above.

If you wish to consider, please contact us at the address below and we will be happy to provide.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.