Transport Scotland Act 2019 keeper liability query: FOI release

Information requested

It is my understanding that keeper liability as outlined in section 8 of the Transport Scotland Act 2019 has not yet been passed and implemented as law in Scotland. Can you please confirm if this is still the case?

Response

I can confirm that Section 8 of the Transport (Scotland) Act 2019 has not yet been commenced.

To provide some background on private parking, a number of changes to the parking industry were introduced by the UK Government in the Parking (Code of Practice) Act 2019. However, in June 2022 this Code of Practice was temporarily withdrawn following legal challenges from a number of parking firms. The UK Government is currently undertaking consultation to bring an amended Code of Practice into force, however we do not have a set timescale at present.

It is important that the amended Code of Practice is implemented to ensure that standards are set for the private parking industry around parking charges and debt recovery fees, before any secondary legislation to support Section 8 of the above mentioned Act is brought into force in Scotland.

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