2016 No. 407
The Road Traffic (Permitted Parking Area and Special Parking Area) (East Lothian Council) Designation Order 2016
The Scottish Ministers make the following Order in exercise of the powers conferred by paragraphs 1(1), 2(1) and 3(3) of schedule 3 of the Road Traffic Act 1991() and all other powers enabling them to do so.
In accordance with paragraphs 1(1)(d) and 2(1)(c) of that schedule they have received an application for this Order from East Lothian Council.
In accordance with paragraphs 1(3) and 2(3) of that schedule they have consulted the chief constable of the Police Service of Scotland.
‘the parking area’ means the area designated as a permitted parking area and a special parking area by article 3.
(b) a special parking area.
SCHEDULE 1
Article 3
SPECIFICATION OF PARKING AREA
The East Lothian local government area, excluding the following trunk roads in so far as they fall within the East Lothian local government area—
(a) A1 Edinburgh — London trunk road in East Lothian from Old Craighall junction eastwards and then southeastwards to Dunglass Bridge at the Scottish Borders local government area boundary, a distance of 47.22 kilometres or thereby;
(b) A720 City of Edinburgh Bypass in East Lothian from Midlothian local government area boundary northwards to Old Craighall junction, a distance of 810 metres or thereby.
SCHEDULE 2
Article 4
MODIFICATIONS OF PROVISIONS OF PART II OF THE ROAD TRAFFIC ACT 1991
1.—(1) Section 66 is modified as follows.
(2) In subsection (1) omit ‘in a designated parking place’.
(3) In subsection (2) omit—
(a) ‘For the purposes of this Part of the Act’; and
(b) paragraphs (a)(i), (b) and (c).
(4) In subsection (3)—
(a) in paragraph (d) for ‘the specified proportion’ substitute ‘one half’; and
(b) in paragraph (e) for ‘London’ substitute ‘parking’.
(5) Omit subsection (4).
(6) For subsection (5)(b) substitute—
‘(b) the parking authority.’.
2.—(1) Section 69 is modified as follows.
(2) In subsection (1)—
(a) omit ‘in a designated parking place’; and
(b) for ‘specified in section 66(2)(a), (b) or (c) of this Act’ substitute ‘in which a penalty charge is payable’.
(3) In subsection (8) for the words from ‘London’ to the end substitute ‘parking authority’.
3.—(1) Section 71 is modified as follows.
(2) In subsection (1) for ‘a London’ substitute ‘the parking’.
(3) For subsection (4) substitute—
‘(4) The grounds are—
(a) that there were no reasonable grounds for the parking attendant concerned to believe that the vehicle had been permitted to remain at rest in the parking area in circumstances in which a penalty charge was payable;
(b) that the vehicle had been permitted to remain at rest in the place where it was by a person who was in control of the vehicle without the consent of the owner;
(c) that the place where the vehicle was at rest was not in the parking area;
(d) in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, section 69 of this Act did not apply to the vehicle in question at the time in question; or
(e) that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.’.
(4) In subsection (8)(b) for ‘costs’ substitute ‘expenses’.
4.—(1) Section 73 is modified as follows.
(2) Omit subsections (1), (1A) and (2).
(3) For subsection (3) substitute—
‘(3) The traffic commissioner must, with the consent of the Lord Advocate, appoint persons to act as parking adjudicators.’.
(4) After subsection (3) insert—
‘(3A) A parking adjudicator appointed by virtue of this section is authorised to act as a parking adjudicator in relation to the parking area.
(3B) The parking authority, after consultation with the traffic commissioner—
(a) must—
(i) provide, or enter into arrangements for the provision of, accommodation and administrative staff for the parking adjudicators acting in relation to the parking area; and
(ii) determine the places at which such parking adjudicators are to sit; and
(b) may enter into arrangements for the remuneration of such parking adjudicators.’.
(5) In subsection (4) for the words from ‘have’ to the end substitute ‘be an advocate or solicitor of at least five years' standing’.
(6) In subsection (5) for ‘appointing authorities’ substitute ‘traffic commissioner’.
(7) For subsections (8) to (10) substitute—
‘(8) The reasonable expenses of the traffic commissioner incurred in connection with the discharge of the duties imposed on him by this section, shall be met by the parking authority.’.
(8) In subsection (11) for ‘The Secretary of State’ substitute ‘The Scottish Ministers’.
(9) In subsection (12)—
(a) in each of paragraphs (i) and (j) for ‘costs’ substitute ‘expenses’; and
(b) in paragraph (j) for ‘county’ substitute ‘sheriff’.
(10) In subsection (15) for the words from ‘if a’ to the end...
