SCHEDULE 1
Article 4
MODIFICATIONS OF PROVISIONS OF THE ROAD TRAFFIC ACT 1991 APPLIED IN RELATION TO THE PERMITTED PARKING AREA AND THE SPECIAL PARKING AREA
1.—(1) Section 66 shall be modified as follows.
(2) In subsection (1)—
(a)
(a) the words “in a designated parking place” shall be omitted; and
(b)
(b) after the words “is payable” there shall be inserted “in accordance with paragraph 3(1) and (2) of Schedule 3 to this Act”.
(3) Subsection (2) shall be omitted.
(4) In subsection (3)—
(a)
(a) in paragraph (d) for the words “the specified proportion” there shall be substituted “one half”; and
(b)
(b) in paragraph (e) for the words “the London authority” there shall be substituted “the parking authority”.
(5) Subsection (4) shall be omitted.
(6) In subsection (5) for paragraph (b) there shall be substituted—
“(b)
“(b) the parking authority.”
2.—(1) Section 69 shall be modified as follows.
(2) In subsection (1)—
(a)
(a) the words “in a designated parking place” shall be omitted;
(b)
(b) for the words “specified in section 66(2)(a), (b) or (c) of,” there shall be substituted “in which a penalty charge is payable by virtue of paragraph 3(1) and (2) of Schedule 3 to”.
(3) For subsection (8) there shall be substituted—
“8 In this section “relevant authority” means the parking authority.”
3.—(1) Section 71 shall be modified as follows.
(2) In subsection (1) for the words “a London authority” there shall be substituted “the parking authority”.
(3) In subsection (3) for the word “below” there shall be substituted “or subsection (4A) below as the case may be”.
(4) In subsection (4)—
(a)
(a) at the beginning there shall be inserted “In the case of a vehicle which it is alleged was found in a designated parking place”; and
(b)
(b) for paragraph (a) there shall be substituted—
“(a)
“(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 designated parking place in circumstances in which a penalty charge was payable by virtue of paragraph 3(1) and (2) of Schedule 3 to this Act;”.
(5) After subsection (4), there shall be inserted the following subsection—
“4A In the case of a vehicle which it is alleged was found in a special parking area, but not in a designated parking place, the grounds referred to in subsection (3) above 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 special parking area (but not in a designated parking place) in circumstances in which a penalty charge was payable by virtue of paragraph 3(1) and (2) of Schedule 3 to this Act;
(b) that the vehicle had been permitted to remain at rest in the place in question 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 a designated parking place or was not in the special 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 did not apply to the vehicle in question; or
(e) that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.”
4.—(1) Section 72 shall be modified as follows.
(2) In subsection (2) after the words “section 71(4)” there shall be inserted “or (4A)”.
5.—(1) Section 73 shall be modified as follows.
(2) In subsection (3) paragraphs (b) and (c) shall be omitted.
(3) The following subsections shall be inserted after subsection (3)—
“3A A parking adjudicator appointed under this section is authorised to act as a parking adjudicator in relation to the permitted parking area or the special parking area.
3B The parking authority—
(a) shall provide or enter into arrangements for the provision of accommodation and administrative staff for parking adjudicators acting in relation to either of those areas;
(b) may enter into arrangements with the Joint Committee appointed under subsection (1), for the remuneration of such parking adjudicators; and
(c) shall determine the places where they are to sit.
3C Any accommodation provided under subsection (3B)(a) above is to be treated as including the principal office of the adjudicator acting in relation to the permitted parking area or the special parking area,”
(4) After subsection (12) there shall be inserted the following subsection—
“12A Any regulations made under subsection (11) above shall apply, with necessary modifications, to the procedure to be followed in relation to proceedings before parking adjudicators who are acting under authority conferred by subsection (3A) of this section.”
(5) In subsections (17) and (18) for the words “Joint Committee”, in each place where those words occur, there shall be substituted “parking authority”.
6. For section 74 there shall be substituted the following section—
“74.—(1) It shall be the duty of the parking authority to set the levels of additional parking charges to apply in the permitted parking area and in the special parking area.
(2) Different levels may be set for different parts of the permitted parking area or, as the case may be, of the special parking area.
(3) The levels of additional parking charges set by the parking authority under this section shall accord with guidance given by the Secretary of State whether such guidance is given specifically to the parking authority or to local authorities generally.
(4) Guidance given by the Secretary of State under subsection (3) above may be varied at any time by the Secretary of State.
(5) The parking authority shall publish, in such manner as the Secretary of State may determine, the levels of additional parking charges which have been set under this section.
(6) In this section “additional...
