Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

The Road Traffic (Permitted Parking Area and Special Parking Area) (Falkirk Council) Designation Order 2018

Consolidated Text As Enacted Cited authorities 31 Cited in Amendments 19 Related
Vincent
JurisdictionScotland
CitationSSI 2018/279
Year2018
  • This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Falkirk Council) Designation Order 2018 and comes into force on 19 November 2018.
  • In this Order—
  • a permitted parking area; and
  • a special parking area.
  • Sections 66, 69 to 74, 79 and 82 and schedule 6 of the 1991 Act apply in relation to the parking area subject to the modifications specified in schedule 2.
  • The Road Traffic Regulation Act 1984
  • The reference in paragraph 40(b) of schedule 1 of the Tribunals and Inquiries Act 1992 to a parking adjudicator appointed under section 73(3) of the 1991 Act does not apply in relation to the parking area.
    • the M80 Glasgow – Stirling Trunk Road;the M876/A876 Dennyloanhead – Kilbagie Roundabout Trunk Road;the M9/A9 Edinburgh – Stirling – Thurso Trunk Road;the A985 Kincardine – Rosyth Trunk Road.Section 66 is modified as follows.In subsection (1) omit “in a designated parking place”.“For the purposes of this Part of the Act”; andparagraphs (a) (i) , (b) and (c) .in paragraph (d) for “the specified proportion” substitute “ one half ”; andin paragraph (e) for “London” substitute “ parking ”.Omit subsection (4) .For subsection (5) (b) substitute—
    • (b) the parking authority.
    .    the parking authority.Section 69 is modified as follows.omit “in a designated parking place”; andfor “specified in section 66(2) (a) , (b) or (c) of this Act” substitute “ in which a penalty charge is payable ”.In subsection (8) for the words from “London” to the end substitute “ parking authority ”.Section 71 is modified as follows.In subsection (1) for “a London” substitute “ the parking ”.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.
    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;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;that the place where the vehicle was at rest was not in the parking area;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; orthat the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.in paragraph (a) for “a parking adjudicator” substitute “the First-tier Tribunal”; andfor “a parking adjudicator’s” substitute “the First-tier Tribunal’s”;for “costs” substitute “expenses”; andfor “him” substitute “it”.Section 72 (appeals to parking adjudicator in relation to decisions under section 71) is modified as follows.In subsection (1) for “a parking adjudicator” in both places where it occurs substitute “the First-tier Tribunal”.Omit subsections (2) and (3) .The heading of the section becomes “Appeals to the First-tier Tribunal in relation to decisions under section 71”.Section 73 is modified as follows.Omit subsections (1) , (1A) F20, (2) , (3) , (4) , (5) , (6) , (7) , (8) , (9) , (10) , (11) , (12) , (13) and (14) .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .After subsection (3) insert—
    • (3A) The parking authority must meet the costs incurred by the Scottish Courts and Tribunals Service—
    • (a) for the provision of all accommodation and administrative staff and facilities; and
    • (b) in relation to the remuneration and expenses of legal members,
      • required for the operation of the First-tier Tribunal exercising the functions set out in section 72(2) and 73(3) of...
    for the provision of all accommodation and administrative staff and facilities; andin relation to the remuneration and expenses of legal members,

    To continue reading

    Request your trial
    Navigation index

    VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT