The Road Traffic (Permitted Parking Area and Special Parking Area) (South Lanarkshire Council) Designation Order 2005

JurisdictionScotland
CitationSSI 2005/11

2005 No. 11

ROAD TRAFFIC

The Road Traffic (Permitted Parking Area and Special Parking Area) (South Lanarkshire Council) Designation Order 2005

Made 13th January 2005

Laid before the Scottish Parliament 14th January 2005

Coming into force 7th February 2005

The Scottish Ministers, having received an application from South Lanarkshire Council under paragraphs 1(1)(d) and 2(1)(c) of Schedule 3 to the Road Traffic Act 19911and having consulted the Chief Constable of Strathclyde Police in accordance with paragraphs 1(3) and 2(3) of that Schedule, in exercise of the powers conferred upon them by paragraphs 1(1), 2(1) and 3(3) of Schedule 3 to the Road Traffic Act 1991 and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (South Lanarkshire Council) Designation Order 2005 and shall come into force on 7th February 2005.

Interpretation
S-2 Interpretation

Interpretation

2. In this Order–

the 1984 Act” means the Road Traffic Regulation Act 19842;

the 1991 Act” means the Road Traffic Act 1991; and

“parking area” means the area designated as a permitted parking area and a special parking area by article 3 of this Order.

Designation of permitted parking area and special parking area
S-3 Designation of permitted parking area and special parking area

Designation of permitted parking area and special parking area

3. That part of the South Lanarkshire local government area3specified in Schedule 1 to this Order is hereby designated as–

(a) a permitted parking area; and

(b) a special parking area.

Modifications and application of Part II of the 1991 Act

Modifications and application of Part II of the 1991 Act

S-4 Sections 66, 69 to 74, 79 and 82 of, and Schedule 6 to, the ...

4. Sections 66, 69 to 74, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 2 to this Order.

S-5 The 1984 Act shall be modified in relation to the parking...

5.—(1) The 1984 Act shall be modified in relation to the parking area as specified in Part I of Schedule 3 to this Order.

(2) Schedule 3 to the 1991 Act shall be modified in relation to the parking area as specified in Part II of Schedule 3 to this Order.

Consequential modification
S-6 Consequential modification

Consequential modification

6. In relation to a parking adjudicator appointed under section 73(3) of the 1991 Act by virtue of this Order, the reference in paragraph 40(b) of Schedule 1 to the Tribunals and Inquiries Act 19924to a parking adjudicator appointed under section 73(3)(a) of the 1991 Act shall be construed as if it were a reference to a parking adjudicator appointed under section 73(3) of that Act by virtue of this Order.

NICOL STEPHEN

A member of the Scottish Executive

St Andrew’s House, Edinburgh

13th January 2005

SCHEDULE 1

Article 3

SPECIFICATION OF AREA

South Lanarkshire local government area, with the exception of–

The M74 Glasgow to Carlisle Motorway

The A725 Shawhead to East Kilbride trunk road

The A726 Birniehill Roundabout, East Kilbride to the B766 Carmunnock bypass roundabout trunk road.

SCHEDULE 2

Article 4

MODIFICATIONS OF PROVISIONS OF PART II OF THE ROAD TRAFFIC ACT 1991

SCH-2.1

1.—(1) Section 66 shall be modified as follows.

(2) In subsection (1), “in a designated parking place” shall be omitted.

(3) In subsection (2)–

(a)

(a) “For the purposes of this Part of the Act”; and

(b)

(b) paragraphs (a)(i),(b) and (c),

shall be omitted.

(4) In subsection (3)–

(a)

(a) in paragraph (d) for “the specified proportion” there shall be substituted “one half”; and

(b)

(b) in paragraph (e) for “London” there shall be substituted “parking”.

(5) Subsection (4) shall be omitted.

(6) In subsection (5), for paragraph (b) there shall be substituted–

“(b)

“(b) the parking authority.”.

SCH-2.2

2.—(1) Section 69 shall be modified as follows.

(2) In subsection (1)–

(a)

(a) “in a designated parking place” shall be omitted; and

(b)

(b) for “specified in section 66(2)(a), (b) or (c) of this Act” there shall be substituted “in which a penalty charge is payable”.

(3) In subsection (8), from “London” to the end there shall be substituted “parking authority”.

SCH-2.3

3.—(1) Section 71 shall be modified as follows.

(2) In subsection (1) for “a London” there shall be substituted “the parking”.

(3) For subsection (4) there shall be substituted–

SCH-2.4

“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” there shall be substituted “expenses”.

SCH-2.4

4.—(1) Section 73 shall be modified as follows.

(2) Subsections (1), (1A) and (2) shall be omitted.

(3) For subsection (3) there shall be substituted–

SCH-2.3

“3 The traffic commissioner shall, with the consent of the Lord Advocate, appoint persons to act as parking adjudicators for the purposes of this Part of this Act.”.

(4) After subsection (3) there shall be inserted the following subsections:–

SCH-2.3A

“3A A parking adjudicator appointed by virtue of this section is authorised to act as a parking adjudicator in relation to the parking area.

SCH-2.3B

3B The parking authority, after consultation with the traffic commissioner–

(a) shall–

(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) from “have” to the end there shall be substituted “be an advocate or solicitor of at least five years' standing”.

(6) In subsection (5), for “appointing authorities” there shall be substituted “traffic commissioner”.

(7) For subsections (8) to (10) there shall be substituted–

SCH-2.8

“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” there shall be substituted “The Scottish Ministers”.

(9) In subsection (12)–

(a)

(a) in each of paragraphs (i) and (j), for “costs” there shall be substituted “expenses”; and

(b)

(b) in paragraph (j) for “county” there shall be substituted “sheriff”.

(10) In subsection (15), from “if a” to the end there shall be substituted “be recoverable by the person to whom the amount is payable as if it were payable under an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court for any sheriffdom in Scotland”.

(11) In subsection (17) for “Joint Committee”, in each place where it occurs, there shall be substituted “parking authority”.

(12) In subsection (18)–

(a)

(a) for “Joint Committee”, there shall be substituted “parking authority”.

(b)

(b) for “The Secretary of State” there shall be substituted “The Scottish Ministers”.

SCH-2.5

5. For section 74 there shall be substituted the following section:–

SCH-2.74

Fixing of certain parking and other charges for parking area

74.—(1) It shall be the duty of the parking authority to set the levels of additional parking charges to apply in the parking area.

(2) Different levels may be set for different parts of the parking area.

(3) The levels of additional parking charges set by the parking authority under this section shall accord with any guidance given by the Scottish Ministers whether such guidance is given specifically to the parking authority or to local authorities generally.

(4) Any guidance given by the Scottish Ministers under subsection (3) above may be varied at any time by them.

(5) The parking authority shall publish, in such manner as the Scottish Ministers may determine, the levels of additional parking charges which have been set under this section.

(6) In this section “additional parking charges” means penalty charges, charges made by the parking authority for the removal, storage and disposal of vehicles and charges for the release of vehicles from immobilisation devices fixed under section 69 of this Act.”.

SCH-2.6

6.—(1) Section 82 shall be modified as follows.

(2) For subsection (1) there shall be substituted–

SCH-2.1

“1 In this section and sections 66, 69 to 74 and 79 of, and Schedule 6 to, this Act–

“hiring agreement” and “vehicle hire firm” have the same meanings as in section 66 of the Road Traffic Offenders Act 19885;

“immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 19846;

“parking area” means the area designated as a permitted parking area and a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (South Lanarkshire Council) Designation Order 20057;

“parking attendant” has the same meaning as in section 63A8of the Road Traffic Regulation Act 1984;

“parking authority” means–

(a) in relation to a parking place which was provided or authorised under section 32(1) of the Road Traffic Regulation Act 1984, the local authority as...

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