The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Surrey) (Borough of Elmbridge) Order 2005

JurisdictionUK Non-devolved
CitationSI 2005/3407

2005 No. 3407

ROAD TRAFFIC

The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Surrey) (Borough of Elmbridge) Order 2005

Made 8th December 2005

Laid before Parliament 14th December 2005

Coming into force 9th January 2006

Whereas Surrey County Council has applied to the Secretary of State for an order to be made under paragraphs 1(1) and 2(1) of Schedule 3 to the Road Traffic Act 19911with respect to part of its area and the Secretary of State has consulted the Chief Constable of the Surrey Constabulary in accordance with the requirements of paragraphs 1(3) and 2(3) of that Schedule and the Council on Tribunals in accordance with the requirements of section 8 of the Tribunals and Inquiries Act 19922;

NOW, the Secretary of State for Transport, in exercise of the powers conferred by paragraphs 1(1), 2(1) and 3(3) of Schedule 3 to the Road Traffic Act 1991 makes the following Order:

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) (County of Surrey) (Borough of Elmbridge) Order 2005 and shall come into force on 9th January 2006.

S-2 Interpretation

Interpretation

2. In this Order—

the 1984 Act” means the Road Traffic Regulation Act 19843;

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

“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.

S-3 Application

Application

3. This Order applies to the whole of the borough of Elmbridge except—

(a) the entire length of the M25 within the borough; and

(b) the entire length of the A3 within the borough, including its on and off slip roads.

S-4 Designation of permitted parking area and special parking area

Designation of permitted parking area and special parking area

4. The Secretary of State hereby designates the area to which this Order applies as—

(a) a permitted parking area; and

(b) a special parking area.

S-5 Modification and application of Part II of the 1991 Act

Modification and application of Part II of the 1991 Act

5. Sections 66, 69 to 74, 78, 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 1 to this Order.

S-6 Modification of other provisions

Modification of other provisions

6. The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.

Karen Buck

Parliamentary Under Secretary of State

Department for Transport

8th December 2005

SCHEDULE 1

Article 5

MODIFICATIONS OF PROVISIONS OF PART II OF THE ROAD TRAFFIC ACT 1991 APPLIED IN RELATION TO THE PARKING AREA

SCH-1.1

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

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

(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.”

SCH-1.2

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

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

SCH-1.1

“1 Where, in the case of a stationary vehicle, a parking attendant has reason to believe that it has been allowed to remain at rest in any of the circumstances in which a penalty charge is payable under this Act, he or another person acting under his direction may fix an immobilisation device to the vehicle.”

(3) For subsection (8) there shall be substituted—

SCH-1.8

“8 In this section “relevant authority” means the parking authority.”

SCH-1.3

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) For subsection (4) there shall be substituted—

SCH-1.4

“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 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.”

SCH-1.4

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

(2) For subsections (1) to (3) there shall be substituted—

SCH-1.1

“1 The functions conferred on the parking authorities by this section shall be discharged by them through a joint committee (“the Joint Committee”) which has been set up in pursuance of arrangements entered into under section 101(5) of the Local Government Act 19724and of which the parking authority and at least two other local authorities are constituent authorities.

SCH-1.2

2 In subsection (1) “local authorities” means authorities which are county or district councils in England or county or county borough councils in Wales in whose areas permitted parking areas or special parking areas have been designated under Schedule 3 to this Act.

SCH-1.3

3 The parking authority shall—

(a) with the consent of the Lord Chancellor appoint persons to act as parking adjudicators for the purposes of this Act in relation to the parking area;

(b) provide or secure the provision of accommodation and administrative staff for parking adjudicators so appointed; and

(c) determine the places at which such parking adjudicators are to sit.”

(3) In subsection (5) for the words “the appointing authorities” there shall be substituted “the parking authority”.

(4) Subsections (8) to (10) shall be omitted.

(5) After subsection (12) there shall be inserted the following subsection—

SCH-1.12A

“12A The Road Traffic (Parking Adjudicators) (England and Wales) Regulations 19995shall apply to the parking area as they apply to the areas designated by the Orders listed in the Schedule to those Regulations.”

SCH-1.5

5. For section 74 there shall be substituted the following section—

SCH-1.74

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 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 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-1.6

6.—(1) Section 78 shall be modified as follows.

(2) After subsection (7) there shall be inserted the following subsection—

SCH-1.8

“8 Any order made under subsection (2), and any regulations made under subsection (4), of this section shall apply with necessary modifications, including in particular the substitution for references to a London authority of references to the parking authority, in relation to the recovery of Part II debts payable in relation to the parking area.”

SCH-1.7

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

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

SCH-1.1

“1...

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