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The Road Traffic (Permitted Parking Area and Special Parking Area) (City of Glasgow) Designation Order 1999

Type Scottish-Statutory-Instrument
Publication 1999-09-13
State In force
Jurisdiction Scotland
Department Queen's Printer for Scotland
Source legislation.gov.uk
Reform history JSON API PDF

Made: 13th September 1999

Laid before the Scottish Parliament: 13th September1999

Coming into force: 4th October 1999

The Scottish Ministers, having received an application from the Glasgow City Council under paragraphs 1(1)(d) and 2(1)(c) of Schedule 3 to the Road Traffic Act 1991[^f00001] and 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

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This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Glasgow) Designation Order 1999 and shall come into force on 4th October 1999.

Interpretation

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In this Order–

Designation of permitted parking area and special parking area

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That part of the City of Glasgow local government area[^f00003] specified in Schedule 1 to this Order is hereby designated as–

Modifications and application of Part II of the 1991 Act

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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.

Modification of the 1984 Act and Schedule 3 to the 1991 Act

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Consequential modification

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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 1992[^f00004] to 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.

SCHEDULE 1 — SPECIFICATION OF AREA

City of Glasgow other than so much of each of the following roads, namely:

as lies within City of Glasgow.

SCHEDULE 2 — MODIFICATIONS OF PROVISIONS OF PART II OF THE ROAD TRAFFIC ACT 1991

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(b) the parking authority.

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(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.

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(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.

(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) 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; (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.

(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.

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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 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.

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(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 1988; - “immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984; - “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) (City of Glasgow) Designation Order 1999; - “parking attendant” has the same meaning as in section 63A of the Road Traffic Regulation Act 1984; - “parking authority” means– 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 defined by section 32(4)(a) of that Act in relation to the parking place; in any other case, the traffic authority (other than the Scottish Ministers) as defined by section 121A of that Act; - “penalty charge” means a penalty charge which is payable by virtue of paragraph 3(1) and (2) of Schedule 3 to this Act; - “prescribed” means prescribed by regulations made by the Scottish Ministers; and - “traffic commissioner” means the traffic commissioner appointed for the Scottish Traffic Area under section 4 of the Public Passenger Vehicles Act 1981.

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SCHEDULE 3

PART I — MODIFICATIONS OF THE ROAD TRAFFIC REGULATION ACT 1984

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(1) A local authority shall keep an account– (a) of their income and expenditure in respect of designated parking places for which they are the local authority and which are in the permitted parking area; and (b) of their income from additional parking charges (as defined in section 74(6) of the Road Traffic Act 1991) received by them in respect of vehicles found within the special parking area and the expenditure incurred by them in relation to that area by virtue of any provision of Part II of the Road Traffic Act 1991 as it applies in relation to that area. (1A) As soon as reasonably practicable after the end of each financial year, the local authority shall send to the Scottish Ministers a copy of the account for that year.

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In section 63A, in subsection (4) for the words “Greater London” there shall be substituted “the parking area”[^f00006].

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(1) If a vehicle is removed by the local authority in circumstances in which an offence would have been committed but for the provisions of paragraph 1(4) or 2(4) of Schedule 3 to the Road Traffic Act 1991, the local authority will be entitled to recover from any persons responsible such charges in respect of the removal, storage and disposal of the vehicle as they may require.

(4) Without prejudice to subsection (1) above, where any sum is recoverable in respect of a vehicle by a local authority in whose custody the vehicle is, the local authority shall be entitled to retain custody of it until that sum has been paid.

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In section 134, for the references to “the Secretary of State” there shall be substituted references to “the Scottish Ministers”; and for the references to “each House of Parliament” there shall be substituted references to “the Scottish Parliament”.

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In section 142(1):–

  • “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) (City of Glasgow) Designation Order 1999; and “permitted parking area” and “special parking area” are to be read accordingly;

; and

PART II — MODIFICATIONS OF SCHEDULE 3 TO THE ROAD TRAFFIC ACT 1991

In paragraph 1(4) of Schedule 3 to the Road Traffic Act 1991, paragraph (ab) shall be omitted.

Signed

SARAH BOYACK — A member of the Scottish Executive — 13th September 1999

Explanatory note

(This note is not part of the Order)

This Order extends to the City of Glasgow new arrangements for enforcing parking controls already available in London and certain other areas in England and in Edinburgh. It does so by designating City of Glasgow (with certain specified exceptions) as a permitting parking area and as a special parking area in accordance with Schedule 3 to the Road Traffic Act 1991 (the 1991 Act). The Order applies to the designated area various provisions of the 1991 Act and modifies them where necessary. It also makes consequential modifications to certain provisions of the Road Traffic Regulation Act 1984 (the 1984 Act) dealing with parking and related matters.

While the Order is in force certain specified offences will be discriminalised: for example, in the case of the permitted parking area, breaches of orders relating to free on street parking places and in the case of orders prohibiting or restricting waiting, loading and unloading.

Enforcement will be carried out by parking attendants provided under section 63A of the 1984 Act. A system of parking adjudicators will deal with disputes.

Footnotes

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