The Road Traffic (Permitted Parking Area and Special Parking Area) (Inverclyde Council) Designation Order 2014

Made: 11th June 2014

Laid before the Scottish Parliament: 13th June 2014

Coming into force: 6th October 2014

In accordance with paragraphs 1(3) and 2(3) of that Schedule they have consulted the chief constable of the Police Service of Scotland.

Citation and commencement

1

This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Inverclyde Council) Designation Order 2014 and comes into force on 6th October 2014.

Interpretation

2

In this Order—

• “the 1984 Act” means the Road Traffic Regulation Act 1984[^f00002];

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

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

Designation as permitted parking area and special parking area

3

That part of the Inverclyde local government area[^f00003] specified in Schedule 1 is designated as—

• (a) a permitted parking area; and

• (b) a special parking area.

Modifications and application of Part II of the 1991 Act

4

Sections 66, 69 to 74, 79 and 82 of, and Schedule 6 to, the 1991 Act apply in relation to the parking area subject to the modifications specified in Schedule 2.

Modifications of the 1984 Act

5

The 1984 Act is modified in relation to the parking area as specified in Schedule 3.

Consequential modification

6

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.

SCHEDULE 1 — SPECIFICATION OF PARKING AREA

The Inverclyde local government area, with the exception of—

• That length of the M8/A8 Edinburgh – Greenock Trunk Road from a point 634 metres or thereby east of the Finlaystone lay-by, being the Inverclyde/Renfrewshire local government boundary, in a westerly direction, to a point 39 metres or thereby west of the extended western kerbline of Bogston Lane, Greenock, a distance of 4.45 kilometres or thereby;

• That length of the A78 Greenock – Prestwick Trunk Road from a point 216 metres or thereby west of the centreline of the junction with Flatterton road, Greenock, in a westerly direction, to point 66 metres or thereby north of the centreline of the junction with Kishorn road, Wemyss Bay, a distance of 7.1 kilometres or thereby.

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

1

• (1) Section 66 is modified as follows.

• (2) In subsection (1) omit “in a designated parking place”.

• (3) In subsection (2) omit—

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

• (b) paragraphs (a)(i), (b) and (c).

• (4) In subsection (3)—

• (a) in paragraph (d) for “the specified proportion” substitute “one half”; and

• (b) in paragraph (e) for “London” substitute “parking”.

• (5) Omit subsection (4).

• (6) For subsection (5)(b) substitute—

(b) the parking authority.

2

• (1) Section 69 is modified as follows.

• (2) In subsection (1)—

• (a) omit “in a designated parking place”; and

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

• (3) In subsection (8) for the words from “London” to the end substitute “parking authority”.

3

• (1) Section 71 is modified as follows.

• (2) In subsection (1) for “a London” substitute “the parking”.

• (3) 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.

• (4) In subsection (8)—

• (a) in paragraph (a) for “a parking adjudicator” substitute “the First-tier Tribunal”; and

• (b) in paragraph (b)—

• (i) for “a parking adjudicator’s” substitute “the First-tier Tribunal’s”;

• (ii) for “costs” substitute “expenses”; and

• (iii) for “him” substitute “it”.

4

• (1) Section 73 is modified as follows.

• (2) Omit subsections (1), (1A) , (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13) and (14).

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) 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 the 1991 Act and paragraph 5(2) of schedule 6 of that Act.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) In subsection (17)—

• (a) for “Joint Committee”, wherever it occurs, substitute “parking authority”;

• (b) for “each parking adjudicator” substitute “the First-tier Tribunal and the Upper Tribunal”; and

• (c) for “him” substitute “their”.

• (12) In subsection (18)—

• (a) for “Joint Committee” substitute “parking authority”; and

• (b) for “the Secretary of State” substitute “the Scottish Ministers”.

• (c) for “parking adjudicators” substitute “First-tier Tribunal and the Upper Tribunal”.

• (13) The heading of the section becomes “Parking Authority Costs and Administration”.

5

For section 74 substitute—

(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 must 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.

6

• (1) Section 82 is modified as follows.

• (2) For subsection (1) substitute—

(1) In this section and sections 66, 69 to 74 and 79 of, and Schedule 6 to, this Act[^f00005]— - “First-tier Tribunal” means the First-tier Tribunal for Scotland; - “hiring agreement” and “vehicle‑hire firm” have the same meanings as in section 66 of the Road Traffic Offenders Act 1988[^f00006]; - “immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984[^f00007]; - “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) (Inverclyde Council) Designation Order 2014[^f00008]; - “parking attendant” has the same meaning as in section 63A[^f00009] 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[^f00010] 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; ... - “traffic commissioner” means the traffic commissioner appointed for the Scottish Traffic Area under section 4 of the Public Passenger Vehicles Act 1981[^f00011]; and - “Upper Tribunal” means the Upper Tribunal for Scotland;

• (3) In subsection (5) for “London authority concerned” substitute “parking authority”.

• (4) In subsection (6) for “a Minister of the Crown” substitute “the Scottish Ministers”.

• (5) In subsection (7) for “either House of Parliament” substitute “the Scottish Parliament”.

7

• (1) Schedule 6 is modified as follows.

• (2) In paragraph 1(1) for “London authority concerned” substitute “parking authority”.

• (3) In paragraph 2—

• (a) in subparagraph (1) for the words from “London” to the end substitute “parking authority”;

• (b) in subparagraph (2) for the words from “such” to the end substitute “writing”;

• (c) in subparagraph (3) after “The”, where it first occurs, insert “parking”;

• (d) in subparagraph (4)(c) for “place” substitute “area”; and

• (e) in subparagraph (7) for “an authority to whom representations are duly made” substitute “the parking authority when representations are duly made to it”.

• (4) In paragraph 3(1) and (2) for “London authority concerned” in each place where it occurs substitute “parking authority”.

• (5) In paragraph 4—

• (a) For “London authority concerned” substitute “parking authority”;

• (aa) for “a parking adjudicator”, wherever it occurs, substitute “the First-tier Tribunal”;

• (b) in subparagraph (b)—

• (i) for “a parking adjudicator’s” substitute “the First-tier Tribunal’s”;

• (ii) for “costs” substitute “expenses”; and

• (iii) for “him” substitute “it”; and

• (c) for “authority consider appropriate” substitute “parking authority consider appropriate”.

• (6) In paragraph 5—

• (a) in subparagraph (1)—

• (i) for “an authority” substitute “the parking authority”; ...

• (ia) for “a parking adjudicator” substitute “the First-tier Tribunal”; and

• (ii) for “authority’s decision” substitute “parking authority’s decision”;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) In paragraph 6—

• (a) in subparagraph (1) for “authority serving the notice” substitute “parking authority”; ...

• (b) in subparagraph (2)(b)(ii) for “authority concerned” substitute “parking authority”;

• (c) in subparagraph (2)(c) for “adjudicator’s” substitute “First-tier Tribunal’s”; and

• (d) in subparagraph (3) for “adjudicator” substitute “First-tier Tribunal” and for “his” substitute “its”.

• (8) In paragraph 7 for the words from “authority concerned” to the end substitute “parking authority may recover the increased charge as if the charge certificate were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court in any sheriffdom in Scotland”.

• (9) Omit paragraphs 8 and 9.

SCHEDULE 3 — MODIFICATIONS OF THE ROAD TRAFFIC REGULATION ACT 1984

1

In section 46(1A) for “Greater London” substitute “the parking area”[^f00012].

2

• (1) Section 55 is modified as follows.

• (2) For subsection (1) substitute—

(1) A local authority must 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 must send to the Scottish Ministers a copy of the account for that year.

• (3) Omit subsections (3A) and (3B)[^f00013].

3

In section 63A(4)—

• (a) for “Greater London” substitute “the parking area”; and

• (b) for “Greater London Authority” substitute “Scottish Ministers”[^f00014].

4

• (1) Section 101 is modified as follows.

• (2) Omit subsection (4).

• (3) In subsection (4A) for “Greater London” substitute “the parking area”[^f00015].

• (4) Omit subsection (5).

• (5) In subsection (5A) for “Greater London” substitute “the parking area”[^f00016].

5

• (1) Section 102 is modified as follows.

• (2) For subsection (1) substitute—

(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.

• (3) Omit subsections (2) and (3).

• (4) For subsection (4) substitute—

(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.

• (5) In subsection (5) for “an authority” substitute “the local authority”.

• (6) Omit subsections (6) and (7).

• (7) In subsection (8)(b) of the definition of “appropriate authority” for the words “outside Greater London” substitute “within the parking area”.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

In section 142(1)—

• (a) after the definition of “owner” insert—

• “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) (Inverclyde Council) Designation Order 2014; and “permitted parking area” and “special parking area” are to be read accordingly;

; and

• (b) in the definition of “prescribed” for “the Secretary of State” substitute “the Scottish Ministers”.

Signed

KEITH BROWN — Authorised to sign by the Scottish Ministers — 11th June 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order extends to Inverclyde Council, arrangements for enforcing parking controls already available in London and certain other areas in England and in Edinburgh, Glasgow, Perth and Kinross, Aberdeen, Dundee, South Lanarkshire, Renfrewshire, East Renfrewshire, East Ayrshire, South Ayrshire, Fife, East Dunbartonshire and Argyll and Bute.

The Order designates Inverclyde local government area (with certain specified exceptions) as a permitted 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 decriminalised: 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 the special parking area, 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

[^f00001]: 1991 c.40; paragraphs 1(1) and 2(1) of Schedule 3 were relevantly amended by the Local Government etc. (Scotland) Act 1994 (c.39), paragraph 171, Schedule 13. The functions of the Secretary of State under that Schedule, so far as they are exercisable within devolved competence, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46).

[^f00002]: 1984 c.27.

[^f00003]: Inverclyde local government area was established by section 1(2) and (4) of, and Schedule 1 to, the Local Government etc. (Scotland) Act 1994 (c.39).

[^f00005]: Road Traffic Act 1991 c.40.