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

6.—(1) Section 82 is modified as follows. S

(2) For subsection (1) substitute—

“(1) In this section and sections 66, 69 to 74 and 79 and schedule 6 of this Act M1 —

[F1 “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 M2 ;

“immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984 M3 ;

“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) (Falkirk Council) Designation Order 2018 M4 ;

“parking attendant” has the same meaning as in section 63A M5 of 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 defined by section 32(4)(a) of that Act in relation to the parking place;

(b)

in any other case, the traffic authority (other than the Scottish Ministers) as defined by section 121A M6 of that Act;

“penalty charge” means a penalty charge which is payable by virtue of paragraph 3(1) and (2) of schedule 3 of this Act;

“prescribed” means prescribed by regulations made by the Scottish Ministers; F2 ...

“traffic commissioner” means the traffic commissioner appointed for the Scottish Traffic Area under section 4 of the Public Passenger Vehicles Act 1981 M7 [F3 ; and]

[F4 “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 ”.

Textual Amendments

F1 Words in sch. 2 para. 6(2) inserted (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 1(3)(d)(i) (with sch. 1)

F2 Word in sch. 2 para. 6(2) omitted (1.4.2020) by virtue of The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 1(3)(d)(ii) (with sch. 1)

F3 Word in sch. 2 para. 6(2) substituted (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 1(3)(d)(iii) (with sch. 1)

F4 Words in sch. 2 para. 6(2) inserted (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 1(3)(d)(iv) (with sch. 1)

Marginal Citations

M1 Road Traffic Act 1991 c.40.

M2 1988 c.53.

M3 1984 c.27.

M4 S.S.I. 2018/279.

M5 Section 63A was inserted by the 1991 Act, section 44(1).

M6 Section 121A was inserted by the New Roads and Street Works Act 1991 (c.22), schedule 8, paragraph 70.

M7 1981 c.14.