(1)Any power of a local authority to make charges under section 45 of this Act for vehicles left in a designated parking place shall include power to require those charges, or any part of them, to be paid by means of the hire or purchase in advance, or the use, of parking devices in accordance with any relevant provision of an order under section 46 of this Act.
(2)Any ower of a local authority to make orders under section 46(2) of this Act shall include power by any such order to make provision—
(a)for regulating the issue, use and surrender of parking devices;
(b)for requiring vehicles to display parking devices when left in any parking place in respect of which the parking devices may be used;
(c)without prejudice to the generality of paragraph (b) above, for regulating the manner in which parking devices are to be displayed or operated;
(d)for prescribing the use, and the manner of use, of apparatus, of such type as may be approved by the Secretary of State either generally or specially, designed to be used in connection with parking devices;
(e)for treating—
(i)the indications given by a parking device; or
(ii)the display or the failure to display a parking device on or in any vehicle left in any parking place,
as evidence [F2(and, in Scotland, as sufficient evidence)] of such facts as may be provided by the order;
(f)for the refund, in such circumstances and in such manner as may be prescribed in the order, of the whole or part of the amount of any charge paid in advance in respect of a parking device;
(g)for the payment of a deposit in respect of the issue of a parking device and for the repayment of the whole or part of any such deposit.
(3)For the purposes of subsection (2) above—
(a)the references to parking meters in section 46(2)(b) and (c) of this Act shall include references to the apparatus referred to in subsection (2)(d) above; and
(b)the reference in section 46(2)(c) of this Act to the insertion in a parking meter of coins [F3or banknotes] additional to those inserted by way of payment of any charge [F4or to the insertion or re-insertion in a parking meter of a credit or debit card additional to the original insertion of such a card] shall include (so far as is appropriate) a reference to insertions or re-insertions in any such apparatus of parking devices additional to the original insertion of those devices.
(4)[F5In this section and in section 52 below “parking device” means either] a card, disc, token, meter, permit, stamp or other similar device, whether used in a vehicle or not, of such type or design as may be approved by the Secretary of State [F6either generally or specially], which, being used either by itself, or in conjunction with any such apparatus as is referred to in subsection (2)(d) above, indicates, or causes to be indicated, the payment of a charge, and—
(a)the period in respect of which it has been paid and the time of the beginning or end of the period; or
(b)whether [F7or not] the period for which it has been paid or any further period has elapsed; [F8or]
[F8(c)the period for which the vehicle in relation to which the parking device is used is permitted to park in the parking place, and the time of the beginning or end of the period; or
(d)whether or not the period for which the vehicle in relation to which the parking device is used is permitted to park in the parking place or any further period has elapsed;
or any other device of any such description as may from time to time be prescribed for the purposes of this section and section 52 below by order made by the Secretary of State, and of such type or design as may be approved by the Secretary of State either generally or specially.]
[F9(4A)An order under subsection (4) above which revokes or amends a previous order under that subsection may make such saving and transitional provision as appears to the Secretary of State to be necessary or expedient.
(4B)The power to make orders under subsection (4) above is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
(5)Subject to subsection (6) below, the approval of the Secretary of State of—
(a)the type or design of a parking device; or
(b)the type of apparatus designed to be used in connection with parking devices,
may [F10for the purposes of this section] be given, in respect of any device or apparatus, either without limit of time or for such period, F11 . . ., as the Secretary of State considers appropriate.
(6)Before the expiry of any such period, or of any such period as extended under this subsection, the Secretary of State—
(a)may direct that the period shall be extended for such further period as he may specify; or
(b)may approve the device without limit of time.]
Textual Amendments
F2Words inserted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 4(a)
F3Words inserted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 4(b)
F4Words inserted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 4(b)
F5Words substituted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 4(c)(i)
F6Words inserted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 4(c)(ii)
F7Words inserted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 4(c)(iii)
F8Words inserted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 4(c)(iv)
F10Words inserted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 4(b)
F11Words in s. 51(5) repealed (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 48, 83, Sch. 4, para. 28, Sch. 8; S.I. 1991/2054, art.3,Sch.