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Road Traffic Regulation Act 1984
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Changes over time for: Section 59
Version Superseded: 01/04/1996
Alternative versions:
- 01/02/1991- Amendment
- 05/07/1993
Point in time - 01/04/1996- Amendment
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Point in time view as at 05/07/1993. This version of this provision has been superseded.
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Road Traffic Regulation Act 1984, Section 59 is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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59 Consents for, and provisions as to use of, parking places under s. 57(1)(b).E+W+S
(1)A parish or community council shall not exercise their powers under section 57(1)(b) of this Act without the consent of the council of the county [F1or metropolitan district] in which the parish or community is situated; and any consent given by the county council [F1or metropolitan district council] may be subject to such conditions or restrictions as they think fit.
(2)A parish or community council proposing to exercise their powers under section 57(1)(b) of this Act shall—
(a)for the purpose of obtaining the consent of the county council [F2or metropolitan district council] under subsection (1) above, make an application in writing to [F3 that council] giving details of the parking place which they propose to provide, and
(b)[F4in the case of an application to a county council, send a copy of it] to the council of the district in which the parish or community is situated;
and [F5, in that case,] the county council, in considering whether or not to give their consent, or to make their consent subject to any conditions or restrictions, shall have regard to any representations made to them by that district council.
(3)Subject to subsections (4) to (6) below, section 35 of this Act shall apply in relation to a parking place provided under section 57(1)(b) of this Act as if—
(a)the parish or community council were a local authority for the purposes of sections 32 and 35 of this Act, and
(b)the parking place were provided by the parish or community council under section 32 of this Act.
(4)A parish or community council shall not, by virtue of subsection (3) above, make an order under section 35(1) of this Act without the consent of the county council [F6or metropolitan district council]; and any consent given by the county council [F6or metropolitan district council] may be subject to such conditions or restrictions as they think fit.
(5)Where, by virtue of subsection (3) above, a parish or community council proposes to make an order under section 35(1) of this Act, the council shall submit a draft of the order to the county council [F7or metropolitan district council] who (without prejudice to their power to give or withhold consent to the making of the order) may require such modifications of the terms of the proposed order as they think appropriate.
(6)The powers of a county council [F8or metropolitan district council] under section 35 of this Act shall apply in relation to a parking place provided by a parish or community council under section 57(1)(b) of this Act as they apply in relation to a parking place provided by a county council [F8or metropolitan district council]; and the power to vary or revoke an order made by a parish or community council under section 35(1) of this Act shall be exercisable by the county council [F8or metropolitan district council] as well as by the parish or community council.
(7)If, by virtue of subsection (6) above, a county council [F9or metropolitan district council] proposes to make an order under section 35(1) of this Act in relation to a parking place provided by a parish or community council, they shall send a copy of the proposed order to the parish or community council.
Textual Amendments
F1Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(24)(a)
F2Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(24)(b)(i)
F3Words in s. 59(2)(a) substituted by (1.7.1992) by 1985 c. 51, ss. 1, 8, Sch. 5 para. 4 (24)(b)
F4Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(24)(b)(ii)
F5Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(24)(b)(iii)
F6Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(24)(c)
F7Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(24)(d)
F8Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(24)(e)
F9Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(24)(f)
59 Consents for, and provisions as to use of, parking places under s. 57(1)(b).E+W+S
(1)A parish or community council shall not exercise their powers under section 57(1)(b) of this Act without the consent of the council of the county [F10or metropolitan district] in which the parish or community is situated; and any consent given by the county council [F10or metropolitan district council] may be subject to such conditions or restrictions as they think fit.
(2)A parish or community council proposing to exercise their powers under section 57(1)(b) of this Act shall—
(a)for the purpose of obtaining the consent of the county council [F11or metropolitan district council] under subsection (1) above, make an application in writing to [F11that council] giving details of the parking place which they propose to provide, and
(b)[F12in the case of an application to a county council, send a copy of it] to the council of the district in which the parish or community is situated;
and [F13, in that case,] the county council, in considering whether or not to give their consent, or to make their consent subject to any conditions or restrictions, shall have regard to any representations made to them by that district council.
(3)Subject to subsections (4) to (6) below, section 35 of this Act shall apply in relation to a parking place provided under section 57(1)(b) of this Act as if—
(a)the parish or community council were a local authority for the purposes of sections 32 and 35 of this Act, and
(b)the parking place were provided by the parish or community council under section 32 of this Act.
(4)A parish or community council shall not, by virtue of subsection (3) above, make an order under section 35(1) of this Act without the consent of the county council [F14or metropolitan district council]; and any consent given by the county council [F14or metropolitan district council] may be subject to such conditions or restrictions as they think fit.
(5)Where, by virtue of subsection (3) above, a parish or community council proposes to make an order under section 35(1) of this Act, the council shall submit a draft of the order to the county council [F15or metropolitan district council] who (without prejudice to their power to give or withhold consent to the making of the order) may require such modifications of the terms of the proposed order as they think appropriate.
(6)The powers of a county council [F16or metropolitan district council] under section 35 of this Act shall apply in relation to a parking place provided by a parish or community council under section 57(1)(b) of this Act as they apply in relation to a parking place provided by a county council [F16or metropolitan district council]; and the power to vary or revoke an order made by a parish or community council under section 35(1) of this Act shall be exercisable by the county council [F16or metropolitan district council] as well as by the parish or community council.
(7)If, by virtue of subsection (6) above, a county council [F17or metropolitan district council] proposes to make an order under section 35(1) of this Act in relation to a parking place provided by a parish or community council, they shall send a copy of the proposed order to the parish or community council.
Textual Amendments
F10Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(24)(a)
F11Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(24)(b)(i)
F12Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(24)(b)(ii)
F13Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(24)(b)(iii)
F14Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(24)(c)
F15Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(24)(d)
F16Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(24)(e)
F17Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(24)(f)
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