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

Article 4

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

1.—(1) Section 66 is modified as follows. S

(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. S

(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. S

(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.”.

[F1 (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”.]

Textual Amendments

F1 Sch. 2 para. 3(4) 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. 2(3)(a) (with sch. 1)

[F2 3A.— (1) Section 72 (appeals to parking adjudicator in relation to decisions under section 71) is modified as follows. S

(2) In subsection (1) for “a parking adjudicator” in both places where it occurs substitute “the First-tier Tribunal”.

(3) Omit subsections (2) and (3).

(4) The heading of the section becomes “Appeals to the First-tier Tribunal in relation to decisions under section 71”.]

Textual Amendments

F2 Sch. 2 para. 3A 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. 2(3)(b) (with sch. 1)

4.—(1) Section 73 is modified as follows. S

(2) Omit subsections (1), (1A) [F3 , (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13) and (14)].

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (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.”.]

F6 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12 (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 ”.

[F13 (c) for “parking adjudicators” substitute “First-tier Tribunal and the Upper Tribunal”.]

[F14 (13) The heading of the section becomes “Parking Authority Costs and Administration”.]

Textual Amendments

F3 Words in sch. 2 para. 4(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. 2(3)(c)(i) (with sch. 1)

F4 Sch. 2 para. 4(3) 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. 2(3)(c)(ii) (with sch. 1)

F5 Sch. 2 para. 4(4) 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. 2(3)(c)(iii) (with sch. 1)

F6 Sch. 2 para. 4(5) 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. 2(3)(c)(ii) (with sch. 1)

F7 Sch. 2 para. 4(6) 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. 2(3)(c)(ii) (with sch. 1)

F8 Sch. 2 para. 4(7) 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. 2(3)(c)(ii) (with sch. 1)

F9 Sch. 2 para. 4(8) 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. 2(3)(c)(ii) (with sch. 1)

F10 Sch. 2 para. 4(9) 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. 2(3)(c)(ii) (with sch. 1)

F11 Sch. 2 para. 4(10) 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. 2(3)(c)(ii) (with sch. 1)

F12 Sch. 2 para. 4(11) 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. 2(3)(c)(iv) (with sch. 1)

F13 Sch. 2 para. 4(12)(c) 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. 2(3)(c)(v) (with sch. 1)

F14 Sch. 2 para. 4(13) 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. 2(3)(c)(vi) (with sch. 1)

5.  For section 74 substitute— S

“74.    Fixing of certain parking and other charges for parking area

(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. S

(2) For subsection (1) substitute—

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

[F15 “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) (Midlothian 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; F16 ...

“traffic commissioner” means the traffic commissioner appointed for the Scottish Traffic Area under section 4 of the Public Passenger Vehicles Act 1981 M7 [F17 ; and]

[F18 “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

F15 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. 2(3)(d)(i) (with sch. 1)

F16 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. 2(3)(d)(ii) (with sch. 1)

F17 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. 2(3)(d)(iii) (with sch. 1)

F18 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. 2(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. 2018/60.

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.

7.—(1) Schedule 6 is modified as follows. S

(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 ”;

[F19 (aa) for “a parking adjudicator”, wherever it occurs, substitute “the First-tier Tribunal”;]

[F20 (b) in subparagraph (b)—

(i) 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 ”; F21 ...

[F22 (i) for “a parking adjudicator” substitute “the First-tier Tribunal”; and]

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

F23 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In paragraph 6—

(a) in subparagraph (1) for “authority serving the notice” substitute “ parking authority ”; F24 ...

(b) in subparagraph (2)(b)(ii) for “authority concerned” substitute “ parking authority ”[F25 ;]

[F26 (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 [F27 paragraphs 8 and 9].

Textual Amendments

F19 Sch. 2 para. 7(5)(aa) 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. 2(3)(e)(i)(aa) (with sch. 1)

F20 Sch. 2 para. 7(5)(b) 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. 2(3)(e)(i)(bb) (with sch. 1)

F21 Word in sch. 2 para. 7(6)(a)(i) 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. 2(3)(e)(ii)(aa) (with sch. 1)

F22 Sch. 2 para. 7(6)(a)(i) 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. 2(3)(e)(ii)(bb) (with sch. 1)

F23 Sch. 2 para. 7(6)(b)(c) 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. 2(3)(e)(ii)(cc) (with sch. 1)

F24 Word in sch. 2 para. 7(7)(a) 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. 2(3)(e)(iii)(aa) (with sch. 1)

F25 Semicolon in sch. 2 para. 7(7) substituted for full stop (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. 2(3)(e)(iii)(bb) (with sch. 1)

F26 Sch. 2 para. 7(7)(c)(d) 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. 2(3)(e)(iii)(cc) (with sch. 1)

F27 Words in sch. 2 para. 7(9) 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. 2(3)(e)(iv) (with sch. 1)