The Road Traffic (Permitted Parking Area and Special Parking Area) (North Ayrshire Council) Designation Order 2023

Article 4

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

1.—(1) Section 66 is modified in accordance with sub-paragraphs (2) to (6).

(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”,

(b) paragraphs (a)(i), (b) and (c).

(4) In subsection (3)—

(a) in paragraph (d) for “the specified proportion” substitute “one half”,

(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 in accordance with sub-paragraphs (2) and (3).

(2) In subsection (1)—

(a) omit “in a designated parking place”,

(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 in accordance with sub-paragraphs (2) to (4).

(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”,

(b) in paragraph (b)—

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

(ii) for “costs” substitute “expenses”,

(iii) for “him” substitute “it”.

4.—(1) Section 72 is modified in accordance with sub-paragraphs (2) to (4).

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

(3) Omit sub-sections (2) and (3).

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

5.—(1) Section 73 is modified in accordance with sub-paragraphs (2) to (7).

(2) Omit subsections (1), (1A), (2) and (3) to (14).

(3) 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 this Act and paragraph 5(2) of schedule 6 of this Act.”

(4) In subsection (15) for the words from “a parking adjudicator” to the end, substitute “the First-tier Tribunal and Upper Tribunal shall be recoverable by the person to whom the amount is payable as if it were payable under an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court for any sheriffdom in Scotland”.

(5) In subsection (17)—

(a) for “Joint Committee”, in both places where it occurs, substitute “parking authority”,

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

(c) for “his” substitute “their”.

(6) In subsection (18)—

(a) for “Joint Committee” substitute “parking authority””,

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

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

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

6.  For section 74 substitute—

“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.

(5) The parking authority must publish, in such a 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.”.

7.—(1) Section 82 is modified in accordance with sub-paragraphs (2) to (5).

(2) For subsection (1) substitute—

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

“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(1);

“immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984(2);

“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) (North Ayrshire Council) Designation Order 2023(3);

“parking attendant” has the same meaning as in section 63A(4) 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)(5) of that Act in relation to the parking place;

(b)

in relation to a permitted parking area and special parking area designated by article 3 of the Road Traffic (Permitted Parking Area and Special Parking Area) (North Ayrshire Council) Designation Order 2023, the local authority for the North Ayrshire local government area as constituted by section 2 of the Local Government etc. (Scotland) Act 1994(6);

“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;

“traffic commissioner” means the traffic commissioner appointed for the Scottish Traffic Area under section 4 of the Public Passenger Vehicles Act 1981(7), 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”.

8.—(1) Schedule 6 is modified in accordance with sub-paragraphs (2) to (9).

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

(3) In paragraph 2—

(a) in sub-paragraph (1) for the words from “London” to the end substitute “parking authority”,

(b) in sub-paragraph (2) for the words from “such” to the end substitute “writing”,

(c) in sub-paragraph (3) after “The”, where it first occurs, insert “parking”,

(d) in sub-paragraph (4)(c) for “place” substitute “area”,

(e) in sub-paragraph (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” substitute “parking authority”.

(5) In paragraph 4—

(a) for “London authority concerned” substitute “parking authority”,

(b) for “a parking adjudicator” in both places where it occurs substitute “the First-tier Tribunal”,

(c) in sub-paragraph (b)—

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

(ii) for “costs” substitute “expenses”,

(iii) for “him” substitute “it”,

(d) for “authority consider appropriate” substitute “parking authority considers appropriate”.

(6) In paragraph 5—

(a) in sub-paragraph (1)—

(i) for “an authority serve” substitute “the parking authority serves”,

(ii) for “a parking adjudicator” substitute “the First-tier Tribunal”,

(iii) for “authority’s decision” substitute “parking authority’s decision”,

(b) omit sub-paragraphs (2) and (3).

(7) In paragraph 6—

(a) in sub-paragraph (1) for “authority serving the notice” substitute “parking authority”,

(b) in sub-paragraph (2)(b)(ii) for “authority concerned” substitute “parking authority”,

(c) in sub-paragraph (2)(c) for “adjudicator’s” substitute “First-tier Tribunal’s”,

(d) in sub-paragraph (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.

(1)

1988 c. 53.

(2)

1984 c. 27.

(3)

S.S.I. 2023/249.

(4)

Section 63A was inserted by the Road Traffic Act 1991 Act (c. 40), section 44(1).

(5)

Section 32(4)(a) was amended by the Local Government etc. (Scotland) Act 1994 (c. 39), schedule 13, paragraph 134(4).

(6)

1994 c. 39.

(7)

1981 c. 14.