SCHEDULE 2Consequential amendments of secondary legislation
Road Traffic (Permitted Parking Area and Special Parking Area) (Dundee City Council) Designation Order 2004
17.
(1)
(2)
“Disapplication of schedule 1 of the Tribunals and Inquiries Act 19926.
The reference in paragraph 40(b) of schedule 1 of the Tribunals and Inquiries Act 199238 to a parking adjudicator appointed under section 73(3) of the 1991 Act does not apply in relation to the parking area.”.
(3)
In schedule 2 (modifications of provisions of Part 2 of the Road Traffic Act 1991)—
(a)
“(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”.”,
(b)
“3A.
(1)
Section 72 (appeals to parking adjudicator in relation to decisions under section 71) is modified as follows.
(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”.”,
(c)
in paragraph 4—
(i)
in sub-paragraph 4(2) for “and (2)” substitute “, (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13) and (14)”,
(ii)
omit sub-paragraphs (3), (5), (6), (7), (8), (9) and (10),
(iii)
“(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.”.
(iv)
“(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”.”,
(v)
“(c)
for “parking adjudicators” substitute “First-tier Tribunal and the Upper Tribunal””,
(vi)
“(13)
The heading of the section becomes “Parking Authority Costs and Administration”.”,
(d)
in paragraph 6(2)—
(i)
““First-tier Tribunal” means the First-tier Tribunal for Scotland;”,
(ii)
at the end of the entry relating to “prescribed” omit “and”,
(iii)
at the end of the entry relating to “traffic commissioner” for “.” substitute “; and”, and
(iv)
““Upper Tribunal” means the Upper Tribunal for Scotland;”,
(e)
in paragraph 7—
(i)
in sub-paragraph (5)—
(aa)
in head (a) omit “and” where it occurs on the second occasion,
(bb)
“(aa)
for “a parking adjudicator”, wherever it occurs, substitute “the First-tier Tribunal”; and”, and
(cc)
“(b)
in sub 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”.”,
(ii)
in sub-paragraph (6)—
(aa)
in head (a), for “and” substitute “, ” and after ““parking authority’s decision”” insert “and for “a parking adjudicator” substitute “the First-tier Tribunal””, and
(bb)
omit heads (b) and (c),
(iii)
in sub-paragraph (7)—
(aa)
in head (a) omit “and”,
(bb)
in head (b) for “.” substitute “;”, and
(cc)
“(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”.”,
(iv)
in sub-paragraph (9), for “Paragraph 8” substitute “Paragraphs 8 and 9”.
(4)
In schedule 3 (modifications to the Road Traffic Regulation Act 1984)—
(a)
omit paragraph 6.