SCHEDULE 2Consequential amendments of secondary legislation

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

2.

(1)

The Road Traffic (Permitted Parking Area and Special Parking Area) (Midlothian Council) Designation Order 20187 is amended in accordance with sub-paragraphs (2) and (3).

(2)

For article 6 (consequential modification) substitute—

“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 19928 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)

for paragraph 3(4) substitute—

“(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)

after paragraph 3 insert—

“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 (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)

for sub-paragraph (4) substitute—

“(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)

for sub-paragraph (11) substitute—

“(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)

in sub-paragraph (12), after head (b) insert—

“(c)

for “parking adjudicators” substitute “First-tier Tribunal and the Upper Tribunal”.”,

(vi)

after sub-paragraph (12) insert—

“(13)

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

(d)

in paragraph 6(2)—

(i)

before the entry relating to “hiring agreement” insert ““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)

after the entry relating to “traffic commissioner” insert ““Upper Tribunal” means the Upper Tribunal for Scotland;”,

(e)

in paragraph 7—

(i)

in sub-paragraph (5)—

(aa)

after head (a) insert—

“(aa)

for “a parking adjudicator”, wherever it occurs, substitute “the First-tier Tribunal”;”, and

(bb)

for head (b) substitute—

“(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”,

(ii)

in sub-paragraph (6)—

(aa)

omit “and” in sub-head (i) of head (a);

(bb)

after sub-head (i) of head (a) insert—

“(i)

for “a parking adjudicator” substitute “the First-tier Tribunal”; and”; and

(cc)

omit heads (b) and (c);

(iii)

in sub-paragraph (7)—

(aa)

omit “and” in head (a);

(bb)

in head (b) for “.” substitute “;”, and

(cc)

after head (b) insert—

“(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”.