Part IV E+W+S Parking Places

Provision of off-street parking, and parking on roads without payment E+W+S

36 Provisions as to authorising use of roads for parking. E+W+S

(1) Subject to section 37 of this Act, no order under section 32(1)(b) of this Act shall—

(a) authorise the use of any part of a road so as unreasonably to prevent access to any premises adjoining the road or the use of the road by any person entitled to use it, or so as to be a nuisance, or

(b) be made in respect of any part of a road without the consent of the authority or person responsible for the maintenance of the road.

(2) The exercise by a local authority of their powers under section 32 of this Act with respect to the use as a parking place of any part of a road shall not render them subject to any liability in respect of the loss of or damage to any vehicle or the fittings or contents of any vehicle parked in the parking place.

(3) In relation to roads in England the power to make an order under section 32(1)(b) of this Act shall not be exercisable by [F1 non-metropolitan] district councils.

(4) Subsection (3) above shall not affect the operation of section 101(1) of the M1 Local Government Act 1972 (arrangements for discharge of functions by local authorities), which shall have effect as if subsection (3) above were contained in an Act passed before that Act.

Textual Amendments

F1 Word inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(14)

Marginal Citations

M1 1972 c. 70(81:1).