Road Traffic Act 1991

1 (1) Where an application for an order under this sub-paragraph is made to the Secretary of State— E+W+S

(a) with respect to the whole, or any part, of their area, by a county council in England F1 . . .;

[F2 (aa) with respect to the whole, or any part, of their area, by a county council or county borough council in Wales;]

(b) with respect to the whole of their area, by a metropolitan district council;

(c) with respect to the whole of their areas, by two or more metropolitan district councils acting jointly;

(d) with respect to the whole, or any part, of their area, by a [F3 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] in Scotland;

F4 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or

(f) with respect to the whole, or any part, of the Isles of Scilly, by the Council of the Isles of Scilly,

he may make an order designating the whole, or any part, of the area to which the application relates as a permitted parking area.

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Before making an order under sub-paragraph (1) above, the Secretary of State shall consult the appropriate chief officer of police.

(4) While an order under sub-paragraph (1) above is in force, the following provisions shall cease to apply in relation to the permitted parking area designated by the order—

(a) section 35A(1) of the M1 Road Traffic Regulation Act 1984 (offences), so far as it relates to the contravention of, or non-compliance with, any provision of an order made under section 35 of that Act (use of parking places) in relation to parking places provided under section 32(1)(b) of that Act (power of local authorities to provide free parking places on roads); F5 . . .

[F6 (ab) section 35A(1) of the Act of 1984 (offences), so far as it relates to the contravention of, or non-compliance with any other provision of any order made under section 35 of that Act (use of parking places) applying in relation to a stationary vehicle.]

(b) section 47(1) of the Act of 1984 (offences) in so far as it applies in relation to any designated parking place.

[F7 ; and

(c) subsections (5) and (6) of section 53 of the Act of 1984 so far as those subsections apply in relation to stationary vehicles.]

(5) The Secretary of State may by order amend sub-paragraph (4) above by adding further provisions (but only in so far as they apply in relation to stationary vehicles).

(6) Before making an order under sub-paragraph (5) above, the Secretary of State shall consult—

(a) such representatives of chief officers of police; and

(b) such associations of local authorities (if any),

as he considers appropriate.

Textual Amendments

F1 Words in Sch. 3 para. 1(1)(a) repealed (1.4.1996) by 1994 c. 19, ss. 22(1), 66(8), Sch. 7 Pt. II para. 43(a), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, arts. 3, 4, Sch. 1, Sch. 2

F2 Sch. 3 para. 1(1)(aa) inserted (1.4.1996) by 1994 c, 19, s. 22(1), Sch. 7 Pt. II para. 43(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F3 Words in Sch. 3 para. 1(1)(d) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 171; S.I. 1996/323, art. 4(1)(b)(c)

F4 Sch. 3 para. 1(1)(e)(2) repealed (1.4.1996) by 1994 c. 19, ss. 22(1), 66(8), Sch. 7 Pt. II para. 43(c), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, arts. 3, 4, Sch. 1, Sch. 2

F5 Words in Sch. 3 para. 1(4) omitted (E.W.) (1.4.1996) by virtue of S.I. 1996/500, art. 2(b) and omission extended to (S.) (4.10.1998) by S.I. 1998/2018, art. 2

F6 Sch. 3 para. 1(4)(ab) inserted (E.W.) (1.4.1996) by S.I. 1996/500, art. 2(2)(a) and insertion extended to (S.) (4.10.1998) by S.I. 1998/2018, art. 2

F7 Sch. 3 para. 1(4)(c) and word inserted (E.W.) (1.4.1996) by S.I. 1996/500, art. 2(2)(c) and insertion extended to (S.) (4.10.1998) by S.I. 1998/2018, art. 2

Commencement Information

I1 Sch. 3 para. 1 wholly in force at 16.6.1997; Sch. 3 para. 1 in force at 1.10.1991 for England and Wales only by S.I. 1991/2054, art. 3, Sch. and at 16.6.1997 for Scotland by S.I. 1997/1580, art. 2(b)

Marginal Citations

M1 1984 c. 27.