SCHEDULE 3 Permitted and special parking areas outside London
Special parking areas
2
(1)
Where an application for an order under this sub-paragraph is made to the Secretary of State—
(a)
with respect to the whole, or any part, of their area, by a county council in England and Wales;
(b)
with respect to the whole, or any part, of their area, by a metropolitan district council;
(c)
with respect to the whole, or any part, of their area, by a regional or islands council in Scotland; or
(d)
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 special parking area.
(2)
Before making any such application, a county council in Wales shall consult the district councils whose areas lie wholly or partly within the area to which the application relates.
(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 special parking area designated by the order—
(a)
section 5 of the M1Road Traffic Regulation Act 1984 (contravention of a traffic regulation order under section 1 of that Act to be an offence), so far as it relates to the contravention of any provision of such an order prohibiting or restricting the waiting, or the loading and unloading, of vehicles;
(b)
section 11 of the Act of 1984 (contravention of, or failure to comply with, experimental traffic order under section 9 of that Act), so far as it relates to the contravention of, or failure to comply with, any provision of such an order prohibiting or restricting the waiting, or the loading and unloading, of vehicles;
(c)
section 129(6) of the M2Roads (Scotland) Act 1984 (parking of a motor vehicle wholly or partly on a cycle track to be an offence);
(d)
section 19 of the M3Road Traffic Act 1988 (parking of heavy vehicles on verges, central reservations and footpaths etc. to be an offence);
(e)
section 21 of the Act of 1988 (prohibition of driving or parking on cycle tracks), so far as it makes it an offence to park a motor vehicle wholly or partly on a cycle track.
(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.