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3(1)In this Schedule “relevant land” means any land (including land above or below ground level) other than—E+W
(a)a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);
(b)a parking place which is provided or controlled by a traffic authority;
(c)any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.
(2)In sub-paragraph (1)(b)—
“parking place” has the meaning given by section 32(4)(b) of the Road Traffic Regulation Act 1984;
“traffic authority” means each of the following—
the Secretary of State;
the Welsh Ministers;
Transport for London;
the Common Council of the City of London;
the council of a county, county borough, London borough or district;
a parish or community council;
the Council of the Isles of Scilly.
(3)For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is “subject to statutory control” if any statutory provision imposes a liability (whether criminal or civil, and whether in the form of a fee or charge or a penalty of any kind) in respect of the parking on that land of vehicles generally or of vehicles of a description that includes the vehicle in question.
(4)In sub-paragraph (3) “statutory provision” means any provision (apart from this Schedule) contained in—
(a)any Act (including a local or private Act), whenever passed; or
(b)any subordinate legislation, whenever made,
and for this purpose “subordinate legislation” means an Order in Council or any order, regulations, byelaws or other legislative instrument.
Commencement Information
I1Sch. 4 para. 3 in force at 1.10.2012 for E. by S.I. 2012/2075, art. 3(f)
I2Sch. 4 para. 3 in force at 1.10.2012 for W. by S.I. 2012/2499, art. 2(1)(2)(b)
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