Parking (Code of Practice) Act 2019

Supplementary and final provisions

9 Regulations

(1) Any power to make regulations under this Act is exercisable by statutory instrument.

(2) Regulations under section 8(1) may—

(a) make different provision for different purposes;

(b) contain incidental, supplemental, consequential or transitional provision or savings;

(c) provide for a person to exercise a discretion in dealing with any matter.

(3) A statutory instrument containing regulations under section 8(1) is subject to annulment in pursuance of a resolution of either House of Parliament.

10 Interpretation

(1) In this Act—

• “accredited parking association” has the meaning given by section 5(3);

• “parking charge” has the meaning given by subsection (2);

• “the parking code” means the code issued under section 2(4) (as altered or replaced from time to time);

• “private parking facilities” means facilities for the parking of vehicles on relevant land;

• “public authority” means a public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal;

• “the register” has the meaning given by section 5(4);

• “relevant land” has the meaning given by subsection (3);

• “vehicle” means a mechanically-propelled vehicle or a vehicle designed or adapted for towing by a mechanically-propelled vehicle.

(2) “Parking charge” has the meaning given by paragraph 2 of Schedule 4 to the Protection of Freedoms Act 2012 (recovery of unpaid parking charges), but in relation to Scotland that paragraph has effect for the purposes of this Act with the following modifications—

(a) references to tort are to be read as references to delict,

(b) in paragraph 2(3), paragraph (a), and the words “where no such requirements apply,” in paragraph (b), are to be treated as omitted, and

(c) “relevant land” has the meaning given by subsection (3) below.

(3) “Relevant land” has the meaning given by paragraph 3 of Schedule 4 to the Protection of Freedoms Act 2012, but in relation to Scotland that paragraph has effect for the purposes of this Act with the following modifications—

(a) the reference in paragraph 3(1)(a) to a highway maintainable at the public expense is to be read as a reference to a public road within the meaning of section 151(1) of the Roads (Scotland) Act 1984,

(b) the reference in paragraph 3(1)(b) to a parking place which is provided or controlled by a traffic authority is to be read as a reference to a parking place provided or controlled by—

(i) the Secretary of State,

(ii) the Scottish Ministers, or

(iii) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, and

(c) the reference in paragraph 3(4) to an Act is to be taken to include an Act of the Scottish Parliament.

11 Application to the Crown

(1) This Act binds the Crown and applies in relation to any Crown land as it applies in relation to any other land.

(2) For the purposes of this section “Crown land” means land an interest in which—

(a) belongs to Her Majesty in right of the Crown or in right of Her private estates,

(b) belongs to Her Majesty in right of the Duchy of Lancaster,

(c) belongs to the Duchy of Cornwall,

(d) belongs to a government department or is held in trust for Her Majesty for the purposes of a government department, or

(e) belongs to an office-holder in the Scottish Administration or is held in trust for Her Majesty for the purposes of the Scottish Administration by such an office-holder.

(3) In subsection (2)—

(a) the reference to Her Majesty’s private estates is to be read in accordance with section 1 of the Crown Private Estates Act 1862;

(b) “office-holder in the Scottish Administration” has the meaning given by section 126(7) of the Scotland Act 1998.

12 Commencement, extent and short title

(1) The following provisions of this Act come into force on the day on which this Act is passed—

(a) section 9 and this section;

(b) any power to make regulations under this Act.

(2) The remaining provisions of this Act come into force on such day as the Secretary of State may by regulations appoint.

(3) Regulations under subsection (2) may—

(a) appoint different days for different purposes;

(b) contain incidental, supplemental, consequential or transitional provision or savings.

(4) This Act extends to England and Wales and Scotland.

(5) This Act may be cited as the Parking (Code of Practice) Act 2019.