The Deregulation (Parking Equipment) Order 1996

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Deregulation (Parking Equipment) Order 1996.

(2) This Order shall come into force at the end of the period of 3 months beginning with the day on which it is made.

(3) In this Order, “the 1984 Act” means the Road Traffic Regulation Act 1984.

Removal of requirement for parking equipment to be approved by the Secretary of State

2.—(1) Subject to article 3 below—

(a) the provisions of the 1984 Act mentioned in the first column of the Schedule to this Order are hereby repealed to the extent specified in the second column of that Part, and

(b) paragraphs 3(b), 4(c)(ii), 5 and 7 of the Schedule to the Parking Act 1989(1) (which are spent in consequence of the repeals mentioned in sub-paragraph (a) above) are hereby repealed.

(2) In Schedule 10 to the 1984 Act, in paragraph 13, for the words “subsections (1) to (4)” there shall be substituted the words “subsections (1) to (3)”.

Supplementary provisions

3.—(1) Nothing in article 2 above shall affect the validity of any order having effect by virtue of the 1984 Act and made before this order comes into force, but—

(a) any provision in such an order having effect by virtue of section 4(3), 7(3) or 35(1)(iii) or (3) of the 1984 Act shall apply to any apparatus or device which has not been approved by the Secretary of State to the extent (if any) that the provision would, apart from this paragraph, have applied to it had it been approved by him, and

(b) any provision in such an order having effect by virtue of section 35(3A), 46(2)(a), (b) or (c) or 51 of the 1984 Act shall apply to any apparatus or device which is of a type and design that has not been approved by the Secretary of State to the extent (if any) that the provision would, apart from this paragraph, have applied to it had apparatus or devices of that type and design been approved by him.

(2) Without prejudice to section 16 of the Interpretation Act 1978(2), the repeals made by this Order of sections 35A(4), 47(5), 52(2) and 115(2A) of the 1984 Act (presumptions relating to the approval of the Secretary of State) and to section 130(2)(a) of that Act (application to the Crown) shall not have effect in relation to proceedings for an offence committed before this Order comes into force.

Signed by the authority of the Secretary of State for Transport

John Watts

Minister of State,

Department of Transport

13th June 1996