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Statutory Instruments of the Scottish Parliament


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SCOTTISH STATUTORY INSTRUMENTS


2003 No. 70

ROAD TRAFFIC

The Road Traffic (Permitted Parking Area and Special Parking Area) (Aberdeen City Council) Designation Order 2003

  Made 6th February 2003 
  Laid before the Scottish Parliament 7th February 2003 
  Coming into force 3rd March 2003 

The Scottish Ministers, having received an application from Aberdeen City Council under paragraphs 1(1)(d) and 2(1)(c) of Schedule 3 to the Road Traffic Act 1991[1] and having consulted the Chief Constable of Grampian Police in accordance with paragraphs 1(3) and 2(3) of that Schedule, in exercise of the powers conferred upon them by paragraphs 1(1), 2(1) and 3(3) of Schedule 3 to the Road Traffic Act 1991 and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement
     1. This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Aberdeen City Council) Designation Order 2003 and shall come into force on 3rd March 2003.

Interpretation
    
2. In this Order-

Designation of permitted parking area and special parking area
     3. That part of the Aberdeen City Council local government area[3] specified in Schedule 1 to this Order is hereby designated as-

Modifications and application of Part II of the 1991 Act
     4. Sections 66, 69 to 74, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 2 to this Order.

Modification of the 1984 Act and Schedule 3 to the 1991 Act
    
5.  - (1) The 1984 Act shall be modified in relation to the parking area as specified in Part I of Schedule 3 to this Order.

    (2) Schedule 3 to the 1991 Act shall be modified in relation to the parking area as specified in Part II of Schedule 3 to this Order.

Consequential modification
    
6. In relation to a parking adjudicator appointed under section 73(3) of the 1991 Act by virtue of this Order, the reference in paragraph 40(b) of Schedule 1 to the Tribunals and Inquiries Act 1992[4] to a parking adjudicator appointed under section 73(3)(a) of the 1991 Act shall be construed as if it were a reference to a parking adjudicator appointed under section 73(3) of that Act by virtue of this Order.


LEWIS MACDONALD
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
6th February 2003



SCHEDULE 1
Article 3


SPECIFICATION OF AREA


Aberdeen City local government area, with the exception of those roads within the said area for which Aberdeen City Council is not the traffic authority within the meaning of section 121A(4) of the 1984 Act.



SCHEDULE 2
Article 4


MODIFICATIONS OF PROVISIONS OF PART II OF THE ROAD TRAFFIC ACT 1991


     1.  - (1) Section 66 shall be modified as follows.

    (2) In subsection (1), the words "in a designated parking place" shall be omitted.

    (3) In subsection (2)-

shall be omitted.

    (4) In subsection (3)-

    (5) Subsection (4) shall be omitted.

    (6) In subsection (5), for paragraph (b) there shall be substituted-

     2.  - (1) Section 69 shall be modified as follows.

    (2) In subsection (1)-

    (3) In subsection (8), for the words from "London" to the end there shall be substituted "parking authority".

     3.  - (1) Section 71 shall be modified as follows.

    (2) In subsection (1) for the words "a London" there shall be substituted "the parking".

    (3) For subsection (4) there shall be substituted-

    (4) In subsection (8)(b) for the word "costs" there shall be substituted "expenses".

     4.  - (1) Section 73 shall be modified as follows.

    (2) Subsections (1) and (2) shall be omitted.

    (3) For subsection (3) there shall be substituted-

    (4) After subsection (3) there shall be inserted the following subsections:-

    (5) In subsection (4) for the words from "have" to the end there shall be substituted "be an advocate or solicitor of at least five years' standing".

    (6) In subsection (5), for the words "London authorities" there shall be substituted "traffic commissioner".

    (7) For subsections (8) to (10) there shall be substituted-

    (8) In subsection (11), for "The Secretary of State" there shall be substituted "The Scottish Ministers".

    (9) In subsection (12)-

    (10) In subsection (15), for the words from "if a" to the end there shall be substituted "be recoverable by the person to whom the amount is payable as if it were payable under an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court for any sheriffdom in Scotland".

    (11) In subsection (17) for the words "Joint Committee", in each place where they occur, there shall be substituted "parking authority".

    (12) In subsection (18)-

     5. For section 74 there shall be substituted the following section:-

     6.  - (1) Section 82 shall be modified as follows.

    (2) For subsection (1) there shall be substituted-

    (3) In subsection (5), for the words "London authority concerned" there shall be substituted "parking authority".

    (4) In subsection (7), for the words "either House of Parliament" there shall be substituted "the Scottish Parliament".

     7.  - (1) Schedule 6 shall be modified as follows.

    (2) In paragraph 1(1), for the words "London authority concerned" there shall be substituted "parking authority".

    (3) In paragraph 2-

    (4) In paragraph 3(1) and (2), for the words "London authority concerned" in each place where they occur there shall be substituted "parking authority".

    (5) In paragraph 4-

    (6) In paragraph 5-

    (7) In paragraph 6-

    (8) In paragraph 7, for the words from "authority concerned" to the end there shall be substituted "parking authority may recover the increased charge as if the charge certificate were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court in any sheriffdom in Scotland".

    (9) Paragraph 8 shall be omitted.



SCHEDULE 3
Article 5



PART I

MODIFICATIONS OF THE ROAD TRAFFIC REGULATION ACT 1984

     1.  - (1) Section 46 shall be modified as follows.

    (2) In subsection (1A), for the words "Greater London" there shall be substituted "the parking area"[
11].

     2.  - (1) Section 55 shall be modified as follows.

    (2) For subsection (1), there shall be substituted-

    (3) Subsections (3A) and (3B) shall be omitted[12].

     3. In section 63A subsection (4)-

     4.  - (1) Section 101 shall be modified as follows.

    (2) Subsection (4) shall be omitted.

    (3) In subsection (4A), for the words "Greater London" there shall be substituted "the parking area"[14].

    (4) Subsection (5) shall be omitted.

    (5) In subsection (5A), for the words "Greater London" there shall be substituted "the parking area"[15].

     5.  - (1) Section 102 shall be modified as follows.

    (2) For subsection (1) there shall be substituted-

    (3) Subsections (2) and (3) shall be omitted.

    (4) For subsection (4) there shall be substituted-

    (5) In subsection (5), for the words "an authority" there shall be substituted "the local authority".

    (6) Subsections (6) and (7) shall be omitted.

    (7) In subsection (8), in paragraph (b) of the definition of "appropriate authority" for the words "outside Greater London" there shall be substituted "within the parking area".

     6. In section 134, for the references to "the Secretary of State" there shall be substituted references to "the Scottish Ministers"; and for the references to "each House of Parliament" there shall be substituted references to "the Scottish Parliament".

     7. In section 142(1)-



PART II

MODIFICATIONS OF SCHEDULE 3 TO THE ROAD TRAFFIC ACT 1991

In paragraph 1(4) of Schedule 3 to the Road Traffic Act 1991, paragraph (ab) shall be omitted[
16].



EXPLANATORY NOTE

(This note is not part of the Order)


This Order extends to Aberdeen City Council new arrangements for enforcing parking controls already available in London and certain other areas in England and in Edinburgh, Glasgow and Perth and Kinross. It does so by designating Aberdeen City local government area (with certain specified exceptions) as a permitted parking area and as a special parking area in accordance with Schedule 3 to the Road Traffic Act 1991 ("the 1991 Act"). The Order applies to the designated area various provisions of the 1991 Act and modifies them where necessary. It also makes consequential modifications to certain provisions of the Road Traffic Regulation Act 1984 ("the 1984 Act") dealing with parking and related matters.

While the Order is in force certain specified offences will be decriminalised: for example, in the case of the permitted parking area, breaches of orders relating to free on street parking places and in the case of orders prohibiting or restricting waiting, loading and unloading.

Enforcement will be carried out by parking attendants provided under section 63A of the 1984 Act. A system of parking adjudicators will deal with disputes.


Notes:

[1] 1991 c.40; paragraphs 1(1) and 2(1) of Schedule 3 were amended by the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 171. The functions of the Secretary of State under that Schedule were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46).back

[2] 1984 c.27.back

[3] City of Aberdeen Council local government area was established by section 1(2) and (4) of, and Schedule 1 to, the Local Government etc. (Scotland) Act 1994 (c.39). By resolution under section 23 of the 1994 Act the name was changed to Aberdeen City Council at a special meeting convened on 9th May 1995.back

[4] 1992 c.53.back

[5] 1988 c.53.back

[6] 1984 c.27.back

[7] S.S.I. 2003/70.back

[8] Section 63A was inserted by the 1991 Act, section 44(1).back

[9] Section 121A was inserted by the New Roads and Street Works Act 1991 (c.22).back

[10] 1981 c.14.back

[11] Section 46(1A) was inserted by the Road Traffic Act 1991 ("the 1991 Act"), section 64(2).back

[12] Sections 55 (3A) and (3B) were inserted by the 1991 Act, Schedule 7, paragraph 5.back

[13] Section 63A was inserted by the 1991 Act, section 44(1).back

[14] Section 101(4A) was inserted by the 1991 Act, section 67(4).back

[15] Section 101(5A) was inserted by the 1991 Act, section 67(6).back

[16] This paragraph was inserted by the Road Traffic Act 1991 (Amendment of Schedule 3) (England and Wales) Order 1996 (S.I. 1996/500) and extended to Scotland by the Road Traffic Act 1991 (Amendment of Schedule 3) (Scotland) Order 1998 (S.I. 1998/2018).back



ISBN 0 11062030 5


 
© Crown copyright 2003
Prepared 18 February 2003


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