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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/2003/20032336.html

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2003 No. 2336

ROAD TRAFFIC

The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (Borough of Test Valley) Order 2003

  Made 8th September 2003 
  Laid before Parliament 17th September 2003 
  Coming into force 20th October 2003 

Whereas Hampshire County Council has applied to the Secretary of State for an order to be made under paragraphs 1(1) and 2(1) of Schedule 3 to the Road Traffic Act 1991[1] with respect to part of their area and the Secretary of State has consulted the Chief Constable of the Hampshire Constabulary in accordance with the requirements of paragraphs 1(3) and 2(3) of that Schedule and the Council on Tribunals in accordance with the requirements of section 8 of the Tribunals and Inquiries Act 1992[2];

     NOW, the Secretary of State for Transport, in exercise of the powers conferred by paragraphs 1(1), 2(1) and 3(3) of Schedule 3 to the Road Traffic Act 1991 and of all other powers enabling him in that behalf, hereby makes the following Order: - 

Citation and commencement
     1. This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (Borough of Test Valley) Order 2003 and shall come into force on 20th October 2003.

Interpretation
    
2. In this Order - 

Application
     3. This Order applies to the whole of the borough of Test Valley except - 

Designation of permitted parking area and special parking area
    
4. The Secretary of State hereby designates the area to which this Order applies as - 

Modification and application of Part II of the 1991 Act
    
5. Sections 66, 69 to 74, 78, 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 1 to this Order.

Modification of other provisions
    
6. The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.



Signed by authority of the Secretary of State


Tony McNulty
Parliamentary Under Secretary of State, Department of Transport

8th September 2003



SCHEDULE 1
Article 5


MODIFICATIONS OF PROVISIONS OF PART II OF THE ROAD TRAFFIC ACT 1991 APPLIED IN RELATION TO THE PARKING AREA


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

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

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

    (3) For subsection (8) there shall be substituted - 

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

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

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

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

    (2) For subsections (1) to (3) there shall be substituted - 

    (3) In subsection (5) for the words "the appointing authorities" there shall be substituted "the parking authority".

    (4) Subsections (8) to (10) shall be omitted.

    (5) After subsection (12) there shall be inserted the following subsection - 

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

     6.  - (1) Section 78 shall be modified as follows.

    (2) After subsection (7) there shall be inserted the following subsection - 

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

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

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

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

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

    (3) In paragraph 2 - 

    (4) In paragraph 3 for the words "the London authority concerned" in both places whre they occur there shall be substituted "the parking authority".

    (5) In paragraph 4 for the words "the London authority concerned" and for the words "the authority" there shall be substituted "the parking authority".

    (6) In paragraph 5 - 

    (7) In paragraph 6 - 

    (8) In paragraph 7, for the words "the authority concerned" there shall be substituted "the parking authority".

    (9) In paragraph 8 - 



SCHEDULE 2
Article 6


MODIFICATION OF THE ROAD TRAFFIC REGULATION ACT 1984


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

    (2) Subsection (1) shall be omitted.

    (3) In subsection (1A) for "Greater London" there shall be substituted "the parking area".

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

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

    (3) Subsections (3A) and (3B) shall be omitted.

     3. In section 63A (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".

    (4) Subsection (5) shall be omitted.

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

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

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

    (3) Subsection (2) shall be omitted.

    (4) In subsection (4) for the words "by virtue of paragraph (a) or (b) of subsection (2) above" there shall be substituted the words "by virtue of subsection (1) above".

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

     6. In section 142(1) after the definition of "owner" there shall be inserted - 



EXPLANATORY NOTE

(This note is not part of the Regulations)


This Order applies to whole of the borough of Test Valley, except the M3, M27, M271, A303 and the A34 and their on and off slip roads, within the borough.

The Order designates the borough of Test Valley, other than the expected roads, as both a permitted parking area and a special parking area in accordance with Schedule 3 to the Road Traffic Act 1991. It also applies with modifications various provisions of Part II of that Act to the designated area and modifies the Road Traffic Regulation Act 1984 in relation to the designated area.


Notes:

[1] 1991 c. 40. Schedule 3 was amended by the Road Traffic Act 1991 (Amendment of Schedule 3) (England and Wales) Order 1996 (S.I. 1996/500) and by the Road Traffic Act 1991 (Special Parking Areas) (England) Order 2003 (S.I. 2003/859) as regards England.back

[2] 1992 c. 53.back

[3] 1984 c. 27. Section 32(4)(a) was amended, and section 45(1) was substituted, by the New Roads and Street Works Act 1991 (c. 22), Schedule 8, paragraph 44. Sections 46(1A), 63A and 101(4A) and (5A) were inserted by the Road Traffic Act 1991, sections 64(2), 44(1) and 67(4) and (6). Section 102(8) was amended by the Road Traffic Act 1991, section 68(3).back

[4] 1972 c. 70.back

[5] S.I. 1999/1918.back

[6] 1988 c.53back



ISBN 0 11 047513 5


  Prepared 17 September 2003


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