The Road Traffic (Permitted Parking Area and Special Parking Area) (City of Edinburgh) Designation Amendment Order 2011

Scottish Statutory Instruments

2011 No. 323

Road Traffic

The Road Traffic (Permitted Parking Area and Special Parking Area) (City of Edinburgh) Designation Amendment Order 2011

Made

7th September 2011

Laid before the Scottish Parliament

9th September 2011

Coming into force

7th November 2011

The Scottish Ministers make the following Order in exercise of the powers conferred by paragraphs 1(1), 2(1) and 3(3) of Schedule 3 to the Road Traffic Act 1991(1) and all other powers enabling them to do so.

In accordance with paragraphs 1(1)(d) and 2(1)(c) of that Schedule they have received an application for this Order from the City of Edinburgh Council.

In accordance with paragraphs 1(3) and 2(3) of that Schedule they have consulted the Chief Constable of Lothian and Borders Police.

Citation and commencement

1.  This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Edinburgh) Designation Amendment Order 2011 and comes into force on 7th November 2011.

Amendment of Designation Order

2.  In the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Edinburgh) Designation Order 1998(2), omit—

(a) article 5(2); and

(b) Part II of Schedule 3 (modification of Schedule 3 to the Road Traffic Act 1991).

KEITH BROWN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

7th September 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Designation Order which makes arrangements for enforcing parking controls in the City of Edinburgh Council area. It has the effect in the parking area established by the Designation Order, of disapplying the offence provided at section 35A(1) of the Road Traffic Regulation Act 1984 so far as it relates to the contravention of, or non-compliance with, any other provision of any order made under section 35 of that Act (use of parking places) applying in relation to a stationary vehicle.

(1)

1991 c.40; paragraphs 1(1) and 2(1) of Schedule 3 were relevantly amended by paragraph 171 of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c.39). The functions of the Secretary of State under that Schedule, so far as they are exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(2)

S.I. 1998/1539, as amended by S.S.I. 2002/188 and 2007/446.