The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Denbighshire) Order 2004

Article 6

SCHEDULE 2 MODIFICATIONS OF THE ROAD TRAFFIC REGULATION ACT 1984

1.—(1) Section 46 is modified as follows.

(2) Subsection (1) is omitted.

(3) In subsection (1A) for “Greater London” there is substituted “the parking area”.

2.—(1) Section 55 is amended as follows.

(2) For subsection (1) there is substituted—

“(1) A local authority must keep an account of—

(a) their income and expenditure in respect of designated parking places for which they are the local authority and which are in the permitted parking area; and

(b) their income from additional parking charges (within the meaning of section 74(6) of the Road Traffic Act 1991) received by them in respect of vehicles found within the special parking area and the expenditure incurred by them in relation to that area by virtue of any provision of Part II of the Road Traffic Act 1991 as it applies in relation to that area.

(1A) As soon as reasonably possible after the end of each financial year the local authority must forward to the National Assembly for Wales a copy of the account for that year.”.

(3) Subsections (3A) and (3B) are omitted.

3.  In section 63A(4)—

(a) for the words “in Greater London” there is substituted “in the parking area”; and

(b) for the words “Greater London Authority” there is substituted “National Assembly for Wales”.

4.—(1) Section 101 is modified as follows.

(2) Subsection (4) is omitted.

(3) In subsection (4A) for the words “Greater London” there is substituted “the parking area”.

(4) Subsection (5) is omitted.

(5) In subsection (5A) for the words “Greater London” there is substituted “the parking area”.

5.—(1) Section 102 is modified as follows.

(2) For subsection (1) there is substituted—

“(1) If a vehicle is removed from the parking area in circumstances in which an offence would have been committed but for the provisions of paragraph 1(4) or 2(4) of Schedule 3 to the Road Traffic Act 1991, the local authority shall be entitled to recover from any person responsible, such charges in respect of the removal, storage and disposal of the vehicle, as they may require.”.

(3) Subsection (2) is omitted.

(4) For subsection (4) there is substituted—

“(4) Without prejudice to subsection (3) above, where by virtue of subsection (1) above any sum is recoverable in respect of a vehicle by a local authority in whose custody the vehicle is, the local authority shall be entitled to retain custody of it until that sum has been paid.”.

(5) Subsection (7) is omitted.

(6) In subsection (8) the definition of “appropriate authority” is omitted.

6.  In section 142(1) before the definition of “parking device” there is inserted—

““parking area” means the area designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Denbighshire) Order 2004 and “permitted parking area” and “special parking area” are to be read accordingly;”.