The Road Traffic Regulation (Northern Ireland) Order 1997

Power of [F1 parking authority] to provide parking places N.I.

10.—(1) Where it appears to the [F1 parking authority] to be necessary to do so, the [F1 parking authority] may provide suitable parking places for vehicles in accordance with the provisions of this Article and Article 11.

(2) The [F1 parking authority] may utilise any land which may be appropriated for the provision of parking places.

[F2 (2A) A district council may acquire by agreement or compulsorily anyland required for the purposes of providing parking places under this Article.]

(3) The [F1 parking authority] may take all such steps as may be necessary to adapt for use as a parking place any land, not being part of a road, which the [F1 parking authority] may utilise under paragraph (2) or acquire [F3 under paragraph (2A) (in the case of a district council) or (in the case of the Department)] under Article 110(2)(b)(iii) of the [1993 NI 15.] Roads (Northern Ireland) Order 1993.

(4) The Department may, subject to paragraphs (5) and (6), by order authorise the use as a parking place of any part of a road.

(5) An order under paragraph (4) shall not authorise the use of any part of a road—

(a) so as unreasonably to prevent—

(i) access to any premises adjoining the road; or

(ii) the use of the road by any person entitled to its use; or

(b) so as to be a nuisance.

(6) An order under paragraph (4) shall not be made in respect of any part of a road not maintainable by the Department without the consent of the person responsible for the maintenance of the road.

[F4 (6A) An order under paragraph (4) may—

(a) specify any road by reference to a map prepared under Article 36 of the Traffic Management (Northern Ireland) Order 2005 which is not part of the order; and

(b) provide that the order shall have effect as if the map were part of the order.]

(7) Schedule 4 (which makes further provision relating to orders under this Article and Articles 13 and 15) shall have effect.

(8) For the purposes of this Part an underground parking place shall not be deemed to be part of a road by reason only of its being situated under a road.

(9) The powers of the [F1 parking authority ] to provide parking places under this Part include power to provide, on roads [F5 (in the case of the Department)] or elsewhere, cycle stands or racks.

F1 Words in art. 10(1)-(3) (9) substituted (1.4.2015) by Off-street Parking (Functions of District Councils) Act (Northern Ireland) 2015 (c. 3), art. 1(8), Sch. para. 2(1)

F2 Art. 10(2A) inserted (1.4.2015) by Off-street Parking (Functions of District Councils) Act (Northern Ireland) 2015 (c. 3), art. 1(8), Sch. para. 3(2)

F3 Words in art. 10(3) inserted (1.4.2015) by Off-street Parking (Functions of District Councils) Act (Northern Ireland) 2015 (c. 3), art. 1(8), Sch. para. 3(3)

F4 2005 NI 14

F5 Words in art. 10(9) inserted (1.4.2015) by Off-street Parking (Functions of District Councils) Act (Northern Ireland) 2015 (c. 3), art. 1(8), Sch. para. 3(4)

Modifications etc. (not altering text)

C1 Arts. 10-14: transfer of functions (1.4.2015) by Off-street Parking (Functions of District Councils) Act (Northern Ireland) 2015 (c. 3), art. 1(1)(8) (with art. 1(2))