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PART IVN.I.PARKING PLACES

Power of [F1parking authority] to provide parking placesN.I.

10.—(1) Where it appears to the [F1parking authority] to be necessary to do so, the [F1parking authority] may provide suitable parking places for vehicles in accordance with the provisions of this Article and Article 11.

(2) The [F1parking 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 [F1parking 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 [F1parking authority] may utilise under paragraph (2) or acquire [F3under 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 [F1parking 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.