SCHEDULE 2MODIFICATIONS OF PROVISIONS OF PART II OF THE ROAD TRAFFIC ACT 1991

6

1

Section 82 shall be modified as follows.

2

For subsection (1) there shall be substituted–

1

In this section and sections 66, 69 to 74 and 79 of, and Schedule 6 to, this Act–

  • “hiring agreement” and “vehicle hire firm” have the same meanings as in section 66 of the Road Traffic Offenders Act 19885;

  • “immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 19846;

  • “parking area” means the area designated as a permitted parking area and a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (South Lanarkshire Council) Designation Order 20057;

  • “parking attendant” has the same meaning as in section 63A8 of the Road Traffic Regulation Act 1984;

  • “parking authority” means–

    1. a

      in relation to a parking place which was provided or authorised under section 32(1) of the Road Traffic Regulation Act 1984, the local authority as defined by section 32(4)(a) of that Act in relation to the parking place;

    2. b

      in any other case, the traffic authority (other than the Scottish Ministers) as defined by section 121A9 of that Act;

  • “penalty charge” means a penalty charge which is payable by virtue of paragraph 3(1) and (2) of Schedule 3 to this Act;

  • “prescribed” means prescribed by regulations made by the Scottish Ministers; and

  • “traffic commissioner” means the traffic commissioner appointed for the Scottish Traffic Area under section 4 of the Public Passenger Vehicles Act 198110.

3

In subsection (5), for “London authority concerned” there shall be substituted “parking authority”.

4

In subsection (6), for “a Minister of the Crown” there shall be substituted “the Scottish Ministers”.

5

In subsection (7), for “either House of Parliament” there shall be substituted “the Scottish Parliament”.