The Holyrood Park Amendment Regulations 2005

Citation and commencement

1.  These Regulations may be cited as the Holyrood Park Amendment Regulations 2005 and shall come into force on 14th January 2005.

Amendment of the Holyrood Park Regulations 1971

2.  The Holyrood Park Regulations 1971(1) are amended in accordance with the following regulations.

3.  In regulation 2(1) (interpretation)–

(a) after the definition of “heavy commercial vehicle” insert–

““holiday” means Christmas Day, Boxing Day, New Years Day, Good Friday and Easter Monday;

“motor cycle” means a mechanically propelled vehicle with fewer than four wheels of which the weight unladen does not exceed 410 kilogrammes;”;

(b) after the definition of “Park-keeper” insert–

““parking permit” means a permit issued by the Scottish Ministers for the parking of the vehicle in question;

“parking ticket” means a ticket, obtained for the parking of the vehicle in question in the Park which shows the charge paid and the period in respect of which the charge has been paid;”; and

(c) after the definition of “notice or sign” insert–

““valid parking ticket” means a parking ticket, showing as the period in respect of which the charge has been paid a period comprising the entire period during which the vehicle remains parked.”.

4.  After regulation 4(20) (acts for which written permission is required) insert–

“(21) leaving a vehicle in the Broad Pavement car park to the south of the Palace of Holyroodhouse at any time between 0830 hours and 1730 hours on any day except a Saturday, Sunday or holiday unless a valid parking ticket is displayed in the vehicle in such a way that it is clearly visible to a person outside the vehicle,

• except that a parking ticket shall not be required in respect of–

  (i)

  a vehicle in which a badge issued under section 21 of the Chronically Sick and Disabled Persons Act 1970(2) is displayed in accordance with regulations made under that section;

  (ii)

  a motor cycle;

  (iii)

  any vehicle in which a parking permit is displayed in such a way that it is clearly visible to a person outside the vehicle and which is allowed to remain parked in accordance with the terms of that parking permit.

(22) leaving a vehicle in Broad Pavement car park during the periods referred to in paragraph (21) for a period longer than four continuous hours.”.

5.  After regulation 4 insert–

“Parking Charges and Excess Charge and Penalty

4A.   The charge for a parking ticket shall be £1 for each hour or part thereof.

4B.— (1) An excess charge of £30 shall be payable, in accordance with paragraphs (2), in respect of any vehicle which remains parked in contravention of paragraphs (21) or (22) of regulation 4.

(2) The excess charge shall be paid to the Scottish Ministers, or to a person authorised by them to receive such charge on their behalf, by the person who parked the vehicle in the Park within 14 days of a written demand for the same.

(3) Payment of the excess charge in accordance with paragraph (2) shall preclude proceedings being commenced for contravention of paragraphs (21) or (22) of regulation 4.”

PATRICIA FERGUSON

A member of the Scottish Executive

St Andrew’s House, Edinburgh

12th January 2005