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Road Traffic Regulation Act 1967

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44Financial provisions relating to exercise of powers under s. 35.

(1)A local authority shall keep an account of their income and expenditure in respect of parking places designated by designation orders for which they are the local authority.

(2)At the end of each financial year any deficit in the account shall be made good out of the general rate fund and any surplus shall be applied for all or any of the purposes specified in subsection (3) below, and in so far as not so applied shall be appropriated to the carrying out of some specific project falling within those purposes and carried forward until applied to the carrying out thereof:

Provided that if the local authority so determine any amount not applied in any financial year may instead of being or remaining appropriated as aforesaid be carried forward in the account kept under subsection (1) above to the next financial year, but shall not be carried forward from one quadrennial period to another without the consent of the appropriate Minister.

(3)The said purposes are the following, that is to say:—

(a)the making good to the general rate fund of any amounts charged to that fund under subsection (2) above in the four years immediately preceding the financial year in question;

(b)meeting all or any part of the cost of the provision and maintenance by the local authority of parking accommodation for vehicles otherwise than on highways and whether in the open or under cover;

(c)the making to other local authorities, to any county council, to the Greater London Council or, with the consent of the appropriate Minister, to other persons, of contributions towards the cost of the provision and maintenance by them in the area of the local authority or elsewhere of parking accommodation for vehicles otherwise than on highways and whether in the open or under cover;

(d)if it appears to the local authority that the provision in their area of further parking accommodation for vehicles otherwise than on highways is for the time being unnecessary or undesirable, the following purposes, namely—

(i)meeting costs incurred, whether by the local authority or by some other person, in the provision or operation of, or of facilities for, public passenger transport services;

(ii)purposes of a project connected with the carrying out by the appropriate highway authority (whether or not the local authority) of any operation which within the meaning of the [1959 c. 25.] Highways Act 1959 constitutes the improvement of a highway in the local authority's area or, in the case of an authority in Scotland, of any work or operation on any highway in the local authority's area which is authorised by any of the enactments specified in subsection (3A) below.

(3A)The enactments referred to in subsection (3)(d)(ii) above are—

(a)sections LXXXIV, LXXXV, XCIV and C of Schedule C to the [1878 c. 51.] Roads and Bridges (Scotland) Act 1878;

(b)section 130 of the [1892 c. 55.] Burgh Police (Scotland) Act 1892;

(c)section 8(5) of the [1909 c. 47.] Development and Road Improvement Funds Act 1909 ;

(d)section 58 of the [1930 c. 43.] Road Traffic Act 1930 ;

(e)section 4 of the [1935 c. 47.] Restriction of Ribbon Development Act 1935;

(f)section 3(2) of the [1946 c. 30.] Trunk Roads Act 1946 ;

(g)the [1950 c. 24.] Highways (Provision of Cattle Grids) Act 1950 ;

(h)section 45 of the [1956 c. 67.] Road Traffic Act 1956.

(4)In this section " quadrennial period " means, in relation to a local authority, a period beginning with the date when the local authority first kept the account required by subsection (1) above and ending with the fourth complete financial year after that date, or a period of four years beginning immediately after the expiration of a quadrennial period.

(5)In relation to parking places designated, by virtue of section 35(5) of this Act, by an order of the Greater London Council, references in this section to the local authority shall be construed as references to that Council.

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