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Local Government (Miscellaneous Provisions) Act 1976

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This is the original version (as it was originally enacted).

37Control of parking on areas used for loading or unloading goods vehicles

(1)If it appears to a county council or the Greater London Council that any land in its area which is not part of a highway has been set apart by the occupier of the land for use as a place where vehicles may be driven and parked for the purpose of being loaded or unloaded in connection with a trade or business carried on on or in the vicinity of the land, the council may, by an order made with the consent of the owner and the occupier of the land—

(a)designate the land as an area to which the following provisions of this section apply (hereafter in this section referred to as a " loading area "); and

(b)specify the trade or business in question.

(2)A council which has made an order in pursuance of the preceding subsection—

(a)may vary the order by a subsequent order made with the consent of the owner and the occupier of the land to which the subsequent order relates ; and

(b)may revoke the order by a subsequent order made with the consent of the owner and the occupier of the loading area in question; and

(c)shall revoke the order by a subsequent order if requested in writing to do so by the owner and occupier of the loading area in question.

(3)An order in pursuance of subsection (1) or (2)(a) of this section may contain provisions prohibiting the parking in the loading area to which the order relates of vehicles of such kinds as are specified in the order, except authorised vehicles, at all times or at times so specified and may make different provision in pursuance of the preceding provisions of this subsection for different parts of the area; and in this subsection " authorised vehicle ", in relation to a loading area, means a goods vehicle as defined by section 196(1) of the Road Traffic Act 1972 which is in the area for the purpose of being loaded or unloaded in connection with the trade or business specified in the order designating the area.

(4)Section 84C(1) to (4) and (6) of the Road Traffic Regulation Act 1967 (which relate to the procedure for making orders under the provisions of that Act which are specified in subsection (1) of that section) shall have effect as if subsections (1) and (2) of this section were included among those provisions; and a person authorised in that behalf by a council by which an order has been made in pursuance of subsection (1) of this section may enter on the loading area to which the order relates for the purpose of placing any traffic signs which are required to be placed there by virtue of subsection (3)(e) of that section and for the purpose of maintaining or removing the signs.

(5)A person who, without reasonable excuse, causes a vehicle to be in any part of a loading area at a time when the parking of it there is prohibited by an order made in pursuance of subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50.

(6)Section 85(2) and (3) and section 90 of the said Act of 1967 (which provide for the giving of information to identify drivers of vehicles who are alleged to have committed offences to which the said section 85 applies and for the admission of certain written evidence in proceedings for such offences) shall have effect as if an offence under the preceding subsection were an offence to which the said section 85 applies and, in relation to an offence under the preceding subsection, as if in the said section 85(2) the words from " and in relation " onwards were omitted and for sub-paragraphs (i) and (ii) of paragraph (a) there were substituted the words

by a notice in writing given to him by a local authority (as defined by section 44(1) of the Local Government (Miscellaneous Provisions) Act 1976) in whose area the loading area in question is situated.

(7)The Secretary of State may, by regulations made by statutory instrument, provide that sections 20, 52 and 53 of the said Act of 1967 (which among other things provide for the removal, storage and disposal of vehicles left on roads in contravention of a statutory prohibition) shall have effect, in relation to any vehicle which is or was in any part of a loading area while the parking of it in that part is or was prohibited by virtue of this section, with such additions, omissions and amendments as are prescribed by the regulations; and any statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8)References in the preceding provisions of this section to an order in pursuance of subsection (1) of this section include, in the case of such an order which has been varied in pursuance of subsection (2)(a) of this section, references to the order as so varied.

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