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Road Traffic Regulation Act 1984

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Parking on highways for paymentE+W+S

45 Designation of paying parking places on highways.E+W+S

[F1(1)A local authority may by order designate parking places on highways or, in Scotland, roads in their area for vehicles or vehicles of any class specified in the order; and the authority may make charges (of such amount as may be prescribed under section 46 below) for vehicles left in a parking place so designated.

The exercise of this power by a local authority F2. . . in relation to a highway or road for which they are not the traffic authority is subject to obtaining the consent of the traffic authority.]

[F3(1A)Transport for London may not by virtue of subsection (1) above designate parking places on any highway which is not a GLA road.]

(2)An order under this section may designate a parking place for use (either at all times or at times specified in the order) only by such persons or vehicles, or such persons or vehicles of a class specified in the order, as may be authorised for the purpose by a permit from the authority operating the parking place [F4or both by such persons or vehicles or classes of persons or vehicles and also, with or without charge and subject to such conditions as to duration of parking or times at which parking is authorised, by such other persons or vehicles, or persons or vehicles of such other class, as may be specified]; and

(a)in the case of any particular parking place and any particular vehicle, or any vehicle of a particular class, the authority operating the parking place F5. . . may issue a permit for that vehicle to be left in the parking place while the permit remains in force, either at all times or at such times as may be specified in the permit, and

(b)except in the case of a public service vehicle, may make such charge in connection with the issue or use of the permit, of such amount and payable in such manner, as the authority by whom the designation order was made may by order prescribe.

(3)In determining what parking places are to be designated under this section the authority concerned shall consider both the interests of traffic and those of the owners and occupiers of adjoining property, and in particular the matters to which that authority shall have regard include—

(a)the need for maintaining the free movement of traffic;

(b)the need for maintaining reasonable access to premises; and

(c)the extent to which [F6off-street parking accommodation, whether in the open or under cover,]is available in the neighbourhood or the provision of such parking accommodation is likely to be encouraged there by the designation of parking places under this section.

(4)The exercise by an authority of functions under this section shall not render the authority subject to any liability in respect of the loss of or damage to any vehicle in a parking place or the contents or fittings of any such vehicle.

(5)Nothing in this section shall affect the operation of section 6 or 32 of this Act.

(6)Subject to Parts I to III of Schedule 9 to this Act, where it appears to the authority concerned to be expedient to do so having regard to any objections duly made in respect of proposals made by that authority for a designation order F7. . . they may, if they think fit, make an interim order pursuant to the proposals or application in respect of any one or more of the sites affected, or in respect of any part of any of those sites, and postpone for further consideration the making of any further order in pursuance of the proposals or application.

(7)In this section and in sections 46 to 55 of this Act, “local authority”—

(a)in England, means the council of a county [F8, metropolitan district] or London borough or the Common Council of the City of London [F9or Transport for London];

(b)in Wales, means the council of a county [F10 or a county borough]; and

(c)in Scotland, means the [F11 a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994],

and “the local authority”, in relation to a parking place or proposed parking place on any site, F12. . . means the local authority (as defined above) in whose area the site is F13. . .. [F14unless the site is in Greater London, in which case—

(i)if the site is on a GLA road and the parking place is, or is proposed to be, designated by Transport for London, “the local authority” means Transport for London;

(ii)if the site is on a GLA road and the parking place is, or is proposed to be, designated by the London local authority in whose area the site is, “the local authority” means that London local authority; and

(iii)if the site is on a highway which is not a GLA road, “the local authority” means the London local authority in whose area the site is.]

[F15(8)In this section “London local authority” means the council of a London borough or the Common Council of the City of London.]

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Amendments (Textual)

F1S. 45(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para.44(2); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2, and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

F6Words in s. 45(3)(c) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 44(3); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2, and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

F11Words in s. 45(7)(c) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(7); S.I. 1996/323, art. 4

F12Words in s. 45 repealed (1.4.1996) by virtue of S.I. 1994 c. 19, ss. 22(1), 66(8), Sch. 7 Pt. II para. 38(3)(b), Sch. 18 (with ss. 54(5)(7)), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F14S. 45(7): words and paras. (i)-(iii) in definition of local authority “the local authority" added (3.7.2000) by 1999 c. 29, s. 281(1)(5) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.

Modifications etc. (not altering text)

C2S. 45 restricted (S.) (4.1.1995) by 1994 c. 39, ss. 7(2), 44(2); S.I. 1994/2850, art. 2, Sch.

46 Charges at, and regulation of, designated parking places.E+W+S

(1)Subject to Parts I to III of Schedule 9 to this Act the authority by whom a designation order is made [F16with respect to any parking place outside Greater London ][F17, and not in a civil enforcement area for parking contraventions,] shall by order prescribe any charges to be paid for vehicles left in a parking place designated by the order; and any such charge may be prescribed either—

(a)as an amount (in this Act referred to as an “initial charge”) payable in respect of an initial period and an amount (in this Act referred to as an “excess charge”) payable, in addition to an initial charge, in respect of any excess over an initial period, or

(b)as an amount payable regardless of the period for which a vehicle is left.

[F18(1A)Subject to Parts I to III of Schedule 9 to this Act, where the authority by whom a designation order is made with respect to any parking place in Greater London [F19, or outside Greater London in a civil enforcement area for parking contraventions,] impose charges to be paid for vehicles left in a parking place designated by the order, those charges shall be prescribed by the designation order or by a separate order made by the authority.]

(2)The authority by whom a designation order is made may, subject to Parts I to III of Schedule 9 to this Act, by order make such provision as may appear to that authority to be necessary or expedient for regulating or restricting the use of any parking place designated by the order, or otherwise for or in connection with the operation of such a parking place, and in particular (but without prejudice to the generality of the foregoing words) provision—

(a)for regulating the time at which and the method by which any charge is to be paid and for requiring the use of apparatus (in this Act referred to as a “parking meter”) F20. . ., being apparatus designed either—

(i)to indicate whether any charge has been paid and whether the period for which it has been paid or any further period has elapsed, or

(ii)to indicate the time and to issue tickets indicating the payment of a charge and the period in respect of which it has been paid;

(b)for treating the indications given by a parking meter or any ticket issued by it, or the absence of any such ticket from a vehicle left in a parking place, as evidence (and, in Scotland, sufficient evidence) of such facts as may be provided by the order;

[F21(c)for prohibiting the insertion in a parking meter of coins or bank notes additional to those inserted by way of payment of any charge, or for prohibiting the insertion or re-insertion in a parking meter of a credit or debit card additional to the original insertion of such a card.]

(d)for enabling the local authority to determine, subject to any restrictions specified in the order, the number and dimensions of the spaces in which vehicles may be left in a parking place;

(e)for authorising the alteration of the position in a parking place, or the removal from a parking place, of vehicles in respect of which any order relating to the parking place has been contravened or not complied with and for the safe custody of vehicles so removed;

(f)for exempting from the payment of any charge any vehicle left in a parking place in such circumstances as may be specified in the order, and for treating any vehicle so exempted as having been left there, and the charge from which it is exempted as having been paid, at such time as may be so specified;

(g)for prohibiting or restricting the carrying on of trade or other activities, or the doing of any other thing, at a parking place;

(h)for conferring on the local authority powers of illuminating parking places, and of erecting notices or signs and carrying out work on or in the vicinity of a parking place;

(i)for regulating the grant, revocation and surrender of any permit such as is mentioned in section 45(2)(a) of this Act and the issue, use and surrender of tokens indicating the holding of such a permit, or the payment of any charge in connection with the issue or use of the permit;

(j)for requiring a vehicle to which such a permit applies to display the permit or such a token when left in a parking place to which the permit applies, and for treating the display of or failure to display the permit or such a token on any vehicle left at a parking place as evidence (and, in Scotland, sufficient evidence) of such facts as may be provided by the order;

(k)for the refund, in such circumstances and in such manner as may be prescribed by the order, of the amount of any charge paid in advance by virtue of section 45(2)(b) of this Act.

(3)Where provision is made for the use of parking meters it shall be the duty of the local authority to take such steps as appear to them to be appropriate for the periodical inspection of the meters and for dealing with any found to be out of order; for securing the testing of the meters, both before they are brought into force and afterwards; and for recording the date on which, and the person by whom, a meter has been tested.

(4)Where provision is made for the use of apparatus other than parking meters, subsection (3) above shall apply to such apparatus as it applies to a parking meter.

[F22(5)In this section and in section 47 below, “credit card” and “debit card” have the meanings given by section 35A(6) above.]

[F23(6)In this section “civil enforcement area for parking contraventions” has the same meaning as in Part 6 of the Traffic Management Act 2004.]

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Amendments (Textual)

F16Words in s. 46(1) inserted (5.7.1993, 4.10.1993, 6.12.1993, 31.1.1994, 5.4.1994 and 4.7.1994 respectively for specified London boroughs and otherwise prosp.) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 64(1) (with s. 79(1)); S.I. 1993/1461, art. 3(1)(a); S.I. 1993/2229, art. 3(a); S.I. 1993/2803, art. 2(a); S.I. 1993/3238, art. 2(a); S.I. 1994/81, art. 3(b); S.I. 1994/1482, art. 2(a), Sch.; S.I. 1994/1484, art. 2(a)

F17Words in s. 46(1) inserted (E.W.) (26.10.2006 for W. and 31.3.2008 for E.) by Traffic Management Act 2004 (c. 18), ss. 91, 99, Sch. 11 para. 1(2) (with s. 38); S.I. 2006/2826, art. 2(2)(c); S.I. 2007/2053, art. 3(1)(2)(g) (with arts. 1(2), 4-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3(c), 5)

F19Words in s. 46(1A) inserted (E.W.) (26.10.2006 for W. and 31.3.2008 for E.) by Traffic Management Act 2004 (c. 18), ss. 91, 99, Sch. 11 para. 1(3) (with s. 38); S.I. 2006/2826, art. 2(2)(c); S.I. 2007/2053, art. 3(1)(2)(g) (with arts. 1(2), 4-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3(c), 5)

F20Words in s. 46(2) repealed (13.9.1996) by S.I. 1996/1533, art. 2(1), Sch.

F23S. 46(6) added (E.W.) (26.10.2006 for W. and 31.3.2008 for E.) by Traffic Management Act 2004 (c. 18), ss. 91, 99, Sch. 11 para. 1(4) (with s. 38); S.I. 2006/2826, art. 2(2)(c); S.I. 2007/2053, art. 3(1)(2)(g) (with arts. 1(2), 4-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3(c), 5)

Modifications etc. (not altering text)

C5S. 46(2)(a): definition of "parking meter" applied (5.7.1993) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 70(3) (with s. 79(1)); S.I. 1993/1461, art. 2(d)

[F2446A Variation of charges at designated parking places.E+W+S

(1)Where, by virtue of section 46 of this Act, any charges have been prescribed by a designation order or by an order under that section, the authority making that order may vary those charges by notice given under this section.

(2)The variation of any such charges by notice is not to be taken to prejudice any power to vary those charges by order under section 46 of this Act.

(3)The Secretary of State may by regulations make provision as to the procedure to be followed by any local authority giving notice under this section.

(4)The regulations may, in particular, make provision with respect to—

(a)the publication, where an authority propose to give notice, of details of their proposal;

[F25(aa)consultation about their proposal;]

(b)the form and manner in which notice is to be given; and

(c)the publication of notices.

[F26(4A)Regulations under this section may make different provision for different purposes.]

(5)In giving any notice under this section a local authority shall comply with the regulations.]

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Amendments (Textual)

F24S. 46A inserted (5.7.1993 in relation to E.W. and otherwise 10.10.1997) by Road Traffic Act 1991 (c. 40, SIF 107:1), s.42; S.I. 1993/1461, art. 2(b); S.I. 1993/1686, art.2.; S.I. 1997/2260, art. 2

47 Offences relating to designated parking places.E+W+S

(1)A person who—

(a)being the driver of a vehicle, leaves the vehicle in a designated parking place otherwise than as authorised by or under an order relating to the parking place, or leaves the vehicle in a designated parking place for longer after the excess charge has been incurred than the time so authorised, or fails duly to pay any charge payable under section 45 of this Act, or contravenes or fails to comply with any provision of an order relating to the parking place as to the manner in which vehicles shall stand in, or be driven into or out of, the parking place, or

(b)whether being the driver of a vehicle or not, otherwise contravenes or fails to comply with any order relating to designated parking places,

shall, subject to section 48 of this Act, be guilty of an offence F27. . . .

(2)In relation to an offence under paragraph (a) of subsection (1) above of leaving a vehicle for longer after the excess charge has been incurred than the time authorised by an order relating to the parking place, or failing duly to pay any charge payable under section 45 of this Act, the reference in that paragraph to the driver of a vehicle shall be construed as a reference to the person driving the vehicle at the time when it was left in the parking place.

(3)A person who, with intent to defraud, interferes with a parking meter, or operates or attempts to operate a parking meter by the insertion of objects other than current coins [F28or bank notes of the appropriate denomination, or the appropriate credit or debit cards], shall be guilty of an offence.

(4)Where, in any proceedings in England or Wales for an offence under this section of failing to pay any charge, it is proved that the amount which has become due, or any part of that amount, has not been duly paid, the court shall order the payment of the sum not paid; and any sum ordered to be paid by virtue of this subsection shall be recoverable as a penalty.

F29(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where in any proceedings for an offence under this section of failing to pay an excess charge it is not proved that the excess charge had become due, but it is proved that an initial charge has not been paid, the defendant may be convicted of an offence under this section of failing to pay an initial charge.

F30(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F29Words in s. 47(5) repealed (13.9.1996) by S.I. 1996/1553, art. 2(1). Sch.

Modifications etc. (not altering text)

C6S. 47(1) excluded (temp. from 1.10.1991 for E.W. and from 16.6.1997 for S.) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 43, 84(1), Sch. 3, para. 1(4)(b); S.I. 1991/2054, art. 3, Sch.; S.I. 1997/1580, art. 2

48 Acceptance of payment as bar to proceedings under s. 47.E+W+S

(1)Where a parking meter relating to the space in which a vehicle is left in a designated parking place indicates that the period for which payment was made for the vehicle by an initial charge has expired, but the authority by whom the parking place is controlled are satisfied that the initial charge was not paid, acceptance by the authority of payment of the excess charge shall be a bar to proceedings for an offence under section 47(1)(a) of this Act of failing to pay the initial charge.

(2)Where in the case of any vehicle—

(a)an authorisation by way of such a certificate, other means of identification or device as is referred to in section 4(2), 4(3), 7(2) or 7(3) of this Act, or such a permit or token as is referred to in section 46(2)(i) of this Act, has been issued with respect to the vehicle, and

(b)the authority by whom a designated parking place is controlled are satisfied that, in accordance with the terms on which the authorisation was issued, a charge has become payable and has not been paid in respect of any period for which the vehicle has been left in that parking place,

acceptance by that authority of payment of the amount of that charge shall be a bar to proceedings for an offence under section 47(1)(a) of this Act of failing duly to pay the charge.

49 Supplementary provisions as to designation orders and designated parking places.E+W+S

(1)Where under a designation order vehicles may not be left at all times in the designated parking place—

(a)the parking place shall for the purposes of sections 46 and 47 of this Act be treated, as respects any time during which vehicles may not be left there in pursuance of the order, as if it were not designated by the order; and

(b)any vehicle left in the parking place which remains there at the beginning of a period during which vehicles may be left there in pursuance of the order shall, for the purposes of those sections, be treated as if it had been left there at the beginning of that period, but without prejudice to any rights or liabilities in respect of anything done or omitted at any time before the beginning, or after the end, of that period.

(2)Subject to subsection (3) below, a designation order may revoke the designation of any place as a parking place under section 6 or 32 of this Act; and such an order, or an order under either of those sections containing a designation of a place as a parking place, may provide that the designation shall not have effect as respects any time in respect of which provision is made under section 45 of this Act for the leaving of vehicles in that place.

F31(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Subject to Parts I to III of Schedule 9 to this Act, the authority by whom a parking place is designated under section 45 of this Act may by order empower the local authority, the chief officer of police or any other person specified by or under the order to provide for the moving, in case of emergency, of vehicles left in the parking place; to suspend the use of the parking place or any part of it on such occasions or in such circumstances as may be determined by or under the order; and to provide for the temporary removal of any parking meters installed at the parking place.

[F32(4A)A constable, or a person acting under the instructions (whether general or specific) of the chief officer of police, may suspend the use of a parking place designated under section 45 of this Act for not more than 7 days in order to prevent or mitigate congestion or obstruction of traffic, or danger to or from traffic, in consequence of extraordinary circumstances.]

(5)Any local authority may acquire, whether by purchase or by hiring, such parking meters and other apparatus as appear to the authority to be required or likely to be required for the purposes of their functions under sections 45 and 46 of this Act and subsections (1) to (4) above.

(6)Anything authorised or required by the provisions of sections 45 and 46 of this Act and subsections (1) to (4) above to be prescribed or done by order may, except as otherwise expressly provided, be prescribed or done either by a designation order or by a general order.

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Amendments (Textual)

Modifications etc. (not altering text)

F3350. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

[F3451 Parking devices for designated parking places.E+W+S

(1)Any power of a local authority to make charges under section 45 of this Act for vehicles left in a designated parking place shall include power to require those charges, or any part of them, to be paid by means of the hire or purchase in advance, or the use, of parking devices in accordance with any relevant provision of an order under section 46 of this Act.

(2)Any ower of a local authority to make orders under section 46(2) of this Act shall include power by any such order to make provision—

(a)for regulating the issue, use and surrender of parking devices;

(b)for requiring vehicles to display parking devices when left in any parking place in respect of which the parking devices may be used;

(c)without prejudice to the generality of paragraph (b) above, for regulating the manner in which parking devices are to be displayed or operated;

(d)for prescribing the use, and the manner of use, of apparatus, F35. . ., designed to be used in connection with parking devices;

(e)for treating—

(i)the indications given by a parking device; or

(ii)the display or the failure to display a parking device on or in any vehicle left in any parking place,

as evidence [F36(and, in Scotland, as sufficient evidence)] of such facts as may be provided by the order;

(f)for the refund, in such circumstances and in such manner as may be prescribed in the order, of the whole or part of the amount of any charge paid in advance in respect of a parking device;

(g)for the payment of a deposit in respect of the issue of a parking device and for the repayment of the whole or part of any such deposit.

(3)For the purposes of subsection (2) above—

(a)the references to parking meters in section 46(2)(b) and (c) of this Act shall include references to the apparatus referred to in subsection (2)(d) above; and

(b)the reference in section 46(2)(c) of this Act to the insertion in a parking meter of coins [F37or banknotes] additional to those inserted by way of payment of any charge [F38or to the insertion or re-insertion in a parking meter of a credit or debit card additional to the original insertion of such a card] shall include (so far as is appropriate) a reference to insertions or re-insertions in any such apparatus of parking devices additional to the original insertion of those devices.

(4)[F39In this section and in section 52 below “parking device” means either] a card, disc, token, meter, permit, stamp or other similar device, whether used in a vehicle or not, F40. . ., which, being used either by itself, or in conjunction with any such apparatus as is referred to in subsection (2)(d) above, indicates, or causes to be indicated, the payment of a charge, and—

(a)the period in respect of which it has been paid and the time of the beginning or end of the period; or

(b)whether [F41or not] the period for which it has been paid or any further period has elapsed; [F42or]

[F42(c)the period for which the vehicle in relation to which the parking device is used is permitted to park in the parking place, and the time of the beginning or end of the period; or

(d)whether or not the period for which the vehicle in relation to which the parking device is used is permitted to park in the parking place or any further period has elapsed;

or any other device of any such description as may from time to time be prescribed for the purposes of this section and section 52 below by order made by the Secretary of State, F40. . ..]

[F43(4A)An order under subsection (4) above which revokes or amends a previous order under that subsection may make such saving and transitional provision as appears to the Secretary of State to be necessary or expedient.

(4B)The power to make orders under subsection (4) above is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

F44(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

F35Words in s. 51(2)(d) repealed (13.9.1996) by S.I. 1996/1553, art. 2(1), Sch.

F40Words in s. 51(4) repealed (13.9.1996) by S.I. 1996/1533, art. 2(1), Sch.

F44S. 51(5)(6) repealed (13.9.1996) by S.I. 1996/1533, art. 2(1), Sch.

52 Offences and proceedings in connection with parking devices and associated apparatus.E+W+S

(1)A person who, with intent to defraud,—

(a)interferes with any apparatus referred to in section 51(2)(d) of this Act or with a parking device, or operates or attempts to operate any such apparatus or any parking device otherwise than in the manner prescribed, or

(b)displays a parking device otherwise than in the manner prescribed,

shall be guilty of an offence.

F45(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 48(1) of this Act the reference to a parking meter relating to the space in which a vehicle is left in a designated parking place shall include references to—

(a)any such apparatus as is referred to in section 51(2)(d) of this Act which relates to the space in which a vehicle is so left, and

(b)to a parking device used in respect of a vehicle left in a space in a designated parking place.

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Amendments (Textual)

F45S. 52(2) repealed (13.9.1996) by S.I. 1996/1533, art. 2(1), Sch.

53 Designation orders outside Greater London.E+W+S

(1)A designation order made in respect of [F46highways or, in Scotland, roads] in any area outside Greater London may include such provisions—

(a)for any of the purposes specified in paragraphs (a) to (c) of section 2(2) of this Act, or

(b)for authorising the use without charge (subject to such, if any, conditions as may be specified in the order) of any part of a road as a parking place for vehicles, or for vehicles of such classes as may be specified in the order,

as the authority making the order may consider appropriate in connection with the designation order.

(2)A designation order making provision for any of the purposes referred to in subsection (1)(a) above may vary or revoke any subsisting provision made for any of those purposes under section 1 of this Act.

(3)A designation order making such provision as is mentioned in subsection (1)(b) above may include provision for the removal, from any place authorised by virtue of that paragraph to be used as a parking place, of any vehicle left there in contravention of the order, and for the safe custody of the vehicle.

(4)Section 47 of this Act shall not apply to contraventions of, or failures to comply with, any provisions of a designation order having effect by virtue of subsection (1) above.

(5)A person who uses a vehicle, or causes or permits a vehicle to be used, in contravention of any provision of a designation order having effect by virtue of subsection (1)(a) above shall be guilty of an offence.

(6)In the event of a contravention of, or non-compliance with, a provision of a designation order having effect by virtue of subsection (1)(b) above, the person responsible (as determined in accordance with the order) shall be guilty of an offence.

F47(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F46Words in s. 53(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59,108), s. 168(1), Sch. 8 para.45; which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2, and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

Modifications etc. (not altering text)

F4854.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

55 Financial provisions relating to designation orders.E+W

(1)A local authority shall keep an account of their income and expenditure in respect of parking places[F49 for which they are the local authority and which are—.

(a)in the case of [F50in the case of] the council of a London borough and the Common Council of the City of London, parking places on the highway; and

(b)in the case of any other authority, designated parking places.]

(2)At the end of each financial year any deficit in the account shall be made good out of the [F51general fund][F52or, in Wales, council fund], and (subject to subsection (3) below) any surplus shall be applied for all or any of the purposes specified in subsection (4) below and, in so far as it is not so applied, shall be appropriated to the carrying out of some specific project falling within those purposes and carried forward until applied to carrying it out.

(3)If the local authority so determine, any amount not applied in any financial year, instead of being or remaining so appropriated, may be carried forward in the account kept under subsection (1) above to the next financial year.

F53[(3A)[F54Transport for London,]] The council of each London borough and the Common Council of the City of London shall, after each financial year, report to the [F55Secretary of State] on any action taken by them, pursuant to subsection (2) or (3) above, in respect of any deficit or surplus in their account for the year.

(3B)The report under subsection (3A) above shall be made as soon after the end of the financial year to which it relates as is reasonably possible.

(4)The purposes referred to in subsection (2) above are the following, that is to say—

(a)the making good to the [F56general fund][F52or, in Wales, council fund] of any amount charged to that fund under subsection (2) above in the 4 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 [F57off-street parking accommodation, whether in the open or under cover;]

(c)the making to other local authorities, F58 . . . or 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 [F57off-street parking accommodation, whether in the open or under cover;]

[F59(d)if it appears to the local authority that the provision in their area of further off-street parking accommodation is unnecessary or undesirable, the following purposes—

(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)the purposes of a highway or road improvement project in the local authority's area,

(iii)in the case of a London authority, meeting costs incurred by the authority in respect of the maintenance of roads maintained at the public expense by them,

(iv)the purposes of environmental improvement in the local authority's area,

(v)in the case of such local authorities as may be prescribed, any other purposes for which the authority may lawfully incur expenditure;]

(e)in the case of a London authority, meeting all or any part of the cost of the doing by the authority in their area of anything—

(i)which facilitates the implementation of the London transport strategy, and

(ii)which is for the time being specified in that strategy as a purpose for which a surplus may be applied by virtue of this paragraph;

(f)in the case of a London authority, the making to any other London authority of contributions towards the cost of the doing by that other authority of anything towards the doing of which in its own area the authority making the contribution has power—

(i)to apply any surplus on the account required to be kept under subsection (1) above; or

(ii)to incur expenditure required to be brought into that account.

F60[(4A)For the purposes of subsection (4)(d)(ii)—

(a)a highway improvement project means a project connected with the carrying out by the appropriate highway authority (whether the local authority or not) of any operation which constitutes the improvement (within the meaning of the Highways Act 1980) of a highway in the area of a local authority in England or Wales; and

(b)a road improvement project means a project connected with the carrying out by the appropriate roads authority (whether the local authority or not) of any operation which constitutes the improvement (within the meaning of the Roads (Scotland) Act 1984) of a road in the area of a local authority in Scotland.]

[F61(4B)For the purposes of subsection (4)(d)(iv) “environmental improvement” includes—

(a)the reduction of environmental pollution (as defined in the Pollution Prevention and Control Act 1999 (c. 24); see section 1(2) and (3) of that Act);

(b)improving or maintaining the appearance or amenity of—

(i)a road or land in the vicinity of a road, or

(ii)open land or water to which the general public has access; and

(c)the provision of outdoor recreational facilities available to the general public without charge.

(4C)Regulations for the purposes of subsection (4)(d)(v) above—

(a)may prescribe all local authorities, particular authorities or particular descriptions of authority,

(b)may make provision by reference to whether the authority or authorities in question have been classified for the purposes of any other enactment as falling or not falling within a particular category, and

(c)may make provision for the continued application of that provision, in prescribed cases and to such extent as may be prescribed, where an authority that is prescribed or of a prescribed description ceases to be so.]

F62(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F65(8)For the purpose of enabling Transport for London and any other London authorities to discharge jointly any functions conferred by virtue of subsection (4)(f) above by a joint committee established under section 101(5) of the M1Local Government Act 1972, sections 101(5) and 102 of that Act shall have effect as if Transport for London were a local authority.

(9)In the application of this section in relation to Transport for London, any reference to its general fund shall be taken as a reference to the financial reserves for which provision is made under section 85(4)(c) of the Greater London Authority Act 1999 in calculating Transport for London’s component budget for the financial year in question.

(10)In this section—

  • London authority” means Transport for London, a London borough council or the Common Council of the City of London;

  • the London transport strategy” means the transport strategy prepared and published under section 142 of the Greater London Authority Act 1999.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Amendments (Textual)

F49Words in s. 55(1) substituted (5.7.1993, 4.10.1993, 6.12.1993, 31.1.1994, 5.4.1994 and 4.7.1994 respectively for specified London boroughs and otherwise prosp.) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 81, Sch. 7 para. 5(2); S.I. 1993/1461, art. 3(1)(e)(f); S.I. 1993/2229, art. 3(e)(f); S.I. 1993/2803, art. 2(e)(f); S.I. 1993/3238, art. 2(e)(f); S.I. 1994/81, art. 3(e)(f); S.I. 1994/1482, art. 2(a), Sch.; S.I. 1994/1484, art. 2(a)

F50Words in s. 55(1)(a) inserted (3.7.2000) by 1999 c. 29, s. 282(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.

F53S. 55(3A)(3B) inserted (5.7.1993, 4.10.1993, 6.12.1993, 31.1.1994, 5.4.1994 and 4.7.1994 respectively for specified London boroughs and otherwise prosp.) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 81, Sch. 7 para. 5(3); S.I. 1993/1461, art. 3(1)(e)(f); S.I. 1993/2229, art. 3(e)(f); S.I. 1993/2803, art. 2(e)(f); S.I. 1993/3238, art. 2(e)(f); S.I. 1994/81, art. 3(e)(f); S.I. 1994/1482, art. 2(a), Sch.; S.I. 1994/1484, art. 2(a)

F54Words in s. 55(3A) inserted (3.7.2000) by 1999 c. 29, s. 282(3)(a) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.

F55Words in s. 55(3A) substituted (3.7.2000) by 1999 c. 29, s. 282(3)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.

F59S. 55(4)(d) substituted (E.W.) (4.10.2004 for E. and 26.10.2006 for W.) by Traffic Management Act 2004 (c. 18), ss. 95(2), 99 (with s. 38); S.I. 2004/2380, art. 2(f); S.I. 2006/2826, art. 2(d)

F61S. 55(4B)(4C) inserted (4.10.2004 for E. and 26.10.2006 for W.) by Traffic Management Act 2004 (c. 18), ss. 95(3), 99 (with s. 38); S.I. 2005/2380, art. 2(f); S.I. 2006/2826, art. 2(d)

F63S. 55(6) repealed (1.4.1996) by 1994 c. 19, ss. 22(1), 66(8), Sch. 7 Pt. II para. 38(6)(b), Sch. 18; (ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 22(3)); S.I. 1996/396, art. 3

F65S. 55(8)(9)(10) inserted (3.7.2000) by 1999 c. 29, s. 282(5) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.

Modifications etc. (not altering text)

C9S. 55 modified (5.7.1993) by S.I. 1993/1474, art. 5(1)

S. 55 modified (4.10.1993) by S.I. 1993/2237, art. 5(1)

S. 55 modified (6.12.1993) by S.I. 1993/2804, art. 4(1)

S. 55 modified (31.1.1994) by S.I. 1993/3239, art. 4(1)

S. 55 modified (1.1.1997) by S.I. 1997/3038, art. 5(1)

S. 55 modified (1.7.1997) by S.I. 1997/1342, art. 5(1)

S. 55 modified (1.6.1998) by S.I. 1997/1134, art. 5(1)

S. 55 modified (15.11.2004) by The Road Traffic (Special Parking Area) (GLA Roads and GLA Side Roads) Order 2004 (S.I. 2004/2684), art. 4(1)

C10S. 55 applied (with modifications) (30.12.2003) by London Local Authorities and Transport for London Act 2003 (c. iii), s. 11

Marginal Citations

55 Financial provisions relating to designation orders.S

(1)A local authority shall keep an account of their income and expenditure in respect of parking places[F49 for which they are the local authority and which are—.

(a)in the case of [F50in the case of] the council of a London borough and the Common Council of the City of London, parking places on the highway; and

(b)in the case of any other authority, designated parking places.]

(2)At the end of each financial year any deficit in the account shall be made good out of the [F51general fund][F52or, in Wales, council fund], and (subject to subsection (3) below) any surplus shall be applied for all or any of the purposes specified in subsection (4) below and, in so far as it is not so applied, shall be appropriated to the carrying out of some specific project falling within those purposes and carried forward until applied to carrying it out.

(3)If the local authority so determine, any amount not applied in any financial year, instead of being or remaining so appropriated, may be carried forward in the account kept under subsection (1) above to the next financial year.

[F53(3A)[F54Transport for London,]] The council of each London borough and the Common Council of the City of London shall, after each financial year, report to the [F55Secretary of State] on any action taken by them, pursuant to subsection (2) or (3) above, in respect of any deficit or surplus in their account for the year.

(3B)The report under subsection (3A) above shall be made as soon after the end of the financial year to which it relates as is reasonably possible.

(4)The purposes referred to in subsection (2) above are the following, that is to say—

(a)the making good to the [F56general fund][F52or, in Wales, council fund] of any amount charged to that fund under subsection (2) above in the 4 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 [F57off-street parking accommodation, whether in the open or under cover;]

(c)the making to other local authorities, F58 . . . or 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 [F57off-street parking accommodation, whether in the open or under cover;]

[F66F67(d)if it appears to the local authority that the provision in their area of further off-street parking accommodation is unnecessary or undesirable, the following purposes—

(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, and

(ii)the purposes of a highway or road improvement project in the local authority’s area.]

[F68(e)in the case of a London authority, meeting all or any part of the cost of the doing by the authority in their area of anything—

(i)which facilitates the implementation of the London transport strategy, and

(ii)which is for the time being specified in that strategy as a purpose for which a surplus may be applied by virtue of this paragraph;

(f)in the case of a London authority, the making to any other London authority of contributions towards the cost of the doing by that other authority of anything towards the doing of which in its own area the authority making the contribution has power—

(i)to apply any surplus on the account required to be kept under subsection (1) above; or

(ii)to incur expenditure required to be brought into that account.]

[F60(4A)For the purposes of subsection (4)(d)(ii)—

(a)a highway improvement project means a project connected with the carrying out by the appropriate highway authority (whether the local authority or not) of any operation which constitutes the improvement (within the meaning of the Highways Act 1980) of a highway in the area of a local authority in England or Wales; and

(b)a road improvement project means a project connected with the carrying out by the appropriate roads authority (whether the local authority or not) of any operation which constitutes the improvement (within the meaning of the Roads (Scotland) Act 1984) of a road in the area of a local authority in Scotland.]

F62(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F65(8)For the purpose of enabling Transport for London and any other London authorities to discharge jointly any functions conferred by virtue of subsection (4)(f) above by a joint committee established under section 101(5) of the M1Local Government Act 1972, sections 101(5) and 102 of that Act shall have effect as if Transport for London were a local authority.

(9)In the application of this section in relation to Transport for London, any reference to its general fund shall be taken as a reference to the financial reserves for which provision is made under section 85(4)(c) of the Greater London Authority Act 1999 in calculating Transport for London’s component budget for the financial year in question.

(10)In this section—

  • London authority” means Transport for London, a London borough council or the Common Council of the City of London;

  • the London transport strategy” means the transport strategy prepared and published under section 142 of the Greater London Authority Act 1999.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Amendments (Textual)

F49Words in s. 55(1) substituted (5.7.1993, 4.10.1993, 6.12.1993, 31.1.1994, 5.4.1994 and 4.7.1994 respectively for specified London boroughs and otherwise prosp.) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 81, Sch. 7 para. 5(2); S.I. 1993/1461, art. 3(1)(e)(f); S.I. 1993/2229, art. 3(e)(f); S.I. 1993/2803, art. 2(e)(f); S.I. 1993/3238, art. 2(e)(f); S.I. 1994/81, art. 3(e)(f); S.I. 1994/1482, art. 2(a), Sch.; S.I. 1994/1484, art. 2(a)

F50Words in s. 55(1)(a) inserted (3.7.2000) by 1999 c. 29, s. 282(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.

F53S. 55(3A)(3B) inserted (5.7.1993, 4.10.1993, 6.12.1993, 31.1.1994, 5.4.1994 and 4.7.1994 respectively for specified London boroughs and otherwise prosp.) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 81, Sch. 7 para. 5(3); S.I. 1993/1461, art. 3(1)(e)(f); S.I. 1993/2229, art. 3(e)(f); S.I. 1993/2803, art. 2(e)(f); S.I. 1993/3238, art. 2(e)(f); S.I. 1994/81, art. 3(e)(f); S.I. 1994/1482, art. 2(a), Sch.; S.I. 1994/1484, art. 2(a)

F54Words in s. 55(3A) inserted (3.7.2000) by 1999 c. 29, s. 282(3)(a) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.

F55Words in s. 55(3A) substituted (3.7.2000) by 1999 c. 29, s. 282(3)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.

F63S. 55(6) repealed (1.4.1996) by 1994 c. 19, ss. 22(1), 66(8), Sch. 7 Pt. II para. 38(6)(b), Sch. 18; (ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 22(3)); S.I. 1996/396, art. 3

F65S. 55(8)(9)(10) inserted (3.7.2000) by 1999 c. 29, s. 282(5) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.

F67S. 55(4)(d): it is provided that the word "and" immediately preceding s. 55(4)(d) is repealed (3.7.2000) by 1999 c. 29, s. 282(4) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.

Modifications etc. (not altering text)

C9S. 55 modified (5.7.1993) by S.I. 1993/1474, art. 5(1)

S. 55 modified (4.10.1993) by S.I. 1993/2237, art. 5(1)

S. 55 modified (6.12.1993) by S.I. 1993/2804, art. 4(1)

S. 55 modified (31.1.1994) by S.I. 1993/3239, art. 4(1)

S. 55 modified (1.1.1997) by S.I. 1997/3038, art. 5(1)

S. 55 modified (1.7.1997) by S.I. 1997/1342, art. 5(1)

S. 55 modified (1.6.1998) by S.I. 1997/1134, art. 5(1)

S. 55 modified (15.11.2004) by The Road Traffic (Special Parking Area) (GLA Roads and GLA Side Roads) Order 2004 (S.I. 2004/2684), art. 4(1)

C10S. 55 applied (with modifications) (30.12.2003) by London Local Authorities and Transport for London Act 2003 (c. iii), s. 11

Marginal Citations

56 Grants where parking place designated by Secretary of State.E+W+S

Where by virtue of paragraph 3 of Schedule 9 to this Act a parking place has been designated under section 45 of this Act by the Secretary of State—

(a)he may make grants out of moneys provided by Parliament towards the cost of the provision and maintenance of off-street parking places whether in the open or under cover, or for any purpose such as is mentioned in section 55(4)(d)(i) or (ii) of this Act; but

(b)in exercising his powers under this section he shall use his best endeavours to secure that the aggregate of the amounts paid by him by way of grants does not exceed the difference between—

(i)the aggregate of the sums received by him by way of charges made by him for vehicles left in parking places designated by him under section 45 of this Act; and

(ii)the aggregate of the expenses incurred by him in the provision, operation and maintenance of the parking places in respect of which those charges are made.

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