The Control of Off-Street Parking (England and Wales) Order 1978

EXPLANATORY NOTE

This Order applies, with appropriate modifications, the provisions of section 36 of, and Schedule 5 to, the Transport (London) Act 1969 (c. 35) to England (outside Greater London) and to Wales. These provisions deal with the control of public off-street parking.

The text of the Order follows closely the wording of the 1969 Act but incorporates the changes required or permitted by section 11 of the Transport Act 1978.

Articles 3 and 4 of the Order enable county councils in England and Wales by regulations to designate controlled areas in which under Article 5 the provision of public off-street parking places will require a licence from the relevant district council. The procedure for such designation is set out in Part I of the Schedule.

Articles 6 and 7 provide for permanent or limited licences and for the terms and conditions of licences.

Inspection of parking places is provided for in Article 8. Local authorities are required by Article 9 to give reasons for their decisions.

Article 10 and Part II of the Schedule deal with the transfer, surrender, variation and revocation of licences.

Provision for appeals against decisions with respect to licences and for compensation in certain cases is made in Articles 11 and 13 and in Parts III and IV of the Schedule.

Contravention by the holder of a licence of its terms and conditions is an offence (Article 12) as also is the operation of a public off-street parking place without a licence (Article 14).

County councils and local authorities are required by Article 15 to apply the principles of the control to their own public off-street parking places situated in a controlled area.

Article 16 gives the Secretary of State power to suspend the control in an emergency.

Part V of the Schedule provides for permissible periods of unlicensed operation of public off-street parking places in certain cases.