The Road Traffic Act 1991 (Commencement No. 6 and Transitional Provisions) Order 1993

Statutory Instruments

1993 No. 1461 (C.28)

ROAD TRAFFIC

The Road Traffic Act 1991 (Commencement No. 6 and Transitional Provisions) Order 1993

Made

10th June 1993

The Secretary of State for Transport, in exercise of the powers conferred by section 84 of the Road Traffic Act 1991(1), and of all other enabling powers, hereby makes the following Order:—

Citation and Interpretation

1.—(1) This Order may be cited as the Road Traffic Act 1991 (Commencement No. 6 and Transitional Provisions) Order 1993.

(2) In this Order—

“the 1984 Act” means the Road Traffic Regulation Act 1984(2);

“the 1991 Act” means the Road Traffic Act 1991; and

“vehicle” has the meaning given by section 99(5) of the 1984 Act.

(3) For the purposes of this Order, a London borough is a relevant London borough if—

(a) subsection (1) of section 64 of the 1991 Act is in force in respect of that London borough,

(b) subsections (4) and (6) of section 67 of the 1991 Act are for the time being in force for the purposes of the subsections thereby inserted in relation to vehicles found in that London borough, and

(c) subsection (2)(b) of section 68 of the 1991 Act is for the time being in force for the purposes of the subsection thereby inserted in relation to the council of that London borough.

(4) For the purposes of this Order, the City of London shall be treated as if were a London borough and the Common Council be treated as if it were the council of a London borough.

Commencement and Transitional Provisions

2.  The following provisions of the 1991 Act shall come into force on 5th July 1993—

(a) section 41;

(b) section 42;

(c) section 66(7);

(d) section 70;

(e) section 71;

(f) section 72;

(h) section 79;

(g) section 83, to the extent necessary for bringing into force the provisions of Schedule 8 to the 1991 Act brought into force by this Order;

(h) Schedule 6; and

(g) Schedule 8, to the extent that it relates to section 102 of the 1984 Act.

3.—(1) The following provisions of the 1991 Act shall come into force on 5th July 1993 in respect of the London borough of Wandsworth only—

(a) section 64 to the extent that it is not already in force;

(b) section 65;

(c) section 66, to the extent that it is not brought into force by article 2 of this Order;

(d) section 69;

(e) section 81, to the extent necessary for bringing into force the provisions of Schedule 7 brought into force by this article; and

(f) paragraph 5 of Schedule 7, to the extent that that paragraph is not already in force.

(2) Until subsection (1) of section 64 of the 1991 Act is fully in force, section 46 of the 1984 Act as amended by section 64 of the 1991 Act shall have effect as if “Greater London” meant so much of Greater London as consists of relevant London boroughs.

4.—(1) Section 67 of the 1991 Act shall come into force on 5th July 1993 except that subsections (4) and (6) of that section shall so come into force only for the purpose of the application of the subsections thereby inserted in relation to vehicles found in the London borough of Wandsworth.

(2) Until subsections (4) and (6) of section 67 of the 1991 Act are fully in force, section 101 of the 1984 Act, as amended by section 67 of the 1991 Act, shall have effect as if “Greater London”, wherever it occurs, meant so much of Greater London as consists of relevant London boroughs.

5.—(1) Section 68 of the 1991 Act shall come into force on 5th July 1993 except that subsections (2)(b) of that section shall so come into force only for the purpose of the application of the subsection thereby inserted in relation to the council of the London borough of Wandsworth.

(2) Until subsection (2)(b) of section 68 of the 1991 Act is fully in force, section 102 of the 1984 Act as amended by section 68 of the 1991 Act, shall have effect as if–

(a) “London authority” meant the council of a relevant London borough, and

(b) in subsection (8), after the words “local authority” there were inserted the words “or from a parking place which is designated under section 6 of this Act but is not within the area of a relevant London borough as defined in The Road Traffic Act 1991 (Commencement No. 6 and Transitional Provisions) Order 1993”.

6.—(1) In relation to a vehicle that is stationary in a designated parking place immediately before 5th July 1993, section 66(2) of the 1991 Act shall have effect for so long as it remains in that parking place as if the words “on or after 5th July 1993” were inserted after—

(a) the word “left” in paragraph (a),

(b) the word “payable” in paragraph (b),

(c) the word “has” in paragraph (c).

(2) Where a vehicle has been removed pursuant to any enactment before 5th July 1993, sections 67 and 68 of the 1991 Act shall not apply in relation to that removal or to any storage or disposal of the vehicle as a consequence of that removal.

Steven Norris

Parliamentary Under Secretary of State,

Department of Transport

10th June 1993

Explanatory Note

(This note is not part of the Order)

This Order brings into force sections 41 and 42 of the Road Traffic Act 1991 which enable a local authority to vary parking charges by giving notice.

The Order also brings into force, in connection with the London borough of Wandsworth, provisions relating to the enforcement of certain parking restrictions. It also brings fully into force other provisions relating to such enforcement, but until further orders are made these provisions will be applicable only in connection with the London borough of Wandsworth.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

Provision	Date of commencement	S.I. No.
ss.1 to 34	1st July 1992	1992/1286 as amended by 1992/1410
s.35	1st October 1991 2nd March 1992	1991/2054 1992/199
ss.36 to 40	1st July 1992	1992/1286 as amended by 1992/1410
s.43 (except in respect of Scotland)	1st October 1991	1991/2054
s.44	1st October 1991	1991/2054
ss.45 and 46	1st July 1992	1992/1286 as amended by 1992/1410
s.47	1st April 1992	1992/421
s.48 (partially)	1st October 1991 1st April 1992 1st April 1992 1st July 1992	1991/2054 1992/199 1992/421 1992/1286 as amended by 1992/1410
s.49	1st July 1992	1992/1286 as amended by 1992/1410
ss.50 to 63	1st October 1991	1991/2054
s.64(2)	1st October 1991	1991/2054
ss.73 to 78	1st October 1991	1991/2054
s.80	1st October 1991	1991/2054
s.81 (partially)	1st October 1991 1st July 1992	1991/2054 1992/1286 as amended by 1992/1410 1992/2010
s.82	1st October 1991	1991/2054
s.83 (partially)	1st October 1991 1st April 1992 1st July 1992	1991/2054 1992/421 1992/1286 as amended by 1992/1410
Schedule 1	1st July 1992	1992/1286 as amended by 1992/1410
Schedule 2	1st July 1992	1992/1286 as amended by 1992/1410
Schedule 3 (except in respect of Scotland)	1st October 1991	1991/2054
Schedule 4 (partially)	1st October 1991 1st April 1992 1st April 1992 1st July 1992	1991/2054 1992/199 1992/421 1992/1286 as amended by 1992/1410
Schedule 5	1st October 1991	1991/2054
Schedule 7 (partially)	1st October 1991 1st April 1992 1st July 1992	1991/2054 1992/421 1992/1286 as amended by 1992/1410 1992/2010
Schedule 8 (partially)	1st October 1991 1st April 1992 1st July 1992	1991/2054 1992/421 1992/1286 as amended by 1992/1410

(1)

1991 c. 40.

(2)

1984 c. 27; amendments relevant to this instrument are made to section 45 by paragraph 44 of Schedule 8 to theNew Roads and Street Works Act 1991 (c. 22), to section 46 by section 64 of the Road Traffic Act 1991, to section 101by section 67 of the Road Traffic Act 1991 and to section 102 by section 68 of, and Schedule 8 to, that Act.