Supervision of parking6A

1

The following (and only the following) fall within section 2(2)(ff) above—

a

the fixing or giving of penalty charge notices under section 66 of the 1991 Act;

b

the fixing or removal, or authorising the fixing or removal, of immobilisation devices under section 69 of the 1991 Act;

c

the removal, or the making of arrangements for the removal, of vehicles inpursuance of regulations under section 99 of the 1984 Act, where the removal is effected or arranged by parking attendants; and

d

the making of arrangements for the custody, release or disposal of vehicles whose removal is effected or arranged as mentioned in paragraph (c) above.

2

In this paragraph—

• “the 1984 Act” means the Road Traffic Regulation Act 19842;

• “the 1991 Act” means the Road Traffic Act 19913;

• “parking attendant” has the same meaning as in section 63A of the 1984 Act4.

Management of vehicles7A

1

The following (and only the following) fall within section 2(2)(gg) above—

a

arranging for motor vehicles to be available to meet the requirements from time to time of a defined authority;

b

securing that the statutory provisions relating to registration, licensing, safety and insurance are complied with as respects motor vehicles so made available and that the drivers of such vehicles are duly licensed; and

c

arranging for the provision of fuel for, and the cleaning, repair and maintenance of, such vehicles.

2

In sub-paragraph (1) above references to motor vehicles do not include references to any which are to be used exclusively for the purposes of a defined authority’s functions as a police or fire authority.

3

In this paragraph references to motor vehicles include references to trailers; and “motor vehicle” and “trailer” have the same meanings as in paragraph 7 above.

Security work10

1

The following (and only the following) fall within section 2(2)(i) above—

a

operating security controls in relation to persons entering or leaving land which is occupied by a defined authority or in which such an authority has an interest, or moving between different parts of such land; and

b

operating security patrols in respect of such land.

2

In sub-paragraph (1) above the references to land which is occupied by a defined authority or in which such an authority has an interest do not include references to—

a

any library, museum or art gallery;

b

any police establishment; or

c

in the case of the references in paragraph (a), any dwelling or residential establishment.

3

In sub-paragraph (2) above the reference to a library, museum or art gallery is a reference to—

a

one maintained under the Public Libraries and Museums Act 19645; or

b

one established under the Public Libraries Consolidation (Scotland) Act18876, or one to which that Act applies.

4

In sub-paragraph (2) above “police establishment”, “dwelling” and, subject to sub-paragraph (5) below, “residential establishment” have the same meanings as in paragraph 2(2) above.

5

In sub-paragraph (2) above “residential establishment” includes, in relation to Scotland, a hostel provided under section 13 of the Education (Scotland) Act 19807.

Legal services11

1

The provision of legal services by legal staff falls within section 2(2)(j) above.

2

For the purposes of sub-paragraph (1) above, without prejudice to the generality of the term, “legal services” includes—

a

legal advice to any of the following, namely—

i

a defined authority or its elected members;

ii

any committee or sub-committee of a defined authority, or any other group of persons which reports to such an authority, committee or sub-committee; and

iii

any officer or department of a defined authority;

b

legal advice to any other person in relation to the discharge of any functions of a defined authority;

c

legal work in or in connection with any criminal or civil proceedings before any court or tribunal or at any inquiry;

d

conveyancing work in relation to property of any kind;

e

legal work in connection with any of the following, namely—

i

contracts or agreements of any kind;

ii

matters relating to property of any kind;

iii

a defined authority’s insurance arrangements;

iv

statutory orders, notices and byelaws and, in Scotland, management rules under sections 112 to 118 of the Civic Government (Scotland) Act19828; and

v

local or personal Bills or, in Scotland, private legislation within the meaning of section 82 of the Local Government (Scotland) Act 19739; and

f

legal work in connection with the provision of a legal service for a defined authority otherwise than by a member of its own staff.

3

In sub-paragraph (1) above “legal staff” means any of the following, or any person under their management or control, namely—

a

solicitors, legal executives, barristers and advocates;

b

licensed conveyancers within the meaning of the Administration of Justice Act 198510; and

c

qualified conveyancers within the meaning of section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 199011.