Statutory Instruments
Road Traffic
Made
16th May 2024
The Secretary of State makes these Regulations in exercise of the power conferred by section 12(2) of the Parking (Code of Practice) Act 2019(1).
1.—(1) These Regulations may be cited as the Parking (Code of Practice) Act 2019 (Commencement) Regulations 2024.
2. The following provisions of the Parking (Code of Practice) Act 2019 come into force on 20th May 2024—
(a)section 1 (Parking code);
(b)section 2 (Parking code: procedure);
(c)section 3 (Review and revision of parking code);
(d)section 4 (Publication of parking code);
(e)section 5 (Effect of parking code);
(f)section 6 (Delegation of functions);
(g)section 7 (Appeals against parking charges);
(h)section 8 (Levy for recovery of administrative and investigation costs), insofar as not already in force;
(i)section 10 (Interpretation); and
(j)section 11 (Application to the Crown).
Signed by authority of the Secretary of State for Levelling Up, Housing and Communities
Jacob Young
Parliamentary Under Secretary of State
Department for Levelling Up, Housing and Communities
16th May 2024
(This note is not part of the Regulations)
These Regulations are the first commencement regulations made under the Parking (Code of Practice) Act 2019 (“the Act”) and they bring into force those provisions which are not already in force.
Regulation 2 brings into force sections 1 to 7 of the Act, section 8 insofar as it is not already in force, and sections 10 and 11, on 20th May 2024. All other provisions of the Act (sections 9 and 12, and section 8 insofar as it contains a power to make regulations) came into force on 15th March 2019 by virtue of section 12(1) of the Act.
Sections 1 to 7 of the Act provide for the preparation, issue, publication, review and effect of a code of practice containing guidance about the operation and management of private parking facilities. “Private parking facilities” and other relevant terms are defined in section 10 (Interpretation). The code is to be prepared and published by the Secretary of State, but section 6 enables certain functions of the Secretary of State under the Act to be delegated to a public authority by agreement. In addition to guidance that promotes good practice in the operation and management of private parking facilities, the code must include guidance about appeals against parking charges imposed by or on behalf of persons providing private parking facilities. Section 7 enables the Secretary of State to agree with a person who is independent of private parking providers that they will deal with all such appeals. Section 8 provides for the use of a levy for the costs of discharging of the Secretary of State’s functions and ancillary powers. Section 11 deals with application to the Crown.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary sector or community bodies is foreseen. An impact assessment will be completed before the laying of a code made under section 1 of the Act.