Search Legislation

Disabled Persons' Parking Places (Scotland) Act 2009

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Duties in relation to certain orders under the 1984 Act

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Disabled Persons' Parking Places (Scotland) Act 2009, Cross Heading: Duties in relation to certain orders under the 1984 Act. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Duties in relation to certain orders under the 1984 ActS

3Certain orders under the 1984 ActS

(1)Sections 4 to 8 make provision for circumstances in which a local authority must start the statutory procedure for the making of the following kinds of order under the 1984 Act.

(2)In this Act, a “disabled street parking order” is an order made under section 45 of the 1984 Act which—

(a)specifies that a street parking place may be used only by a disabled persons' vehicle, and

(b)provides that the parking place may be so used without charge.

(3)In this Act, a “disabled off-street parking order” is an order made under section 35 of the 1984 Act which—

(a)provides that an off-street parking place may be used only by a disabled persons' vehicle, and

(b)provides that any charge to be paid in connection with such use of the parking place may not be greater than any charge payable (whether by virtue of the order or another order under the 1984 Act) in connection with the use of any other off-street parking place in the same premises.

4Disabled street parking orders: local authorities' initial dutiesS

(1)A local authority must identify every street parking place in its area that at the time of the coming into force of this Act is an advisory disabled street parking place.

(2)In relation to each parking place that it so identifies, the authority must decide whether it is a parking place from which there is convenient access to the address of a person who holds a disabled persons' badge.

(3)If the authority's decision under subsection (2) is that the parking place is such a parking place, it must either—

(a)decide that, having regard to its duties under section 45(3) and section 122 of the 1984 Act, it has no power to make a disabled street parking order in respect of the parking place, or

(b)start the statutory procedure for the making of such an order.

(4)Subsection (5) applies if—

(a)the authority's decision under subsection (2) is that a parking place is not a parking place from which there is convenient access to the address of a person who holds a disabled persons' badge;

(b)the authority makes a decision under subsection (3)(a).

(5)The authority must—

(a)publish its reasons, and

(b)remove any road-markings or sign posts indicating that the parking place is for use only by a disabled persons' vehicle.

(6)If the authority starts the statutory procedure under subsection (3)(b) and the result of the procedure is that no disabled street parking order is made in respect of the parking place, the authority must remove any road-markings or sign posts indicating that the parking place is for use only by a disabled persons' vehicle.

(7)The authority must perform its duty under subsection (1) and any duty under subsection (2), (3) or (5) within the period of 12 months beginning with the coming into force of this Act.

5Disabled street parking orders: requests by qualifying personsS

(1)A qualifying person may request a local authority to make a disabled street parking order in respect of a street parking place—

(a)which is in the authority's area, and

(b)from which there is convenient access to the person's address.

(2)If it is satisfied that the person making a request under subsection (1) is a qualifying person, the authority must—

(a)decide whether it is possible to identify a suitable street parking place in its area from which there is convenient access to the person's address, and

(b)if it decides that that is possible, identify such a parking place.

(3)If the authority identifies such a parking place, it must either—

(a)decide that, having regard to its duties under section 45(3) and section 122 of the 1984 Act, it has no power to make a disabled street parking order in respect of the parking place, or

(b)start the statutory procedure for the making of such an order.

(4)Subsection (5) applies if—

(a)the authority is not satisfied that the person making the request is a qualifying person;

(b)the authority's decision under subsection (2) is that it is not possible to identify a suitable street parking place in its area from which there is convenient access to the person's address;

(c)the authority makes a decision under subsection (3)(a).

(5)The authority must give the person who made the request under subsection (1) its reasons.

(6)The form and manner in which a request under subsection (1) is to be made—

(a)may be prescribed by regulations made by the Scottish Ministers;

(b)unless regulations made under paragraph (a) are in force, may be specified by the authority.

(7)A request under subsection (1) may be made through another person acting on behalf of the qualifying person.

(8)A “qualifying person” is a person who holds a disabled persons' badge and whose address—

(a)if the person is an individual, is the same as the registered address of the registered keeper of a vehicle suitable for the carriage of the individual;

(b)if the person is an organisation, is the same as the registered address of the registered keeper of a vehicle used by or on behalf of the organisation to carry disabled persons.

(9)In subsection (8)—

  • “the registered keeper” of a vehicle is the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994 (c. 22) at the time the request is made;

  • “the registered address” of the registered keeper is the address recorded at that time in the record kept under that Act with respect to that vehicle as being that person's address.

6Disabled off-street parking orders: local authorities' initial dutiesS

(1)A local authority must identify every off-street parking place in its area that at the time of the coming into force of this Act is an advisory disabled off-street parking place.

(2)If a parking place so identified is an eligible parking place the authority must either—

(a)decide that, having regard to its duty under section 122 of the 1984 Act, it has no power to make a disabled off-street parking order in respect of the parking place, or

(b)start the statutory procedure for the making of such an order.

(3)If a parking place identified under subsection (1) is not an eligible parking place, subsection (4) applies.

(4)The authority must decide whether, if the parking place were provided under arrangements under section 33(4) of the 1984 Act, it would have power to make a disabled off-street parking order in respect of the parking place.

(5)In making a decision under subsection (4) the authority must have regard to its duty under section 122 of the 1984 Act.

(6)If the authority's decision under subsection (4) is that it would have that power, it must seek to make arrangements under section 33(4) of the 1984 Act for the provision of the parking place with a view to being able to make such an order.

(7)If the authority does make such arrangements, it must start the statutory procedure for the making of such an order.

(8)An “eligible parking place” is a parking place that is provided—

(a)by the authority itself under section 32(1)(a) of the 1984 Act, or

(b)under arrangements that the authority has made under section 33(4) of that Act.

(9)The authority must—

(a)perform its duty under subsection (1) and any duty under subsection (2) or (4) within the period of 12 months beginning with the coming into force of this Act, and

(b)start to perform any duty under subsection (6) within that period.

7Disabled off-street parking orders: new developmentS

(1)This section applies to a local authority which—

(a)in its capacity as a planning authority under the Town and Country Planning (Scotland) Act 1997 (c. 8), grants planning permission for a relevant development;

(b)learns of a relevant development in its area for which planning permission is granted by a development order.

(2)In relation to each advisory disabled off-street parking place included in or, as the case may be, created by a relevant development, subsection (3) applies.

(3)The authority must decide whether, if the parking place were provided under arrangements under section 33(4) of the 1984 Act, it would have power to make a disabled off-street parking order in respect of the parking place.

(4)In making a decision under subsection (3) the authority must have regard to its duty under section 122 of the 1984 Act.

(5)If the authority's decision under subsection (3) is that it would have that power, it must seek to make arrangements under section 33(4) of the 1984 Act for the provision of the parking place with a view to being able to make such an order.

(6)If the authority does make such arrangements, it must start the statutory procedure for the making of such an order.

(7)The authority must—

(a)perform its duty under subsection (3) within the relevant period, and

(b)start to perform any duty under subsection (5) within the relevant period.

(8)In subsection (7), the “relevant period” is the period of three months beginning, as the case may be, with—

(a)the date on which the authority grants the planning permission, or

(b)the date on which the authority learns of the relevant development.

(9)A local authority must monitor development in its area with a view to learning of relevant developments for which planning permission is granted by a development order.

8Disabled off-street parking orders: ongoing dutiesS

(1)The following duties apply to a local authority which has sought unsuccessfully to make arrangements for the provision of a parking place pursuant to a duty under—

(a)section 6(6);

(b)section 7(5);

(c)subsection (4) of this section.

(2)At the end of the relevant period the authority must decide whether, if the parking place were provided under arrangements under section 33(4) of the 1984 Act, it would have power to make a disabled off-street parking order in respect of the parking place.

(3)In making a decision under subsection (2) the authority must have regard to its duty under section 122 of the 1984 Act.

(4)If the authority's decision under subsection (2) is that it would have that power, it must seek to make arrangements under section 33(4) of the 1984 Act for the provision of the parking place with a view to being able to make such an order.

(5)If the authority does make such arrangements, it must start the statutory procedure for the making of such an order.

(6)The authority must—

(a)perform its duty under subsection (2) within the period of three months beginning with the last date of the relevant period, and

(b)start to perform any duty under subsection (4) within that period of three months.

(7)The “relevant period” is the period of two years beginning with the date on which the authority last concluded that it was unable to make arrangements pursuant to a duty listed in subsection (1).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources