The Road Traffic Act 1991 (Amendment of Schedule 3) (Scotland) Order 1999

Scottish Statutory Instruments

1999 No. 61

ROAD TRAFFIC

The Road Traffic Act 1991 (Amendment of Schedule 3) (Scotland) Order 1999

Made

13th September 1999

Laid before the Scottish Parliament

13th September 1999

Coming into force

4th October 1999

The Scottish Ministers, in exercise of the powers conferred upon them by paragraph 2(5) of Schedule 3 to the Road Traffic Act 1991(1), and of all other powers enabling them in that behalf, and after consultation with appropriate representatives of chief officers of police and appropriate associations of local authorities in accordance with paragraph 2(6) of that Schedule, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Road Traffic Act 1991 (Amendment of Schedule 3) (Scotland) Order 1999 and shall come into force on 4th October 1999.

Amendment of the Road Traffic Act 1991

2.—(1) Schedule 3 to the Road Traffic Act 1991 (permitted and special parking areas outside London)(2) shall be amended as follows.

(2) In paragraph 2(4) (provisions creating offences ceasing to apply in special parking areas)–

(a) after paragraph (b) there shall be inserted the following paragraph–

“(baa) section 16C of the Road Traffic Regulation Act 1984 (contravention of order under section 16A of that Act to be an offence) so far as it applies in relation to stationary vehicles;”; and

(b) before paragraph (c) there is inserted–

“(bc) section 62(5) of the Roads (Scotland) Act 1984 (contravention of order under subsection (1) of that section to be an offence) so far as it applies in relation to stationary vehicles;”.

SARAH BOYACK

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

13th September 1999

Explanatory Note

(This note is not part of the Order)

This Order amends, in relation to Scotland, Schedule 3 to the Road Traffic Act 1991 (permitted and special parking areas outside London) with respect to parking contraventions which give rise to a civil liability by the imposition of a penalty charge instead of being dealt with as criminal offences. In special parking areas it will no longer be an offence to contravene an Order under section 16A of the Road Traffic Regulation Act 1984; nor to contravene an Order under section 62(1) of the Roads (Scotland) Act 1984.

(1)

1991 c. 40. The function of the Secretary of State under this provision was transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46).

(2)

Schedule 3 to the 1991 Act was amended by S.I. 1996/500 and S.I. 1998/2018.