The Road Traffic (Permitted Parking Area and Special Parking Area) (City of Glasgow, Perth and Kinross Council, Aberdeen City Council, Dundee City Council and South Lanarkshire Council) Designation Amendment Order 2006

Scottish Statutory Instruments

2006 No. 446

ROAD TRAFFIC

The Road Traffic (Permitted Parking Area and Special Parking Area) (City of Glasgow, Perth and Kinross Council, Aberdeen City Council, Dundee City Council and South Lanarkshire Council) Designation Amendment Order 2006

Made

30th August 2006

Laid before the Scottish Parliament

1st September2006

Coming into force

1st October 2006

The Scottish Ministers, having received applications from the City of Glasgow Council, Perth and Kinross Council, Aberdeen City Council, Dundee City Council and South Lanarkshire Council under paragraphs 1(1)(d) and 2(1)(c) of Schedule 3 to the Road Traffic Act 1991(1) and having consulted the Chief Constable of Strathclyde Police, the Chief Constable of Tayside Police and the Chief Constable of Grampian Police in accordance with paragraphs 1(3) and 2(3) of that Schedule, in exercise of the powers conferred by paragraphs 1(1), 2(1) and 3(3) of that Schedule and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Glasgow, Perth and Kinross Council, Aberdeen City Council, Dundee City Council and South Lanarkshire Council) Designation Amendment Order 2006 and shall come into force on 1st October 2006.

Amendment of Designation Orders

2.  The following Orders are amended in accordance with article 3–

(a) the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Glasgow) Designation Order 1999(2);

(b) the Road Traffic (Permitted Parking Area and Special Parking Area) (Perth and Kinross Council) Designation Order 2002(3);

(c) the Road Traffic (Permitted Parking Area and Special Parking Area) (Aberdeen City Council) Designation Order 2003(4); and

(d) the Road Traffic (Permitted Parking Area and Special Parking Area) (Dundee City Council) Designation Order 2004(5).

3.  In each Order–

(a) in article 5(1), omit “Part 1 of”;

(b) omit article 5(2); and

(c) omit Part II of Schedule 3 (modifications of Schedule 3 to the Road Traffic Act 1991).

Amendment of the Road Traffic (Permitted Parking Area and Special Parking Area) (South Lanarkshire Council) Designation Order 2005

4.  The Road Traffic (Permitted Parking Area and Special Parking Area) (South Lanarkshire Council) Designation Order 2005(6) is amended as follows–

(a) in article 5(1), omit “Part 1 of”;

(b) omit article 5(2);

(c) in paragraph 7(a) of Part I of Schedule 3 (modifications of the Road Traffic Regulation Act 1984), for “the Road Traffic (Permitted Parking Area and Special Parking Area) (Dundee City Council) Designation Order 2003” substitute “the Road Traffic (Permitted Parking Area and Special Parking Area) (South Lanarkshire Council) Designation Order 2005”; and

(d) omit Part II of Schedule 3 (modifications of Schedule 3 to the Road Traffic Act 1991).

TAVISH SCOTT

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

30th August 2006

Explanatory Note

(This note is not part of the Order)

This Order amends several Designation Orders (which make arrangements for enforcing parking controls in designated areas) to remove the modification provided for in Part II of Schedule 3 of each Order. Articles 2 and 3 of this Order have the effect of, in the parking areas established by the Designation Orders referred to in Article 2, further decriminalising the offence provided for at section 35A(1) of the Road Traffic Regulation Act 1984 so far as it relates to the contravention of, or non-compliance with provision in any order made under section 35 of that Act (use of parking places) applying in relation to a stationary vehicle.

Article 4(a), (b) and (d) makes equivalent amendments to the Road Traffic (Permitted Parking Area and Special Parking Area) (South Lanarkshire Council) Designation Order 2005. Article 4(c) corrects an error in paragraph 7(a) of Part I of Schedule 3 to that Order.

(1)

1991 c. 40; paragraphs 1(1) and 2(1) of Schedule 3 were amended by the Local Government etc. (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 171. The functions of the Secretary of State were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46).

(2)

S.S.I. 1999/59, as amended by S.S.I. 2002/187.

(3)

S.S.I. 2002/398.

(4)

S.S.I. 2003/70.

(5)

S.S.I. 2004/87.

(6)

S.S.I. 2005/11.