The Parking Attendants (Wearing of Uniforms) (Renfrewshire Council Parking Area) Regulations 2010

Scottish Statutory Instruments

2010 No. 97

Road Traffic

The Parking Attendants (Wearing of Uniforms) (Renfrewshire Council Parking Area) Regulations 2010

Made

11th March 2010

Laid before the Scottish Parliament

12th March 2010

Coming into force

19th April 2010

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 63A of the Road Traffic Regulation Act 1984(1) and all other powers enabling them to do so.

In accordance with section 134(2) of that Act they have consulted with such representative organisations as they think fit.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Parking Attendants (Wearing of Uniforms) (Renfrewshire Council Parking Area) Regulations 2010 and come into force on 19th April 2010.

(2) In these Regulations—

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

“the 1991 Act” means the Road Traffic Act 1991(2); and

“Renfrewshire council parking area” means the area designated as a permitted parking area and a special parking area by article 3 of the Road Traffic (Permitted Parking Area and Special Parking Area) (Renfrewshire Council) Designation Order 2010.

Prescribed functions

2.—(1) All functions conferred on parking attendants by or under the enactments mentioned in paragraph (2) are prescribed for the purposes of section 63A(4) of the 1984 Act (wearing of uniforms by parking attendants when exercising prescribed functions) in its application to the Renfrewshire council parking area.

(2) The enactments referred to in paragraph (1) are—

(a) section 99 of the 1984 Act (removal of vehicles);

(b) section 66(1) of the 1991 Act (issue of a penalty charge notice); and

(c) section 69 of the 1991 Act (immobilisation of vehicles).

STEWART STEVENSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

11th March 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe functions during the exercise of which, a parking attendant must wear such uniform as the Scottish Ministers may determine (regulation 2).

The requirement to wear a uniform is contained in section 63A(4) of the Road Traffic Regulation Act 1984. Section 63A itself applies to Greater London only but by virtue of the Road Traffic (Permitted Parking Area and Special Parking Area) (Renfrewshire Council) Designation Order 2010 that section is modified so as to apply to the parking area designated by that Order. Accordingly, parking attendants exercising the prescribed functions within that parking area are required to wear a uniform when doing so.

(1)

1984 c.27; section 63A was inserted by the Road Traffic Act 1991 (c.40), section 44 and is modified in relation to the Renfrewshire council parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (Renfrewshire Council) Designation Order 2010, S.S.I. 2010/96; section 142(1) contains a definition of “prescribed” relevant to the making of these Regulations. The functions of the Secretary of State, so far as they are exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(2)

1991 c.40.