Search Legislation

The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Road Traffic (Permitted Parking Area and Special Parking Area) (Renfrewshire Council) Designation Order 2010

This section has no associated Policy Notes

15.—(1) The Road Traffic (Permitted Parking Area and Special Parking Area) (Renfrewshire Council) Designation Order 2010(1) is amended in accordance with sub-paragraphs (2) and (3).

(2) For article 6 (consequential modification) substitute—

Disapplication of schedule 1 of the Tribunals and Inquiries Act 1992

6.  The reference in paragraph 40(b) of schedule 1 of the Tribunals and Inquiries Act 1992(2) to a parking adjudicator appointed under section 73(3) of the 1991 Act does not apply in relation to the parking area..

(3) In schedule 2 (modifications of provisions of Part 2 of the Road Traffic Act 1991)—

(a)for paragraph 3(4) substitute—

(4) In subsection (8)—

(a)in paragraph (a) for “a parking adjudicator” substitute “the First-tier Tribunal”; and

(b)in paragraph (b)—

(i)for “a parking adjudicator’s” substitute “the First-tier Tribunal’s”;

(ii)for “costs” substitute “expenses”; and

(iii)for “him” substitute “it”.,

(b)after paragraph 3 insert—

3A.(1) Section 72 (appeals to parking adjudicator in relation to decisions under section 71) is modified as follows.

(2) In subsection (1) for “a parking adjudicator” in both places where it occurs substitute “the First-tier Tribunal”.

(3) Omit subsections (2) and (3).

(4) The heading of the section becomes “Appeals to the First-tier tribunal in relation to decisions under section 71”.,

(c)in paragraph 4—

(i)in sub-paragraph (2) for “and (2)” substitute “, (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13) and (14)”,

(ii)omit sub-paragraphs (3), (5), (6), (7), (8), (9) and (10),

(iii)for sub-paragraph (4) substitute—

(4) After subsection (3) insert—

(3A) The parking authority must meet the costs incurred by the Scottish Courts and Tribunals Service—

(a)for the provision of all accommodation and administrative staff and facilities; and

(b)in relation to the remuneration and expenses of legal members,

required for the operation of the First-tier Tribunal exercising the functions set out in section 72(2) and 73(3) of the 1991 Act and paragraph 5(2) of schedule 6 of that  Act..,

(iv)for sub-paragraph (11) substitute—

(11) In subsection (17)—

(a)for “Joint Committee”, wherever it occurs, substitute “parking authority”;

(b)for “each parking adjudicator” substitute “the First-tier Tribunal and the Upper Tribunal”; and

(c)for “him” substitute “their”.,

(v)in sub-paragraph (12), after head (b) insert—

(c)for “parking adjudicators” substitute “First-tier Tribunal and the Upper  Tribunal”.,

(vi)after sub-paragraph (12) insert—

(13) The heading of the section becomes “Parking Authority Costs and  Administration”.,

(d)in paragraph 6(2)—

(i)before the entry relating to “hiring agreement” insert—

“First-tier Tribunal” means the First-tier Tribunal for Scotland;,

(ii)at the end of the entry relating to “prescribed” omit “and”,

(iii)at the end of the entry relating to “traffic commissioner” for “.” substitute “; and”, and

(iv)after the entry relating to “traffic commissioner” insert—

“Upper Tribunal” means the Upper Tribunal for Scotland;,

(e)in paragraph 7—

(i)sub-paragraph (5)—

(aa)after head (a) insert—

(aa)for “a parking adjudicator”, wherever it occurs, substitute “the First-tier Tribunal”;; and

(bb)for head (b) substitute—

(b)in subparagraph (b)—

(i)for “a parking adjudicator’s” substitute “the First-tier Tribunal’s”;

(ii)for “costs” substitute “expenses”; and

(iii)for “him” substitute “it”; and,

(ii)in sub-paragraph (6)—

(aa)omit “and” in sub-head (i) of head (a),

(bb)after sub-head (i) of head (a) insert—

(ia)for “a parking adjudicator”, in each place where it occurs, substitute “the First-tier Tribunal”; and, and

(cc)omit heads (b) and (c),

(iii)in sub-paragraph (7)—

(aa)omit “and” in head (a),

(bb)in head (b) for “.” substitute “;”, and

(cc)after head (b) insert—

(c)in subparagraph (2)(c) for “adjudicator’s” substitute “First-tier Tribunal’s”; and

(d)in subparagraph (3) for “adjudicator” substitute “First-tier Tribunal” and for “his” substitute “its”.,

(iv)in sub-paragraph (9), for “paragraph 8” substitute “paragraphs 8 and 9”.

(4) In schedule 3 (modifications to the Road Traffic Regulation Act 1984) omit paragraph 6.

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

Opening Options

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

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

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

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 made 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