The Holyrood Park Amendment Regulations 2005

Made12th January 2005

Coming into force14th January 2005

The Scottish Ministers, in exercise of the powers conferred by sections 2(1) of the Parks Regulations (Amendment) Act 19261, and by section 62 of the Road Traffic Regulation Act 19842 and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has, in accordance with section 2(2) of the Parks Regulations (Amendment) Act 1926, section 6(2) of the Statutory Instruments Act 19463, and articles 3(3) and 12 of the Scotland Act 1998 (Transitory and Transitional provisions) (Statutory Instruments) Order 19994, been laid before the Scottish Parliament and a period of 40 days having expired without a resolution that the Regulations be not made:

Citation and commencement1

These Regulations may be cited as the Holyrood Park Amendment Regulations 2005 and shall come into force on 14th January 2005.

Amendment of the Holyrood Park Regulations 1971

2

The Holyrood Park Regulations 19715 are amended in accordance with the following regulations.

3

In regulation 2(1) (interpretation)–

a

after the definition of “heavy commercial vehicle” insert–

“holiday” means Christmas Day, Boxing Day, New Years Day, Good Friday and Easter Monday;
“motor cycle” means a mechanically propelled vehicle with fewer than four wheels of which the weight unladen does not exceed 410 kilogrammes;

b

after the definition of “Park-keeper” insert–

“parking permit” means a permit issued by the Scottish Ministers for the parking of the vehicle in question;
“parking ticket” means a ticket, obtained for the parking of the vehicle in question in the Park which shows the charge paid and the period in respect of which the charge has been paid;

c

after the definition of “notice or sign” insert–

“valid parking ticket” means a parking ticket, showing as the period in respect of which the charge has been paid a period comprising the entire period during which the vehicle remains parked.

4

After regulation 4(20) (acts for which written permission is required) insert–

21
leaving a vehicle in the Broad Pavement car park to the south of the Palace of Holyroodhouse at any time between 0830 hours and 1730 hours on any day except a Saturday, Sunday or holiday unless a valid parking ticket is displayed in the vehicle in such a way that it is clearly visible to a person outside the vehicle,
except that a parking ticket shall not be required in respect of–
i
a vehicle in which a badge issued under section 21 of the Chronically Sick and Disabled Persons Act 19706 is displayed in accordance with regulations made under that section;
ii
a motor cycle;
iii
any vehicle in which a parking permit is displayed in such a way that it is clearly visible to a person outside the vehicle and which is allowed to remain parked in accordance with the terms of that parking permit.
22
leaving a vehicle in Broad Pavement car park during the periods referred to in paragraph (21) for a period longer than four continuous hours.

5

After regulation 4 insert–

Parking Charges and Excess Charge and Penalty
4A
The charge for a parking ticket shall be £1 for each hour or part thereof.
4B
1
An excess charge of £30 shall be payable, in accordance with paragraphs (2), in respect of any vehicle which remains parked in contravention of paragraphs (21) or (22) of regulation 4.
2
The excess charge shall be paid to the Scottish Ministers, or to a person authorised by them to receive such charge on their behalf, by the person who parked the vehicle in the Park within 14 days of a written demand for the same.
3
Payment of the excess charge in accordance with paragraph (2) shall preclude proceedings being commenced for contravention of paragraphs (21) or (22) of regulation 4.

PATRICIA FERGUSONA member of the Scottish ExecutiveSt Andrew’s House, Edinburgh12th January 2005

(This note is not part of the Regulations)

These Regulations introduce a “pay and display” charging scheme for vehicle parking in the Broad Pavement car park to the south of the Palace of Holyroodhouse in Holyrood Park.

The Regulations impose a general four-hour parking limit and a parking charge at the rate of £1 per hour or part thereof.

There is no charge for the parking of motor cycles in the Park, nor for the parking of vehicles displaying a disabled person’s badge. Nor is there any charge for parking vehicles in accordance with a parking permit issued by the Scottish Ministers.

The Regulations provide for an excess charge of £30 in respect of vehicles parked in the Park for more than four hours and in respect of vehicles that do not display a valid parking ticket (unless no charge is payable as in the cases referred to above).