http://www.legislation.gov.uk/ssi/2012/140/schedule/2The Road Traffic (Permitted Parking Area and Special Parking Area) (South Ayrshire Council) Designation Order 2012ParkingParking feesenROAD TRAFFICStatute Law Database2026-07-30Expert Participation2020-04-01
This Order extends to South Ayrshire Council arrangements for enforcing parking controls already available in London and certain other areas in England and in Edinburgh, Glasgow, Perth and Kinross, Aberdeen, Dundee, South Lanarkshire and Renfrewshire. It does so by designating South Ayrshire local government area (with certain specified exceptions) as a permitted parking area and as a special parking area in accordance with Schedule3 to the Road Traffic Act 1991 (“the 1991 Act”). The Order applies to the designated area various provisions of the 1991 Act and modifies them where necessary. It also makes consequential modifications to certain provisions of the Road Traffic Regulation Act 1984 (“the 1984 Act”) dealing with parking and related matters.
SCHEDULE 2MODIFICATIONS OF PROVISIONS OF PART <Acronym Expansion="2">II</Acronym> OF THE ROAD TRAFFIC ACT 1991Article411Section 66 is modified as follows.2In subsection (1) omit “in a designated parking place”.3In subsection (2) omit—a“For the purposes of this Part of the Act”; andbparagraphs (a)(i),(b) and (c).4In subsection (3)—ain paragraph (d) for “the specified proportion” substitute “onehalf”; andbin paragraph (e) for “London” substitute “parking”.5Omit subsection (4).6For subsection(5)(b) substitute—bthe parking authority..21Section69 is modified as follows.2In subsection(1)—aomit “in a designated parking place”; andbfor “specified in section66(2)(a), (b) or (c) of this Act” substitute “in which a penalty charge is payable”.3In subsection(8) for the words from “London” to the end substitute “parking authority”.31Section71 is modified as follows.2In subsection(1) for “a London” substitute “the parking”.3For subsection(4) substitute—4The grounds are—athat there were no reasonable grounds for the parking attendant concerned to believe that the vehicle had been permitted to remain at rest in the parking area in circumstances in which a penalty charge was payable;bthat the vehicle had been permitted to remain at rest in the place where it was by a person who was in control of the vehicle without the consent of the owner;cthat the place where the vehicle was at rest was not in the parking area;din a case within subsection(1)(d) above, that, by virtue of an exemption given by section70 of this Act, section69 of this Act did not apply to the vehicle in question at the time in question; orethat the penalty or other charge in question exceeded the amount applicable in the circumstances of the case..4In subsection (8)—ain paragraph (a) for “a parking adjudicator” substitute “the First-tier Tribunal”; andbin paragraph (b)—ifor “a parking adjudicator’s” substitute “the First-tier Tribunal’s”;iifor “costs” substitute “expenses”; andiiifor “him” substitute “it”.3A1Section 72 (appeals to parking adjudicator in relation to decisions under section 71) is modified as follows.2In subsection (1) for “a parking adjudicator” in both places where it occurs substitute “the First-tier Tribunal”.3Omit subsections (2) and (3).4The heading of the section becomes “Appeals to the First-tier tribunal in relation to decisions under section 71”.41Section 73 is modified as follows.2Omit subsections (1), (1A) , (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13) and (14).3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4After subsection (3) insert—3AThe parking authority must meet the costs incurred by the Scottish Courts and Tribunals Service—afor the provision of all accommodation and administrative staff and facilities; andbin 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 thatAct..5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11In subsection (17)—afor “Joint Committee”, wherever it occurs, substitute “parking authority”;bfor “each parking adjudicator” substitute “the First-tier Tribunal and the Upper Tribunal”; andcfor “him” substitute “their”.12In subsection (18)—afor “Joint Committee” substitute “parking authority”; bfor “the Secretary of State” substitute “the Scottish Ministers”; andcfor “parking adjudicators” substitute “First-tier Tribunal and the Upper Tribunal”. 13The heading of the section becomes “Parking Authority Costs and Administration”.5For section74 substitute—Fixing of certain parking and other charges for parking area741It shall be the duty of the parking authority to set the levels of additional parking charges to apply in the parking area.2Different levels may be set for different parts of the parking area.3The levels of additional parking charges set by the parking authority under this section shall accord with any guidance given by the Scottish Ministers whether such guidance is given specifically to the parking authority or to local authorities generally.4Any guidance given by the Scottish Ministers under subsection(3) above may be varied at any time by them.5The parking authority must publish, in such manner as the Scottish Ministers may determine, the levels of additional parking charges which have been set under this section.6In this section “additional parking charges” means penalty charges, charges made by the parking authority for the removal, storage and disposal of vehicles and charges for the release of vehicles from immobilisation devices fixed under section69 of this Act..61Section 82 is modified as follows.2For subsection(1) substitute—1In this section and sections 66, 69 to 74 and 79 of, and Schedule 6 to, this Act— “First-tier Tribunal” means the First-tier Tribunal for Scotland; “hiring agreement” and “vehicle‑hire firm” have the same meanings as in section 66 of the Road Traffic Offenders Act 1988;“immobilisation device” has the same meaning as in section104(9) of the Road Traffic Regulation Act 1984;“parking area” means the area designated as a permitted parking area and a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (South Ayrshire Council) Designation Order 2012;“parking attendant” has the same meaning as in section63A of the Road Traffic Regulation Act 1984;“parking authority” means—in relation to a parking place which was provided or authorised under section 32(1) of the Road Traffic Regulation Act 1984, the local authority as defined by section32(4)(a) of that Act in relation to the parking place;in any other case, the traffic authority (other than the Scottish Ministers) as defined by section 121A of that Act;“penalty charge” means a penalty charge which is payable by virtue of paragraph 3(1) and (2) of Schedule3 to this Act;“prescribed” means prescribed by regulations made by the Scottish Ministers; ...“traffic commissioner” means the traffic commissioner appointed for the Scottish Traffic Area under section 4 of the Public Passenger Vehicles Act 1981 ; and “Upper Tribunal” means the Upper Tribunal for Scotland .3In subsection(5) for “London authority concerned” substitute “parking authority”.4In subsection (6) for “a Minister of the Crown” substitute “the Scottish Ministers”.5In subsection (7) for “either House of Parliament” substitute “the Scottish Parliament”.71Schedule6 is modified as follows.2In paragraph1(1) for “London authority concerned” substitute “parking authority”.3In paragraph2—ain subparagraph(1) for the words from “London” to the end substitute “parking authority”;bin subparagraph(2) for the words from “such” to the end substitute “writing”;cin subparagraph(3) after “The”, where it first occurs, insert “parking”;din subparagraph(4)(c) for “place” substitute “area”; andein subparagraph(7) for “an authority to whom representations are duly made” substitute “the parking authority when representations are duly made to it”.4In paragraph3(1) and (2) for “London authority concerned” in each place where it occurs substitute “parking authority”.5In paragraph4—aFor “London authority concerned” substitute “parking authority”;aafor “a parking adjudicator”, wherever it occurs, substitute “the First-tier Tribunal”; b in subparagraph (b)—ifor “a parking adjudicator’s” substitute “the First-tier Tribunal’s”;iifor “costs” substitute “expenses”; andiiifor “him” substitute “it”: and cfor “authority consider appropriate” substitute “parking authority consider appropriate”.6In paragraph5—ain subparagraph(1)—ifor “an authority” substitute “the parking authority”; ... iafor “a parking adjudicator” substitute “the First-tier Tribunal”; and iifor “authority’s decision” substitute “parking authority’s decision”;b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7In paragraph6—ain subparagraph (1) for “authority serving the notice” substitute “parking authority”; ...bin subparagraph (2)(b)(ii) for “authority concerned” substitute “parking authority” ;cin subparagraph (2)(c) for “adjudicator’s” substitute “First-tier Tribunal’s”; anddin subparagraph (3) for “adjudicator” substitute “First-tier Tribunal” and for “his” substitute “its”. 8In paragraph 7 for the words from “authority concerned” to the end substitute “parking authority may recover the increased charge as if the charge certificate were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court in any sheriffdom in Scotland”.9Omit paragraphs 8 and 9.
Road Traffic Act 1991 c.40.
1988 c.53.
1984 c.27.
S.S.I. 2012/140.
Section 63A was inserted by the 1991 Act, section 44(1).
Section 121A was inserted by the New Roads and Street Works Act 1991 (c.22).
1981 c.14.
Sch. 2 para. 3 in force at 1.9.2012, see art. 1Sch. 2 para. 4 in force at 1.9.2012, see art. 1Sch. 2 para. 6 in force at 1.9.2012, see art. 1Sch. 2 para. 7 in force at 1.9.2012, see art. 1Sch. 2 para. 1 in force at 1.9.2012, see art. 1Sch. 2 para. 2 in force at 1.9.2012, see art. 1Sch. 2 para. 5 in force at 1.9.2012, see art. 1Sch. 2 para. 3A inserted (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(b) (with sch. 1)Sch. 2 para. 3(4) substituted (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(a) (with sch. 1)Sch. 2 para. 7(5)(aa) inserted (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(e)(i)(aa) (with sch. 1)Sch. 2 para. 7(5)(b) substituted (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(e)(i)(bb) (with sch. 1)Word in sch. 2 para. 7(6)(a)(i) omitted (1.4.2020) by virtue of The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(e)(ii)(aa) (with sch. 1)Sch. 2 para. 7(6)(a)(ia) inserted (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(e)(ii)(bb) (with sch. 1)Sch. 2 para. 7(6)(b)(c) omitted (1.4.2020) by virtue of The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(e)(ii)(cc) (with sch. 1)Word in sch. 2 para. 7(7)(a) omitted (1.4.2020) by virtue of The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(e)(iii)(aa) (with sch. 1)Semicolon in sch. 2 para. 7(7)(b) substituted for full stop (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(e)(iii)(bb) (with sch. 1)Sch. 2 para. 7(7)(c)(d) inserted (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(e)(iii)(cc) (with sch. 1)Words in sch. 2 para. 7(9) substituted (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(e)(iv) (with sch. 1)Words in sch. 2 para. 6(2) inserted (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(d)(i) (with sch. 1)Word in sch. 2 para. 6(2) omitted (1.4.2020) by virtue of The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(d)(ii) (with sch. 1)Word in sch. 2 para. 6(2) substituted for full stop (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(d)(iii) (with sch. 1)Words in sch. 2 para. 6(2) inserted (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(d)(iv) (with sch. 1)Sch. 2 para. 4(13) inserted (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(c)(vi) (with sch. 1)Words in sch. 2 para. 4(2) substituted (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(c)(i) (with sch. 1)Sch. 2 para. 4(3) omitted (1.4.2020) by virtue of The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(c)(ii) (with sch. 1)Sch. 2 para. 4(5) omitted (1.4.2020) by virtue of The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(c)(ii) (with sch. 1)Sch. 2 para. 4(6) omitted (1.4.2020) by virtue of The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(c)(ii) (with sch. 1)Sch. 2 para. 4(7) omitted (1.4.2020) by virtue of The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(c)(ii) (with sch. 1)Sch. 2 para. 4(8) omitted (1.4.2020) by virtue of The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(c)(ii) (with sch. 1)Sch. 2 para. 4(9) omitted (1.4.2020) by virtue of The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(c)(ii) (with sch. 1)Sch. 2 para. 4(10) omitted (1.4.2020) by virtue of The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(c)(ii) (with sch. 1)Sch. 2 para. 4(4) substituted (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(c)(iii) (with sch. 1)Sch. 2 para. 4(11) substituted (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(c)(iv) (with sch. 1)Sch. 2 para. 4(12)(c) inserted (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3)(c)(v) (with sch. 1)