The Parking Attendants (Wearing of Uniforms) (Highland Council Parking Area) Regulations 2016

Made31st August 2016

Laid before the Scottish Parliament2nd September 2016

Coming into force3rd October 2016

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 63A(4) of the Road Traffic Regulation Act 19841 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 interpretation1

1

These Regulations may be cited as the Parking Attendants (Wearing of Uniforms) (Highland Council Parking Area) Regulations 2016 and come into force on 3rd October 2016.

2

In these Regulations—

a

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

b

“the 1991 Act” means the Road Traffic Act 19912; and

c

“the Highland 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) (Highland Council) Designation Order 20163.

Prescribed functions2

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 Highland 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)4; and

c

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

H YOUSAFAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh31st August 2016

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) (Highland Council) Designation Order 2016 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.