SCHEDULE 2Consequential amendments of secondary legislation
Road Traffic (Permitted Parking Area and Special Parking Area) (East Ayrshire Council) Designation Order 201214
1
The Road Traffic (Permitted Parking Area and Special Parking Area) (East Ayrshire Council) Designation Order 201231 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 19926
The reference in paragraph 40(b) of schedule 1 of the Tribunals and Inquiries Act 199232 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 subsection (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”;
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” substitute “the First-tier Tribunal”; 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)—
a
omit paragraph 6.