The Road Traffic Act 1991 (Amendment of Section 76(3)) Order 1995

Statutory Instruments

1995 No. 1437

ROAD TRAFFIC

The Road Traffic Act 1991 (Amendment of Section 76(3)) Order 1995

Made

6th June 1995

Laid before Parliament

8th June 1995

Coming into force

3rd July 1995

The Secretary of State for Transport, in exercise of the powers conferred by section 76(4) of the Road Traffic Act 1991(1) and of all other powers enabling him in that behalf, and after consultation with the Commissioner of Police of the Metropolis and the Commissioner of Police of the City of London and with appropriate associations in accordance with section 76(5) of that Act, hereby makes the following Order:—

Citation and commencement

1.  This Order may be cited as the Road Traffic Act 1991 (Amendment of Section 76(3)) Order 1995 and shall come into force on 3rd July 1995.

Amendment of the Road Traffic Act 1991

2.  In section 76(3) of the Road Traffic Act 1991 (provisions ceasing to apply in a special parking area) the following paragraphs shall be substituted for paragraph (c)—

“(c) section 16(1) of the Act of 1984(2) so far as it relates to the contravention of any provision of an order or notice under section 14 of that Act—

(i) prohibiting or restricting the waiting of vehicles on any road; or

(ii) relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act;

(ca) section 35A(1) (contravention of parking place orders) of the Act of 1984 so far as it applies in relation to stationary vehicles;

(cb) section 61(5) (prohibition of vehicles in loading areas) of the Act of 1984 so far as it applies in relation to stationary vehicles;.”

Signed by authority of the Secretary of State for Transport

Steven Norris

Parliamentary Under Secretary of State,

Department of Transport

6th June 1995

Explanatory Note

(This note is not part of the Order)

Section 76(3) of the Road Traffic Act 1991 provides that certain statutory provisions creating criminal offences for the contravention of parking restrictions are to cease to have effect in a special parking area, while the order under section 76(1) designating the area is in force. This Order amends section 76(3) by adding to the last of decriminalised parking contraventions.

(1)

1991 c. 40.

(2)

i.e. the Road Traffic Regulation Act 1984 (c. 27). Section 14 was substituted by the Road Traffic (Temporary Provisions) Act 1991 (c. 26), Schedule 1. Section 35 was amended by the Road Traffic (Consequential Provisions) Act 1988 (c. 54), Schedule 1, Part I; by section 1 of the Parking Act 1989 (c. 16); and by the Road Traffic Act 1991, section 44(2), Schedule 8. Section 35A was inserted by the Parking Act 1989, section 2. Section 61(1) was amended by the Local Government Act 1985 (c. 51), Schedule 5, paragraph 4(25).