The Road Traffic (Permitted Parking Areas and Special Parking Areas) (City of Oxford and Parish of North Hinksey) (Amendment) Order 1999

Statutory Instruments

1999 No. 1668

ROAD TRAFFIC

The Road Traffic (Permitted Parking Areas and Special Parking Areas) (City of Oxford and Parish of North Hinksey) (Amendment) Order 1999

Made

13th June 1999

Laid before Parliament

14th June 1999

Coming into force

5th July 1999

Whereas the Oxfordshire County Council has applied to the Secretary of State for an order to be made under paragraphs 1(1) and 2(1) of Schedule 3 to the Road Traffic Act 1991(1) with respect to part of their area and the Secretary of State has consulted the Chief Constable of Thames Valley Police in accordance with the requirements of paragraphs 1(3) and 2(3) of that Schedule and the Council on Tribunals in accordance with the requirements of section 8 of the Tribunals and Inquiries Act 1992(2);

NOW, the Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred by paragraphs 1(1), 2(1) and 3(3) of Schedule 3 to the Road Traffic Act 1991 and of all other powers enabling him in that behalf, hereby makes the following Order:–

Citation and commencement U.K.

1.  This Order may be cited as the Road Traffic (Permitted Parking Areas and Special Parking Areas) (City of Oxford and Parish of North Hinksey) (Amendment) Order 1999 and shall come into force on 5th July 1999.

Commencement Information

I1 Art. 1 in force at 5.7.1999, see art. 1

Preliminary U.K.

2.  The Road Traffic (Permitted Parking Areas and Special Parking Areas) (City of Oxford and Parish of North Hinksey) Order 1996(3) shall be amended in accordance with the following provisions of this Order.

Commencement Information

I2 Art. 2 in force at 5.7.1999, see art. 1

Amendment of paragraph 5 of Schedule 2 U.K.

3.  For paragraph 5 of Schedule 2 there shall be substituted–

“5.— (1) Section 73 shall be modified as follows–

(2) For subsections (1) to (3) there shall be substituted–

“(1) The functions conferred on the parking authority by this section shall be discharged by it through a joint committee (the “Joint Committee”) set up in pursuance of arrangements entered into by it under section 101(5) of the Local Government Act 1972(4) with two or more other local authorities.

(2) In subsection (1) “local authorities” means authorities which are county or district councils in England or county or county borough councils in Wales in whose areas permitted parking areas or special parking areas have been designated under Schedule 3 to this Act.

(3) The parking authority shall–

(a) with the consent of the Lord Chancellor appoint persons to act as parking adjudicators for the purposes of this Act in relation to the special parking areas and the permitted parking areas;

(b) provide or secure the provision of accommodation and administrative staff for parking adjudicators so appointed; and

(c) determine the places at which such parking adjudicators are to sit.”

(3) In subsection (5) for the words “the London authorities” there shall be substituted “the parking authority”.

(4) Subsections (8) to (10) shall be omitted.”

Commencement Information

I3 Art. 3 in force at 5.7.1999, see art. 1

Amendment of paragraph 8 of Schedule 2 U.K.

4.—(1) Paragraph 8 of Schedule 2 shall be amended as follows.

(2) In the definition of “designated parking place” in the substituted section 82(1) of the Road Traffic Act 1991 for the words “section 32(1)(a) or (b)” there shall be substituted “section 32(1)(b)”.

Commencement Information

I4 Art. 4 in force at 5.7.1999, see art. 1

Amendment of paragraph 9 of Schedule 2 U.K.

5.—(1) Paragraph 9 of Schedule 2 shall be amended as follows.

(2) In sub-paragraph (3)(d)–

(a) for the words “paragraphs (c) and (d)” there shall be substituted “paragraph (c)”; and

(b) paragraph (d) as inserted into paragraph 2(4) of Schedule 6 to the Road Traffic Act 1991 shall be omitted.

Commencement Information

I5 Art. 5 in force at 5.7.1999, see art. 1

Signed by authority of the Secretary of State

Glenda Jackson

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

13th June 1999

Explanatory Note

(This note is not part of the Order)

This Order amends the Road Traffic (Permitted Parking Areas and Special Parking Areas) (City of Oxford and Parish of North Hinksey) Order 1996 (“the principal Order”) which designated permitted parking areas and special parking areas in the City of Oxford and the adjoining Parish of North Hinksey.

Paragraph 5 of Schedule 2 to the principal Order modified section 73 of the Road Traffic Act 1991 (parking adjudicators) in its application to the designated areas so that adjudicators appointed by the Joint Committee of London authorities are authorised to act in relation to those areas. Article 3 of this Order amends the modifications of section 73 in the principal Order to provide for the appointment of adjudicators to act in the designated areas through a joint committee of local authorities, none of which are London authorities. Article 4 makes a drafting amendment to the modifications of section 82 and article 5 revokes a modification to paragraph 2 of Schedule 6.

(1)

1991 c. 40. Schedule 3 was amended by the Road Traffic Act 1991 (Amendment of Schedule 3) (England and Wales) Order 1996 (S.I. 1996/500).

(2)

1992 c. 53.

(3)

S.I. 1996/2650.

(4)

1972 c. 70.