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Statutory Instrument 2005 No. 95The Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan District of Leeds) Order 2005(The document as of February, 2008. Arhiv.Online Library) STATUTORY INSTRUMENTS2005 No. 95ROAD TRAFFICThe Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan District of Leeds) Order 2005
Whereas Leeds City 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 the whole of its area and the Secretary of State has consulted the Chief Constable of the West Yorkshire 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 Transport, 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 1.This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan District of Leeds) Order 2005 and shall come into force on 1st March 2005. Interpretation 2.In this Order -
Application
(b) the entire length of the M621 within the district, including its on and off slip roads; (c) the entire length of the M1 within the district, including its on and off slip roads; (d) the entire length of the A1(M) within the district, including its on and off slip roads; (e) the entire length of the A58(M) within the district, including its on and off slip roads; and (f) the entire length of the A64(M) within the district, including its on and off slip roads. Designation of permitted parking area and special parking area
(b) a special parking area. Modification and application of Part II of the 1991 Act 1. - (1) Section 66 shall be modified as follows. (2) In subsection (1) the words "in a designated parking place" shall be omitted. (3) Subsection (2) shall be omitted. (4) In subsection (3) -
(b) in paragraph (e) for the words "the London authority" there shall be substituted "the parking authority". (5) Subsection (4) shall be omitted.
2. - (1) Section 69 shall be modified as follows.
(3) For subsection (8) there shall be substituted -
3. - (1) Section 71 shall be modified as follows.
(b) that 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; (c) that the place where the vehicle was at rest was not in the parking area; (d) in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, section 69 did not apply to the vehicle in question; or (e) that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case." 4. - (1) Section 73 shall be modified as follows.
(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 -
(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 appointing authorities" there shall be substituted "the parking authority".
5.For section 74 there shall be substituted the following section -
(2) Different levels may be set for different parts of the parking area. (3) The levels of additional parking charges set by the parking authority under this section shall accord with guidance given by the Secretary of State whether such guidance is given specifically to the parking authority or to local authorities generally. (4) Guidance given by the Secretary of State under subsection (3) above may be varied at any time by the Secretary of State. (5) The parking authority shall publish, in such manner as the Secretary of State may determine, the levels of additional parking charges which have been set under this section. (6) In 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 section 69 of this Act." 6. - (1) Section 78 shall be modified as follows.
7. - (1) Section 82 shall be modified as follows.
(3) In subsection (5) for the words "the London authority concerned" there shall be substituted "the parking authority".
(b) in sub-paragraph (2) for the words "in such form as" to the end of the sub-paragraph there shall be substituted "in writing"; (c) in sub-paragraph (3) for the words "The authority" there shall be substituted "The parking authority"; (d) in sub-paragraph (4) for paragraph (c) there shall be substituted -
(e) in sub-paragraph (7) for the words "an authority to whom representations are duly made" there shall be substituted "the parking authority when representations are duly made to it". (4) In paragraph 3 for the words "the London authority concerned" in both places where they occur there shall be substituted "the parking authority".
(b) in sub-paragraph (2) for the words "the London authority concerned" there shall be substituted "the parking authority"; and (c) for sub-paragraph (3) there shall be substituted -
(7) In paragraph 6 -
(b) in sub-paragraph (2)(b)(ii) for the words "the authority concerned" there shall be substituted "the parking authority". (8) In paragraph 7, for the words "the authority concerned" there shall be substituted "the parking authority".
(b) in sub-paragraphs (6) and (7) for the words "the London authority" in both places where they occur there shall be substituted "the parking authority". 1. - (1) Section 46 shall be modified as follows. (2) Subsection (1) shall be omitted. (3) In subsection (1A) for "Greater London" there shall be substituted "the parking area". 2. - (1) Section 55 shall be amended as follows. (2) For subsection (1) there shall be substituted -
(b) of their income from additional parking charges (within the meaning of section 74(6) of the Road Traffic Act 1991) received by them in respect of vehicles found within the special parking area and the expenditure incurred by them in relation to that area by virtue of any provision of Part II of the Road Traffic Act 1991 as it applies in relation to that area. (1A) As soon as reasonably possible after the end of each financial year the local authority shall forward to the Secretary of State a copy of the account for that year." (3) Subsections (3A) and (3B) shall be omitted.
(b) for the words "Greater London Authority" there shall be substituted "Secretary of State". 4. - (1) Section 101 shall be modified as follows.
(3) Subsection (2) shall be omitted.
(This note is not part of the Order) This Order applies to the whole of the metropolitan district of Leeds, except the roads specified in article 3. The Order designates the metropolitan district of Leeds, other than the excepted roads, as both a permitted parking area and a special parking area in accordance with Schedule 3 to the Road Traffic Act 1991. It also applies with modifications various provisions of Part II of that Act to the designated area and modifies the Road Traffic Regulation Act 1984 in relation to the designated area. A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business. Notes: [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) and by the Road Traffic Act 1991 (Special Parking Areas) (England) Order 2003 (S.I. 2003/859) as regards England.back [2] 1992 c.53.back [3] 1984 c.27. Section 32(4)(a) was amended by the Local Government Act 1985. Section 45(1) was substituted by the New Roads and Street Works Act 1991 (c.22) Schedule 8, paragraphs 39 and 44. Sections 46(1A), 63A and 101(4A) and (5A) were inserted by the Road Traffic Act 1991, sections 64(2), 44(1) and 67(4) and (6). Section 102(8) was amended by the Road Traffic Act 1991, section 68(3). Section 121A was inserted by the New Roads and Street Works Act 1991 (c.22), section 168(1) and Schedule 8, paragraph 70.back [4] 1972 c.70.back [5] S.I. 1999/1918.back [6] 1988 c.53.back ISBN 0 11 051751 2 -- Back--
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