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STATUTORY INSTRUMENTS


2006 No. 1791 (W.187)

ROAD TRAFFIC, WALES

The Road Traffic (Permitted Parking Area and Special Parking Area)(County Borough of Conwy) Order 2006

  Made 4 July 2006 
  Coming into force 1 September 2006 

The Council of the County Borough of Conwy has applied to the National Assembly for Wales ("the National Assembly") 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 that County Borough and the National Assembly has consulted the Chief Constable of the North Wales 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];

     The National Assembly, 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 it in that behalf[3], hereby makes the following Order:

Citation and commencement
     1. This Order, which may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area)(County Borough of Conwy) Order 2006, comes into force on the 1 September 2006.

Interpretation
    
2. In this Order:

Application
     3. This Order applies to the whole of the county borough of Conwy except the entire length of the A55, including its on and off slip roads, within the county borough.

Designation of permitted parking area and special parking area
    
4. The National Assembly hereby designates the area to which this Order applies as—

Modification and application of Part II of the 1991 Act
    
5. Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act apply in relation to the parking area and as so applied have effect subject to the modifications specified in Schedule 1 to this Order.

Modification of the 1984 Act
    
6. The 1984 Act is modified in relation to the parking area as specified in Schedule 2 to this Order.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[
5].


D. Elis-Thomas
The Presiding Officer of the National Assembly

4 July 2006



SCHEDULE 1
Article 5


MODIFICATIONS OF PROVISIONS OF PART II OF THE ROAD TRAFFIC ACT 1991 APPLIED IN RELATION TO THE PARKING AREA


     1. —(1) Section 66 is modified as follows.

    (2) In subsection (1) the words "in a designated parking place" are omitted.

    (3) Subsection (2) is omitted.

    (4) In subsection (3)—

    (5) Subsection (4) is omitted.

    (6) In subsection (5) for paragraph (b) there is substituted—

     2. —(1) Section 69 is modified as follows.

    (2) For subsection (1) there is substituted—

    (3) For subsection (8) there is substituted—

     3. —(1) Section 71 is modified as follows.

    (2) In subsection (1) for the words "a London authority" there is substituted "the parking authority".

    (3) For subsection (4) there is substituted—

     4. —(1) Section 73 is modified as follows.

    (2) For subsections (1) to (3) there is substituted—

    (3) In subsection (5) for the words "the appointing authorities" there is substituted "the parking authority".

    (4) Subsections (8) to (10) are omitted.

    (5) In subsection (11) for the words "The Secretary of State" there is substituted " The National Assembly for Wales".

    (6) After subsection (12) the following subsection is inserted—

    (7) In subsection (18) for the words "the Secretary of State" there is substituted "the National Assembly for Wales".

     5. For section 74 there is substituted the following—

     6. —(1) Section 78 is modified as follows.

    (2) After subsection (7) the following subsection is inserted:

     7. —(1) Section 82 is modified as follows.

    (2) For subsection (1) there is substituted—

    (3) Subsections (1A), (1B) and (1C) are omitted.

    (4) In subsection (5) for the words "the London authority concerned" there is substituted "the parking authority".

    (5) In subsection (6) the words "on a Minister of the Crown" are omitted.

    (6) In subsection (7) the words "by the Lord Chancellor" are inserted after the words "Any statutory instrument made".

     8. —(1) Schedule 6 is modified as follows.

    (2) In paragraph 1(1) for the words "the London authority concerned" there is substituted "the parking authority".

    (3) In paragraph 1(3) for the words "The Secretary of State" there is substituted "The National Assembly for Wales".

    (4) In paragraph 2—

    (5) In paragraph 3 for the words "the London authority concerned" in both places where they occur there is substituted "the parking authority".

    (6) In paragraph 4 for the words "the London authority concerned" and for the words "the authority" there is substituted "the parking authority".

    (7) In paragraph 5—

    (8) In paragraph 6—

    (9) In paragraph 7 for the words "the authority concerned" there is substituted "the parking authority".

    (10) In paragraph 8—



SCHEDULE 2
Article 6


MODIFICATIONS OF THE ROAD TRAFFIC REGULATION ACT 1984


     1. —(1) Section 46 is modified as follows.

    (2) Subsection (1) is omitted.

    (3) In subsection (1A) for "Greater London" there is substituted "the parking area".

     2. —(1) Section 55 is amended as follows.

    (2) For subsection (1) there is substituted—

    (3) Subsections (3A) and (3B) are omitted.

     3. In section 63A(4)—

     4. —(1) Section 101 is modified as follows.

    (2) Subsection (4) is omitted.

    (3) In subsection (4A) for the words "Greater London" there is substituted "the parking area".

    (4) Subsection (5) is omitted.

    (5) In subsection (5A) for the words "Greater London" there is substituted "the parking area".

     5. —(1) Section 102 is modified as follows.

    (2) For subsection (1) there is substituted—

    (3) Subsection (2) is omitted.

    (4) For subsection (4) there is substituted—

    (5) Subsection (7) is omitted.

    (6) In subsection (8) the definition of "appropriate authority" is omitted.

     6. In section 142(1) before the definition of "parking device" there is inserted—



EXPLANATORY NOTE

(This note is not part of the Order)


Schedule 3 of the Road Traffic Act 1991 makes provision for the designation of permitted parking areas and special parking areas. Paragraph 1(1) gives the National Assembly for Wales ("the National Assembly") the power to designate the whole or any part of the area of a county council or county borough council in Wales as a permitted parking area following an application for an order under the sub-paragraph. Paragraph 2(1) gives a similar power in relation to special parking areas.

This Order is made following an application by Conwy County Borough Council ("the local authority") under paragraphs 1(1) and 2(1) above and statutory consultation with the Chief Constable of North Wales Police and the Council on Tribunals.

The effect of this Order is to designate as a permitted parking area and a special parking area the whole of the county borough of Conwy except the entire length of the A55, including its on and off slip roads ("the Order Area"). Under the Order, most non-endorsable on-street parking offences within the Order Area are decriminalised. Enforcement ceases to be the responsibility of the Police and becomes the responsibility of the local authority. Parking attendants employed by the local authority (or employed as parking attendants by a person with whom the local authority has made arrangements) are given the power to place penalty charge notices on vehicles contravening parking regulations and may, in appropriate cases, authorise the towing away or immobilisation of vehicles.

By virtue of the Order, penalty charges in the Order Area are to be set by the local authority having regard to guidance given by the National Assembly. They are recoverable by the local authority as civil debts. Provision is made for the making of representations to the local authority in the event of the imposition of a penalty charge or the towing away or immobilisation of a vehicle in a designated parking place. Adjudication in the event of disputes is to be dealt with by a joint committee set up in pursuance of arrangements entered into under section 101(5) of the Local Government Act 1972.


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) by the Local Government (Wales) Act 1994 (c.19), Schedule 7, paragraph 43 and the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 171.back

[2] 1992 c.53.back

[3] The powers were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back

[4] 1984 c.27. Section 32(4) (a) was amended, and 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).back

[5] 1998 c.38back

[6] 1972 c. 70back

[7] S.I. 2006/1791 (W.187)back

[8] 1988 c.53.back



Cymraeg (Welsh)



ISBN 0 11 091382 5


 © Crown copyright 2006

Prepared 12 July 2006


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URL: http://www.bailii.org/wales/legis/num_reg/2006/20061791e.html