Office of Public Sector Information
Article 6
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—
“(1) A local authority must keep an account of—
(a) their income and expenditure in respect of designated parking places for which they are the local authority and which are in the permitted parking area; and
(b) 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 must forward to the Welsh Ministers a copy of the account for that year.”.
(3) Subsections (3A) and (3B) are omitted.
3. In section 63A(4)—
(a) for the words “in Greater London” there is substituted “in the parking area”; and
(b) for the words “Greater London Authority” there is substituted “Welsh Ministers”.
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—
“(1) If a vehicle is removed from the parking area in circumstances in which an offence would have been committed but for the provisions of paragraph 1(4) or 2(4) of Schedule 3 to the Road Traffic Act 1991, the local authority shall be entitled to recover from any person responsible, such charges in respect of the removal, storage and disposal of the vehicle, as they may require.”.
(3) Subsection (2) is omitted.
(4) For subsection (4) there is substituted—
“(4) Without prejudice to subsection (3) above, where by virtue of subsection (1) above any sum is recoverable in respect of a vehicle by a local authority in whose custody the vehicle is, the local authority shall be entitled to retain custody of it until that sum has been paid.”.
(5) Subsection (7) is omitted.
(6) In subsection (8) the definition of “appropriate authority” is omitted.
(7) Subsection (9) is omitted.
6. In section 142(1) before the definition of “parking device” there is inserted—
““parking area” means the area designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (County Borough of Wrexham) Order 2008 and “permitted parking area” and “special parking area” are to be read accordingly;”.
(This note is not part of the Order)
Schedule 3 to the Road Traffic Act 1991 makes provision for the designation of permitted parking areas and special parking areas. Paragraph 1(1) gives the Welsh Ministers 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 by the local authority. Paragraph 2(1) gives a similar power in relation to special parking areas.
This Order is made following an application by the Council of the County Borough of Wrexham (“the local authority”) 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 Wrexham except the entire length of the A483 within the county borough, including its on and off slip roads, and except also the A5 from its junction with the A483 in a southerly direction to the county boundary with Shropshire and the A5 from its junction with the A483 in a westerly direction to its junction with the B5070 (“the parking area”). Once the Order is in force, 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 parking area are to be set by the local authority having regard to guidance given by the Welsh Ministers. 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. Adjudication in the event of disputes is to be dealt with by parking adjudicators appointed by a joint committee set up in pursuance of arrangements entered into under section 101(5) of the Local Government Act 1972.
The Road Traffic (Permitted Parking Area and Special Parking Area) (County Borough of Wrexham) Order 2008