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      SCOTTISH STATUTORY INSTRUMENTS

      2002 No. 399

      ROAD TRAFFIC

      The Parking Attendants (Wearing of Uniforms) (Perth and Kinross Council Parking Area) Regulations 2002

        Made 2nd September 2002 
        Laid before the Scottish Parliament 3rd September 2002 
        Coming into force 1st October 2002 

      The Scottish Ministers, in exercise of the powers conferred by section 63A of the Road Traffic Regulation Act 1984[1], and of all other powers enabling them in that behalf, and after consultation with representative organisations in accordance with section 134(2) of that Act, hereby make the following Regulations:

      Citation, commencement and interpretation
           1.  - (1) These Regulations may be cited as the Parking Attendants (Wearing of Uniforms) (Perth and Kinross Council Parking Area) Regulations 2002 and shall come into force on 1st October 2002.

          (2) In these Regulations-

        "the 1984 Act" means the Road Traffic Regulation Act 1984;

        "the 1991 Act" means the Road Traffic Act 1991[2]; and

        "Perth and Kinross Parking Area" means the area designated as a permitted parking area and a special parking area by article 3 of The Road Traffic (Permitted Parking Area and Special Parking Area) (Perth and Kinross Council) Designation Order 2002[3].

      Prescribed functions
           2.  - (1) All functions conferred on parking attendants by or under the enactments mentioned in paragraph (2) are prescribed for the purposes of section 63A(4) of the 1984 Act (wearing of uniforms by parking attendants when exercising prescribed functions) in its application to the Perth and Kinross Parking Area.

          (2) The enactments referred to in paragraph (1) are-

        (a) section 99 of the 1984 Act (removal of vehicles);

        (b) section 66(1) of the 1991 Act (issue of a penalty charge notice); and

        (c) section 69 of the 1991 Act (immobilisation of vehicles).


      LEWIS MACDONALD
      Authorised to sign by the Scottish Ministers

      St Andrew's House, Edinburgh
      2nd September 2002

      EXPLANATORY NOTE

      (This note is not part of the Regulations)

      These Regulations prescribe functions during the exercise of which, a parking attendant must wear such uniform as the Scottish Ministers may determine.

      The requirement to wear a uniform is contained in section 63A(4) of the Road Traffic Regulation Act 1984. Section 63A itself applies to Greater London only but by virtue of the Road Traffic (Permitted Parking Area and Special Parking Area) (Perth and Kinross Council) Designation Order 2002 that section is modified so as to apply to the parking area designated by that Order. Accordingly parking attendants exercising the prescribed functions within that area are required to wear a uniform when doing so.

       [1] 1984 c.27; section 63A was inserted by the Road Traffic Act 1991 (c.40), section 44 and was modified in relation to the Perth and Kinross Parking Area by S.S.I. 2002/398; section 142(1) of the Road Traffic Regulation Act 1984 contains a definition of "prescribed" relevant to the making of these Regulations. The function of the Secretary of State transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back

      [2] 1991 c.40.back

      [3] S.S.I. 2002/398.back


      ISBN 0 11061601 4


 



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