The Parking Attendants (Wearing of Uniforms) (South Ayrshire Council Parking Area) Regulations 2012

Made: 10th May 2012

Laid before the Scottish Parliament: 14th May 2012

Coming into force: 1st September 2012

In accordance with section 134(2) of that Act they have consulted with such representative organisations as they think fit.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Parking Attendants (Wearing of Uniforms) (South Ayrshire Council Parking Area) Regulations 2012 and come into force on 1stSeptember 2012.

• (2) In these Regulations—

• “the 1984 Act” means the Road Traffic Regulation Act 1984;

• “the 1991 Act” means the Road Traffic Act 1991[^f00002]; and

• “South Ayrshire council parking area” means the area designated as a permitted parking area and a special parking area by article3 of the Road Traffic (Permitted Parking Area and Special Parking Area) (South Ayrshire Council) Designation Order 2012.

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 section63A(4) of the 1984 Act (wearing of uniforms by parking attendants when exercising prescribed functions) in its application to the South Ayrshire council parking area.

• (2) The enactments referred to in paragraph(1) are—

• (a) section99 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).

Signed

KEITH BROWN — Authorised to sign by the Scottish Ministers — 10th May 2012

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations prescribe functions during the exercise of which, a parking attendant must wear such uniform as the Scottish Ministers may determine (regulation2).

The requirement to wear a uniform is contained in section63A(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) (South Ayrshire Council) Designation Order 2012 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 parking area are required to wear a uniform when doing so.

Footnotes

[^f00001]: 1984 c.27; section63A was inserted by the Road Traffic Act 1991 (c.40), section44 and is modified in relation to the South Ayrshire council parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (South Ayrshire Council) Designation Order 2012, S.S.I. 2012/140; section 142(1) contains a definition of “prescribed” relevant to the making of these Regulations. The functions of the Secretary of State, so far as they are exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

[^f00002]: 1991 c.40.