Parking Act 1989
Section 35 of the Road Traffic Regulation Act 1984 (provisions as to use of parking places provided by local authorities under section 32 or 33 of that Act) shall be amended as follows.
At the end of subsection (1) (power to make orders) there shall be inserted “and the power under paragraph (iii) to make provision as to the payment of charges shall include power to make provision requiring those charges, or any part of them, to be paid by means of the hire or purchase in advance, or the use, of parking devices in accordance with the order.”
After subsection (3) there shall be inserted the following subsections—.
Subsections (4) to (7) shall cease to have effect.
The amendments in the said section 35 made by this section shall not affect the validity of orders under subsection (1) of that section made before the commencement of this section.
The following section shall be inserted after section 35—
The following section shall be inserted after the section 35A inserted by section 2 above—
The enactments mentioned in the Schedule to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on sections 1 and 2 of this Act and related amendments.
This Act may be cited as the Parking Act 1989.
This Act shall come into force on such day as the Secretary of State appoints by order made by statutory instrument.
This Act does not extend to Northern Ireland.
Section 4.
In section 38(1) of the Road Traffic Regulation Act 1984 (provision by local authority of parking place for public service vehicles), in paragraph (b), for “35(7)” there shall be substituted “35A(5)”.
In section 46 of the Road Traffic Regulation Act 1984 (charges at, and regulation of, designated parking places)—
in subsection (2), for paragraph (c) there shall be substituted—; and
after subsection (4) there shall be inserted the following subsection—
In section 47 of the Road Traffic Regulation Act 1984 (offences relating to designated parking places)—
in subsection (3), for the words “of the appropriate denomination” there shall be substituted “or bank notes of the appropriate denomination, or the appropriate credit or debit cards”; and
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In section 51 of the Road Traffic Regulation Act 1984 (parking devices for parking places designated by local authority)—
in subsection (2)(e), after the word “evidence” there shall be inserted “(and, in Scotland, as sufficient evidence)”;
in subsection (3), after the word “coins” there shall be inserted the words “or bank notes”, and after the word “charge” there shall be inserted “or to the insertion or re-insertion in a parking meter of a credit or debit card additional to the original insertion of such a card”;
in subsection (4)—
for the words “In this Act “parking device” means” there shall be substituted “In this section and in section 52 below “parking device” means either”,
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in paragraph (b), after the word “whether” there shall be inserted “or not”, and
or or any other device of any such description as may from time to time be prescribed for the purposes of this section and section 52 below by order made by the Secretary of State, and of such type or design as may be approved by the Secretary of State either generally or specially.
after subsection (4) there shall be inserted the following subsections—; and
in subsection (5), after the word “may” there shall be inserted “for the purposes of this section”.
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In section 112 of the Road Traffic Regulation Act 1984 (information as to identity of driver or rider)—
in subsection (1), in paragraph (c), for “35(7)” there shall be substituted “35A(5)”; and
in subsection (2), in paragraph (a)(ii), for “35(4)” there shall be substituted “35A(1)”.
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In section 142 of the Road Traffic Regulation Act 1984 (general interpretation)—
“credit card” and “debit card” have the meanings given by section 35A(6) of this Act;
in the definition of “parking device”, after the word “by” there shall be inserted “section 35(3B) or, as the case may be,”.
In Schedule 10 to the Road Traffic Regulation Act 1984 (transitional provisions and savings), in paragraph 13, for the words “subsections (1) to (6) of section 35” there shall be substituted “subsections (1) to (3B) of section 35 or subsections (1) to (4) of section 35A”.
In section 4(3) of the Road Traffic Offenders Act 1988 (institution of proceedings by local authorities for offences committed in connection with parking places provided by them), for “35(4), (5) or (7)” there shall be substituted “35A(1), (2) or (5)”.
In Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences), in Part I—
in the entry for section 35(4) of the Road Traffic Regulation Act 1984, in Column 1, for “35(4)” there shall be substituted “35A(1)”;
in the entry for section 35(5) of that Act—
in Column 1, for “35(5)” there shall be substituted “35A(2)”, and
for the entry in Column 2 there shall be substituted “Misuse of apparatus for collecting charges or of parking device or connected apparatus”; and
in the entry for section 35(7) of that Act, in Column 1, for “35(7)” there shall be substituted “35A(5)”.
In Schedule 3 to the Road Traffic Offenders Act 1988 (fixed penalty offences), in the entry for section 35(4) of the Road Traffic Regulation Act 1984, in Column 1, for “35(4)” there shall be substituted “35A(1)”.
Section 4.
In section 38(1) of the Road Traffic Regulation Act 1984 (provision by local authority of parking place for public service vehicles), in paragraph (b), for “35(7)” there shall be substituted “35A(5)”.
In section 46 of the Road Traffic Regulation Act 1984 (charges at, and regulation of, designated parking places)—
in subsection (2), for paragraph (c) there shall be substituted—; and
after subsection (4) there shall be inserted the following subsection—
In section 47 of the Road Traffic Regulation Act 1984 (offences relating to designated parking places)—
in subsection (3), for the words “of the appropriate denomination” there shall be substituted “or bank notes of the appropriate denomination, or the appropriate credit or debit cards”; and
in subsection (5), after the word “coins” there shall be inserted “or bank notes or by means of credit or debit cards”.
In section 51 of the Road Traffic Regulation Act 1984 (parking devices for parking places designated by local authority)—
in subsection (2)(e), after the word “evidence” there shall be inserted “(and, in Scotland, as sufficient evidence)”;
in subsection (3), after the word “coins” there shall be inserted the words “or bank notes”, and after the word “charge” there shall be inserted “or to the insertion or re-insertion in a parking meter of a credit or debit card additional to the original insertion of such a card”;
in subsection (4)—
for the words “In this Act “parking device” means” there shall be substituted “In this section and in section 52 below “parking device” means either”,
after the words “Secretary of State” there shall be inserted “either generally or specially”,
in paragraph (b), after the word “whether” there shall be inserted “or not”, and
or any other device of any such description as may from time to time be prescribed for the purposes of this section and section 52 below by order made by the Secretary of State, and of such type or design as may be approved by the Secretary of State either generally or specially.
after subsection (4) there shall be inserted the following subsections—; and
in subsection (5), after the word “may” there shall be inserted “for the purposes of this section”.
In section 52(2) of the Road Traffic Regulation Act 1984 (application to parking devices and connected apparatus of section 47(5) of that Act)—
after the word “coins” there shall be inserted “or bank notes or by means of credit or debit cards”; and
for paragraph (b) there shall be substituted—.
In section 112 of the Road Traffic Regulation Act 1984 (information as to identity of driver or rider)—
in subsection (1), in paragraph (c), for “35(7)” there shall be substituted “35A(5)”; and
in subsection (2), in paragraph (a)(ii), for “35(4)” there shall be substituted “35A(1)”.
In section 115 of the Road Traffic Regulation Act 1984 (mishandling of parking documents and related offences), after subsection (2) there shall be inserted the following subsection—
In section 142 of the Road Traffic Regulation Act 1984 (general interpretation)—
“credit card” and “debit card” have the meanings given by section 35A(6) of this Act;
in the definition of “parking device”, after the word “by” there shall be inserted “section 35(3B) or, as the case may be,”.
In Schedule 10 to the Road Traffic Regulation Act 1984 (transitional provisions and savings), in paragraph 13, for the words “subsections (1) to (6) of section 35” there shall be substituted “subsections (1) to (3B) of section 35 or subsections (1) to (4) of section 35A”.
In section 4(3) of the Road Traffic Offenders Act 1988 (institution of proceedings by local authorities for offences committed in connection with parking places provided by them), for “35(4), (5) or (7)” there shall be substituted “35A(1), (2) or (5)”.
In Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences), in Part I—
in the entry for section 35(4) of the Road Traffic Regulation Act 1984, in Column 1, for “35(4)” there shall be substituted “35A(1)”;
in the entry for section 35(5) of that Act—
in Column 1, for “35(5)” there shall be substituted “35A(2)”, and
for the entry in Column 2 there shall be substituted “Misuse of apparatus for collecting charges or of parking device or connected apparatus”; and
in the entry for section 35(7) of that Act, in Column 1, for “35(7)” there shall be substituted “35A(5)”.
In Schedule 3 to the Road Traffic Offenders Act 1988 (fixed penalty offences), in the entry for section 35(4) of the Road Traffic Regulation Act 1984, in Column 1, for “35(4)” there shall be substituted “35A(1)”.