Part XE+W+S General and Supplementary Provisions

142 General interpretation of Act.E+W+S

(1)In this Act, except where the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—

• “bridge authority” means the authority or person responsible for the maintenance of a bridge;

• “bridleway” means a way over which the public have the following, but no other, rights of way, that is to say, a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along the way;

• [F1“credit card” and “debit card” have the meanings given by section 35A(6) of this Act;]

• “designation order” means an order under section 45 of this Act (including any order so made by virtue of section 50(1) of this Act) and “designated parking place” means a parking place designated by a designation order;

• “disabled person’s badge” means any badge issued, or having effect as if issued, under any regulations for the time being in force under section 21 of the M1Chronically Sick and Disabled Persons Act 1970;

• “disabled person’s vehicle” means a vehicle lawfully displaying a disabled person’s badge;

• “driver”, where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and “drive” and “driving” shall be construed accordingly;

• “excess charge” has the meaning assigned to it by section 46(1) of this Act;

• “experimental traffic order” has the meaning assigned to it by section 9(1) of this Act;

• except in section 71(2) of this Act, “footpath” means a way over which the public has a right of way on foot only;

• “highway authority”—

  (a)

  for the purposes of the application of this Act to England and Wales, means the Secretary of State in relation to a trunk road and, in relation to a road other than a trunk road, means . . . F2 the authority being either the council of a county, [F3metropolitan district or London borough or the Common Council of the City of London] which is responsible for the maintenance of the road, . . . F4

  (b)

  . . . F4

• “initial charge” has the meaning assigned to it by section 46(1) of this Act;

• [F5 “local highway authority” means a regional or islands council;]

• [F5“local roads authority” has the same meaning as in the M2Roads (Scotland) Act 1984;]

• “magistrates’ court” and “petty sessions area” have the same meanings as in the M3Magistrates’ Courts Act 1980;

• “the Ministers” means the Secretaries of State charged with general responsibility under this Act in relation to England, Wales and Scotland respectively;

• subject to section 111(3) and (4) of, and paragraph 11(2) and (3) of Schedule 12 to, this Act, “owner”, in relation to a vehicle which is subject to a hiring agreement or hire-purchase agreement, means the person in possession of the vehicle under that agreement;

• “parking device” has the meaning assigned to it by [F6section 35(3B) or, as the case may be,] section 51(4) of this Act;

• “parking meter” has the meaning assigned to it by section 46(2)(a) of this Act;

• “prescribed” means prescribed by regulations made by the Secretary of State;

• [F7“public road” has the same meaning as in the Roads (Scotland) Act 1984;]

• “public service vehicle” [F8has the same meaning] as in the M4Public Passenger Vehicles Act 1981;

• [F9 “road” means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes;]

• [F9“road” and “roads authority” have the same meanings as in the Roads (Scotland) Act 1984;]

• “special road” means a road provided or to be provided in pursuance of a scheme under section 1 of the M5Special Roads Act 1949, section 11 of the M6Highways Act 1959 [F10or] section 16 of the M7Highways’ Act 1980 [F11or section 7 of the Roads (Scotland) Act 1984,] or a road to which, by virtue of paragraph 3 of Schedule 23 to the Highways Act 1980, certain provisions of that Act apply as if it were a special road provided in pursuance of a scheme made under section 16 of that Act, and includes any part of a special road;

• “statutory”, in relation to any prohibition, restriction, requirement or provision, means contained in, or having effect under, any enactment (including any enactment contained in this Act);

• “street parking place” and “off-street parking place” refer respectively to parking places on land which does, and on land which does not, form part of a road;

• “traffic sign” has the meaning assigned to it by section 64(1) of this Act; and

• “traffic regulation order” has the meaning assigned to it by section 1 of this Act.

(2)Any reference in this Act to a tricycle shall be construed as including a reference to a cycle which is not a motor vehicle and has 4 or more wheels.

(3)References in this Act to a class of vehicles or traffic (other than the references in section 17) shall be construed as references to a class defined or described by reference to any characteristics of the vehicles or traffic or to any other circumstances whatsoever.