The Control of Off-Street Parking (England and Wales) Order 1978

Citation and commencement

1.  This Order may be cited as the Control of Off-Street Parking (England and Wales) Order 1978, and shall come into operation on 1st December 1978.

Interpretation

2.—(1) In this Order, unless the context otherwise requires—

“the Act of 1967” means the Road Traffic Regulation Act 1967;

“controlled area” means an area in a county in England or Wales where the provision of off-street parking is controlled in accordance with the provisions of this Order;

“the county council”, in relation to a controlled area or an area proposed to be designated as a controlled area, means the council of the county in which the controlled area or area proposed to be so designated, as the case may be, is situated;

“licence” means a licence under this Order;

“local authority”, in relation to a parking place in a controlled area, means the council of the district where the parking place is situated;

“long-term parking” and “short-term parking” mean parking for a continuous period exceeding, or, as the case may be, not exceeding, four hours or such longer period as may be prescribed;

“public off-street parking place” means a place, whether above or below ground and whether or not consisting of or including buildings, where parking space for motor vehicles off the highway is made available by any person to the public for payment; and references to operating, or to the operator of, such a parking place shall be construed as references to making, or as the case may be to the person making, such parking space at the parking place so available;

“prescribed” means prescribed by regulations;

“regulations” means regulations made by a county council under this Order;

“urban road” means a road which—

(2) Any reference in this Order to an enactment is a reference to that enactment as amended by any subsequent enactment.

(3) The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

Designation of controlled areas

3.—(1) The provisions of this Order shall have effect for enabling the council of any county in England (outside Greater London) or in Wales by regulations to designate (subject to paragraph (2) below) any area within the county as a controlled area for the purposes of this Order and the provisions of this Order shall apply to any area so designated.

(2) No area may be designated as a controlled area unless it comprises only premises to which there is no road access otherwise than (directly or indirectly) from one or more urban roads.

Regulations of county council for prescribing the nature and extent of the control

4.—(1) Regulations designating any area within a county as a controlled area may—

(a)include provision—

(i)as to the maximum number of parking spaces to be made available at licensed parking places for all, or for any respectively, of the descriptions of parking referred to in Article 7(b) of this Order in, or in any specified part of, any controlled area comprised within the area of a particular local authority,

(ii)requiring that, in the case of licensed parking places in a particular controlled area or part of a controlled area, all or any of the matters referred to in Article 7(c) of this Order shall or as the case may be shall not be the subject of conditions specified in the licence;

(iii)regulating the conditions which may be imposed with respect to any of the matters aforesaid;

(b)prescribe forms to be used in the county for the purpose of this Order and any other matters which under this Order are to be prescribed as respects the county;

(c)include such supplementary, incidental and consequential provision as appears to the county council to be necessary for the purposes of this Order in relation to the county; and

(d)make different provision as respects like matters in different circumstances;

and the power to make such regulations shall include power to vary or revoke them.

(2) The provisions of Part I of the Schedule to this Order shall apply to the making of regulations for designating an area as a controlled area or for varying or revoking any such regulations previously made.

(3) Every local authority whose area comprises the whole or any part of a controlled area, or in whose area the whole or a part of a controlled area lies, shall exercise their functions under Articles 6 and 7 of this Order as respects the controlled area or the part thereof, as the case may be, in conformity with any regulations of the county council for the time being in force by virtue of this Article.

Requirement for licence

5.  Subject to Article 16 of this Order, in a controlled area no person other than the county council or a local authority shall operate a public off-street parking place of a prescribed description except under and in accordance with the terms and conditions of a licence granted to that person by the local authority.

Permanent or limited licences

6.  An applicant for a licence in respect of any premises may apply either for a permanent licence or for a licence for such limited period not exceeding five years as the applicant may specify, and any application to the local authority for a licence shall be accompanied by the prescribed fee appropriate to the type of licence applied for towards the administrative expenses of the local authority under this Order; and, subject to Article 4 of this Order, on any such application the local authority may at their discretion either grant the applicant a licence of the type applied for or refuse the application.

Terms and conditions of licences

7.  Subject to Article 4 of this Order, every licence shall specify—

(a)the period of its duration, that is to say, whether it is a permanent licence or a licence for a limited period and, if for a limited period, the period for which it is granted;

(b)the maximum number of parking spaces to be provided at the licensed parking place for all, and, if the local authority think fit, for any respectively, of the following descriptions of parking, namely, short-term parking, long-term parking, casual parking and regular parking or any particular category of regular parking;

(c)any conditions in addition to those specified in Article 8 of this Order subject to which the licence is granted, being such conditions, if any, as the local authority may think fit with respect to all or any of the following matters, namely—

(i)the scale of charges, or the minimum charges, or the maximum and minimum charges, to be made for the use of parking spaces at the licensed parking place for all, or for any respectively, of the descriptions of parking referred to in paragraph (b) of this Article;

(ii)the proportion of parking spaces to be available respectively for casual parking and for, or for any specified category of, regular parking;

(iii)the times of opening and closing of the licensed parking place for the reception of vehicles;

(iv)the manner in which users of the licensed parking place are to be informed of the effect of the terms and conditions of the licence;

(v)the keeping by the operator of the licensed parking place as respects all, or as respects any respectively, of the descriptions of parking referred to in the said paragraph (b) of records showing for each day the number of vehicles using parking spaces at the licensed parking place and the sums received by way of charges for the use of those parking spaces.

Inspection of parking places and production of records

8.  It shall be a condition of every licence—

(a)that any person authorised in that behalf in writing by the local authority or by the county council may, subject to production if requested of his authority, at all reasonable hours enter upon and inspect the licensed parking place; and

(b)that the holder of the licence shall, on being given reasonable notice for the purpose by any such person, produce to that person and permit him to examine and make copies of, or take extracts from, any records required by virtue of Article 7(c)(v) of this Order to be kept in connection with the operation of that parking place;

but if any such person discloses to any other person otherwise than in the performance of his duty any information with regard to the operation of that parking place or to any trade secret obtained by him at that parking place or from any such examination, or if any member or officer of the local authority to whom any such information is disclosed by reason of his official position discloses that information to any other person otherwise than in the performance of his duty, that person or, as the case may be, that member or officer shall be liable on summary conviction to a fine not exceeding £100.

Decisions of local authority—statement of reasons

9.  Where the local authority decide in pursuance of Article 6 of this Order—

(a)to refuse an application for a licence; or

(b)to grant a licence subject to any conditions which they are not required by regulations under Article 4 of this Order to impose with respect to any of the matters referred to in Article 7 (c)(i) to (v) of this Order,

they shall inform the applicant in writing of the reasons for their decision at the same time as they inform him of that decision.

Transfer, surrender, variation and revocation of licences

10.  Where a licence has been granted—

(a)the local authority shall, if so requested by a successor in title to the business (so far as it consists of the operation of the licensed parking place) of the person to whom the licence was granted, transfer the licence to that successor in title, but a licence shall not otherwise be transferable;

(b)the holder of the licence may at any time surrender it by giving notice in writing for the purpose to the local authority which shall include a statement certifying either that the holder is the only person entitled to any interest in the licensed premises or that not less than twenty-one days before the date of the notice the holder has notified all other persons known to him to be so entitled of his intention to serve the notice;

(c)the local authority may at any time on the application or with the agreement of the holder of the licence vary any of the terms and conditions specified in the licence under Article 7(b) and (c) of this Order;

(d)in the case of a permanent licence, the local authority shall have the powers of revocation or variation of the licence conferred by Part II of the Schedule to this Order.

Appeals and compensation

11.  The provisions of Parts III and IV of the Schedule to this Order shall have effect with respect to appeals and compensation in connection with certain decisions of a local authority under this Order; and the local authority shall comply with the prescribed requirements as to the giving to an applicant for a licence of information as to the rights conferred by the said Parts III and IV; and every person who applies for or is the holder of a licence in respect of any premises shall give to any other person known to him to be entitled to any interest in those premises information as soon as may be—

(a)of the making of the application; and

(b)of any decision of the local authority relating to the premises of which he is, or is deemed under paragraph 14(2) of the said Schedule to have been, notified by the local authority; and

(c)of the bringing, and of the determination or abandonment, of any appeal from any such decision brought by that person under the said Part III.

Contravention of terms or conditions of licence by the holder—penalties

12.  Subject to Article 16 of this Order and to the provisions of Part V of the Schedule to this Order, any holder of a licence who contravenes or fails to comply with any of the terms and conditions of the licence and who does not show that the contravention or failure was due to an act or omission of a person not connected with the operation of the licensed parking place which the persons so connected could not reasonably have been expected to prevent shall be liable on summary conviction—

(a)in the case of a term imposed under Article 7(b) or a condition with respect to any of the matters referred to in Article 7 (c)(i), (ii), (iii) or (v) of this Order, to a fine not exceeding £100;

(b)in any other case to a fine not exceeding £50;

and on the conviction of the holder of a licence of an offence under this Article the court before whom he is convicted may, if on an application made for the purpose by the local authority the court is satisfied that it is proper so to do by reason of the extent to which, or the period over which, or the frequency with which, the holder of the licence has contravened or failed to comply with the terms and conditions of the licence or by reason of the wilfulness of the offence, make an order for the revocation of the licence.

Suspension or revocation or variation of licence pending an appeal

13.  Save as provided by Article 12 of this Order, or Part II of the Schedule to this Order, a licence shall not be revoked; and the revocation of a licence in pursuance of an order under that Article or the revocation or variation of a licence under the said Part II shall not take effect—

(a)before the expiration of the period for giving notice of appeal from the order or, as the case may be, notice of appeal under Part III of that Schedule from the local authority's decision to revoke or, as the case may be, vary the licence; or

(b)if such a notice of appeal is duly given, until the effectiveness or otherwise of the order or, as the case may be, the local authority's decision is finally determined in accordance with the relevant procedure.

Operation of parking place without a licence—penalties

14.  Subject to Article 16 of this Order and to the provisions of Part V of the Schedule to this Order, any person who, in contravention of Article 5 of this Order operates a public off-street parking place without holding a licence for the purpose shall be liable on summary conviction—

(a)to a fine not exceeding £200; or

(b)in the case of a second or subsequent conviction of an offence under this Article, to a fine not exceeding £400.

Application of principles of the control to the county council's and the local authority's own parking places

15.  The county council and the local authority for a controlled area shall have regard to any regulations for the time being in force under this Order when exercising in that area any of their respective functions under sections 28 to 32 of the Act of 1967; and where a public off-street parking place is provided in a controlled area by the county council or the local authority under the said section 28, any such regulations shall apply to the operation of that parking place with such modifications as may be prescribed for the purpose, being modifications appearing to the county council to be necessary to ensure that the parking place is operated by or on behalf of the county council or the local authority (as the case may be) with suitable provision as to the matters referred to in Article 7(b) and (c) (i) to (iv) of this Order in like manner as if it were being operated under a licence granted by the local authority.

Suspension of control in an emergency

16.—(1) Subject to the provisions of this Article, the Secretary of State may at any time, if it appears to him expedient so to do by reason of any emergency which appears to him to have arisen or to be likely to arise, by order in a statutory instrument which shall be laid before Parliament after being made, provide that this Article shall apply in relation to—

(a)some or all of the areas for the time being designated as controlled areas in one or more particular counties specified in the order, or

(b)such part or parts of any one or more of those areas as may be specified in the order, or

(c)all areas for the time being designated as controlled areas in all counties in England or Wales.

(2) During the period while any order under paragraph (1) of this Article is in force in relation to any controlled area or part thereof—

(a)any public off-street parking place in that area or part may be operated as if that area or part were not, or, as the case may be, were not comprised in, a controlled area; and

(b)nothing in Article 12 or 14 of this Order shall apply to anything done at any such parking place during that period.

(3) Except where the order will relate to all areas for the time being designated as controlled areas in all counties in England or Wales, the Secretary of State shall, before making an order under paragraph (1) of this Article, consult with the county council or councils concerned.

(4) The power of the Secretary of State to make an order under paragraph (1) of this Article shall include power, exerciseable in the same manner and subject to the same conditions, to vary or revoke any previous order under that paragraph.