The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (Borough of Maidstone) (Amendment) Order 1999

Amendment of paragraph 5 of Schedule 3

3.  For paragraph 5 of Schedule 3 there shall be substituted–

“5.—(1) Section 73 shall be modified as follows.

(2) In subsection (3) paragraphs (b) and (c) shall be omitted.

(3) The following subsections shall be inserted after subsection (3)–

“(3A) A parking adjudicator appointed under subsection (3) of this section is authorised until 4th July 1999 to act as a parking adjudicator in relation to the permitted parking area and the special parking area.

(3B) The parking authorities–

(a)shall provide or enter into arrangements for the provision of accommodation and administrative staff for parking adjudicators acting in relation to either of those areas by virtue of subsection (3A) above;

(b)may enter into arrangements with the Joint Committee appointed under subsection (1) above for the remuneration of such parking adjudicators; and

(c)shall determine the places where they are to sit.

(3C) Any accommodation provided under subsection (3B)(a) above is to be treated as including the principal office of the adjudicator acting in relation to the permitted parking area or the special parking area.

(3D) The functions conferred on the parking authorities by the following provisions of this section shall be discharged by them jointly, in pursuance of arrangements entered into by them and for the time being in force pursuant to section 101(5) of the Local Government Act 1972(1), with two or more other authorities (being county or district councils in England or county or county borough councils in Wales) in whose areas permitted parking areas or special parking areas have been designated under Schedule 3 to this Act, and by means of a joint committee of the parking authorities and those other authorities.

(3E) References in this section to “the constituent authorities” are to the authorities which are for the time being constituent authorities of the joint committee referred to in subsection (3D) above.

(3F) The parking authorities shall–

(a)with the consent of the Lord Chancellor appoint persons to act as parking adjudicators for the purposes of this Act (as well as those authorised under subsection (3A) above) in relation to the special parking area and the permitted parking area;

(b)provide or secure the provision of accommodation and administrative staff for parking adjudicators so appointed; and

(c)determine the places at which such parking adjudicators are to sit.”

(4) In subsection (5) after the words “the London authorities” there shall be inserted “or, as the case may be, the parking authorities”.

(5) After subsection (12) there shall be inserted the following subsection–

“(12A) Any regulations made under subsection (11) with regard to parking adjudicators acting in relation to London shall apply, with necessary modifications, to the procedure to be followed in relation to proceedings before parking adjudicators who are acting in relation to the special parking area or the permitted parking area under authority conferred by subsection (3A) of this section.”

(6) In subsection (17) after the words “parking adjudicator” there shall be inserted “appointed by that Committee”.

(7) In subsection (18) after the words “the parking adjudicators” there shall be inserted “appointed by that Committee”.

(8) After subsection (18) there shall be inserted the following subsections–

“(19) In accordance with such requirements as may be imposed by the constituent authorities, each parking adjudicator appointed by those authorities shall make an annual report to them on the discharge of his functions.

(20) The constituent authorities shall make and publish an annual report in writing to the Secretary of State on the discharge by the parking adjudicators appointed by them of their functions.””