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Responsible Parking (Scotland) Bill (HC Bill 30)

A

BILL

TO

Amend Schedule 5 of the Scotland Act 1998 to exclude from the reservations
certain provisions relating to parking; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Obstructive parking

In section E1 of Schedule 5 to the Scotland Act 1998 (Road transport) after
“Exceptions” insert—

  • “The subject matter of sections 19 to 22 (Stopping on verges, etc, or
    5in dangerous positions, etc.) of the Road Traffic Act 1988;

  • The subject-matter of section 41(5) (Regulation of construction,
    weight, equipment and use of vehicles) of the Road Traffic Act
    1988 in so far as it relates to the making of regulations making it
    an offence to cause or permit a vehicle to stand on the road so as
    10to cause any unnecessary obstruction of the road.”

2 Offences under Road Traffic Offenders Act 1988

After section 51 of the Road Traffic Offenders Act 1988 (Fixed penalty offences)
insert new section 51A—

“51A Offences under Road Traffic Act 1988

(1) 15Any offence in respect of a vehicle under regulations made by Scottish
Ministers under section 41(5) (Regulation of construction, weight,
equipment and use of vehicles) of the Road Traffic Act 1988 is a fixed
penalty offence for the purposes of this Part of this Act if it is specified
as such in those regulations, but subject to subsection (2) below.

(2) 20An offence under an enactment so specified is not a fixed penalty
offence for those purposes if it is committed by causing or permitting a
vehicle to be used by another person in contravention of any provision
made or restriction or prohibition imposed by or under any
enactment.”

Responsible Parking (Scotland) BillPage 2

3 Short title and commencement

(1) This Act may be cited as the Responsible Parking (Scotland) Act 2014.

(2) This Act comes into force on the day on which the Act is passed.