Joint Committee on Statutory Instruments Forty-Eighth Report


  7. The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted.

  Regulation 2(1) prescribes certain functions of parking attendants for the purposes of section 63A(4) of the Road Traffic Regulation Act 1984. The Committee asked the Scottish Office what provision, in the absence of the addition after "for the purposes of section 63A(4) of the 1984 Act" of words such as "in its application to the Edinburgh Parking Area", restricts regulation 2(1)'s operation to that area. The Department say in the memorandum printed in Appendix VI that section 63A(4) can in the circumstances only apply to the Edinburgh Parking Area. This section originally provided powers which could only be applied to Greater London: it was modified by the Road Traffic (Permitted Parking Area and Special Parking Areas) (City of Edinburgh) Designation Order 1998 (S.I. 1998/1539) to provide similar powers in respect of the Edinburgh Parking Area. They therefore consider that regulation 2(1) can only apply to the Edinburgh Parking Area, as footnote (a) and the title and Explanatory Note make clear. However, section 63A(4) on its face only legislates for Greater London; it only becomes applicable to the Edinburgh Parking Area by being applied to that Area by other legislation. Regulation 2(1) should, therefore, have made it clear that the specified functions were being prescribed for the purposes of section 63A(4) in its application to that Area. The Committee notes that the Department is willing to include such words of limitation in future such regulations. The Committee reports regulation 2(1) for defective drafting.

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