Joint Committee on Statutory Instruments Forty-Eighth Report


Memorandum by the Scottish Office


1.  This Memorandum is submitted to the Joint Committee on Statutory Instruments in response to their letter of 4th November 1998 in which they ask for an explanation of the following point arising in connection with the above Statutory Instrument.

2.  The Committee seeks an explanation as follows:—

    Regulation 2(1) prescribes certain functions of parking attendants for the purposes of section 63A(4) of the Road Traffic Regulation Act 1984. In the absence of the addition after "for the purposes of section 63A(4) of the 1984 Act" of some such words as "in its application to the Edinburgh Parking Area", please explain what provision of the Regulations restricts regulation 2(1)'s operation to that area.

3.  It is considered that section 63A(4) can in the circumstances apply only to the Edinburgh Parking Area.

4.  To explain the statement above, it is necessary to return to the original terms of section 63A(4) itself. As part of the parking regime for Greater London, section 63A(4) enables the Secretary of State to prescribe functions during the exercise of which parking attendants are required to wear uniform.

5.  The power to prescribe functions is available for the Edinburgh Parking Area by virtue of the modification of section 63A(4) in Part I of Schedule 3 to the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Edinburgh) Designation Order 1998 (S.I. 1998/1539).

6.  Accordingly, since section 63A(4) applied initially to Greater London only and requires to be applied to other areas by modification, it was considered that the provision was itself limited to the Edinburgh Parking Area and thus did not need to be restricted. The fact that section 63A(4) applied to the Edinburgh Parking Area was considered to be dealt with by the footnote reference (a) in the Regulations themselves and is made clear both by the title of the Regulations themselves and also by the Explanatory Note.

7.  Those responsible for drafting the order, however, would see no difficulty in the insertion of words along the lines of those suggested by the Committee in any future regulations dealing with the application of section 63A(4) to any other area if that would serve together with the information in the title to the Regulations and any Explanatory Note to make it clear to the reader the extent of that application.

6th November 1998

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