Royal Parks Regulations 2010 etc - Statutory Instruments Joint Committee Contents

Appendix 1

1 Draft S.I: memorandum from the Department for Culture, Media and Sport

Royal Parks and Other Open Spaces (Amendment) etc. Regulations 2010 (Draft S.I.)

1.  This memorandum is in response to the Committee's request dated 10 March 2010.

2.  The Committee has asked:

"(1)  Are the exemptions in article 7 intended to apply only to charges payable under regulation 5 and, if so, why is this not made clear?

(2)  Given that regulation 5 does not specify when a parking charge is payable, how is it intended to be established that a contravention of that regulation has occurred (see regulation 8(2))?"

The Department's response is as follows.

3.  The exemptions in regulation 7 apply only to charges payable under regulation 5. This is not expressly stated as we understand it to be clear from the structure of the Regulations. Regulation 1 deals with matters of commencement, citation and interpretation. Regulations 2, 3 and 4 amend existing legislation relating to the Royal Parks[1] whereas regulations 5 to 8 are stand-alone provisions which are independent of, and make no amendment to, existing Regulations. Regulation 5 provides for the introduction of parking charges in Bushy Park and Richmond Park, regulation 6 provides for an excess charge scheme in relation to those charges and regulation 7 provides for exemptions to the charges in regulation 5.

4.  Therefore the Department did not consider it necessary to state that regulation 7 applies only to the charges payable under regulation 5 and thought it preferable to use fewer words where possible. It does not consider that any ambiguity arises from the references to parking charges in regulation 7, which must refer to the only charges imposed by another free-standing provision, namely regulation 5.

5.  In response to the Committee's second question, regulation 5 provides that a parking charge is payable in respect of a vehicle parked in a parking place during the specified period. In the Department's view it is implicit in the wording of paragraph (1) of regulation 5 that the obligation on a driver of a vehicle to pay the parking charge is triggered by the act of parking a vehicle in a parking place in Bushy or Richmond Park and that the charge becomes due and payable at that time. The payment for the intended duration of the car's stay in the parking place must be made forthwith once the car is parked; and any additional payment must be made forthwith if the car remains parked after the initial paid period expires. The administrative arrangements for operation of the scheme, including the various means by which the charge can be paid, will be described in a notice exhibited by or on behalf of the Secretary of State at the relevant car park, as described in regulation 5(5).

6.  In the Department's view the reference to a sum "not ... duly paid" in regulation 8(2) is a reference to a sum not paid as described above. A motorist who left a vehicle in a parking place without paying in a manner described in the Secretary of State's notice would have failed to have "duly paid" the charge. Although there would be some leeway in practice in respect of minor and reasonable delays (e.g. the time taken to read the notice and make any necessary arrangements (including driving away if the person concerned is unable or unwilling to comply with the notice)), leaving the car parked without making payment would render the motorist liable to enforcement action under the Regulations.

Department for Culture, Media and Sport

15 March 2010

1   The Royal Parks and Other Open Spaces Regulations 1997 (S.I. 1997/1639), the Greenwich Park (Vehicle Parking) Regulations 2000 (S.I. 2000/934) and the Hyde Park and The Regent's Park (Vehicle Parking) Regulations 1995 (S.I. 1995/993) respectively.  Back

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