PARKING ATTENDANTS (WEARING OF UNIFORMS) (EDINBURGH PARKING AREA) REGULATIONS 1998 (S.I. 1998/2020)
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