The Control of Off-Street Parking (England and Wales) Order 1978
UK Statutory Instrument 1978 No. 1535 — creates 3 criminal offences.
- Made
- 24 October 1978
- In force from
- 1 December 1978
- Extent
- Not stated
- Subject
- Road traffic and vehicles
- Made under
- Her by section 11 of the Transport Act 1978
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
This Order applies, with appropriate modifications, the provisions of section 36 of, and Schedule 5 to, the Transport (London) Act 1969 (c. 35) to England (outside Greater London) and to Wales. These provisions deal with the control of public off-street parking. The text of the Order follows closely the wording of the 1969 Act but incorporates the changes required or permitted by section 11 of the Transport Act 1978. Articles 3 and 4 of the Order enable county councils in England and Wales by regulations to designate controlled areas in which under Article 5 the provision of public off-street parking places will require a licence from the relevant district council. The procedure for such designation is set out in Part I of the Schedule. Articles 6 and 7 provide for permanent or limited licences and for the terms and conditions of licences. Inspection of parking places is provided for in Article 8. Local authorities are required by Article 9 to give reasons for their decisions. Article 10 and Part II of the Schedule deal with the transfer, surrender, variation and revocation of licences. Provision for appeals against decisions with respect to licences and for compensation in certain cases is made in Articles 11 and 13 and in Parts III and IV of the Schedule. Contravention by the holder of a licence of its terms and conditions is an offence (Article 12) as also is the operation of a public off-street parking place without a licence (Article 14). County councils and local authorities are required by Article 15 to apply the principles of the control to their own public off-street parking places situated in a controlled area. Article 16 gives the Secretary of State power to suspend the control in an emergency. Part V of the Schedule provides for permissible periods of unlicensed operation of public off-street parking places in certain cases.
Offences created by this instrument
- Contravention of terms or conditions of licence by the holder—penalties article 12 · Status not determined · Strict liability
- Operation of parking place without a licence—penalties article 14 · Status not determined · Strict liability
- Inspection of parking places and production of records article 8 · Status not determined · Strict liability
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 1978