The Non-Executive Bills Unit’s Explanatory Notes (see General Note: Explanatory Notes) say: ”
The Act will lead to all disabled street parking places becoming enforceable. The general approach of the Act is to impose a duty on local authorities, in particular circumstances, to exercise its power to make a particular kind of order under either section 45 (street parking places) or section 35 (off-street parking places) of the Road Traffic Regulation Act 1984 (the 1984 Act). The Act does not amend the 1984 Act itself in any way. These kinds of orders which the local authorities are to be required to make are already open to them under the 1984 Act. The powers under the 1984 Act are not affected; rather, this Act separately imposes a duty to exercise those powers in particular circumstances. Once the duty under this Act is triggered, the provision as to procedure and enforcement etc. is that applicable under the 1984 Act.”
The above was taken from Disabled Persons’ Parking Places (Scotland) Act 2009 asp 3 Legislation Annotations: Sample
