shetlandpeat Posted January 7, 2014 Report Share Posted January 7, 2014 .....there is a reason that the selling of cars on public land has been stopped, the answer is at the Town Hall. No, Peat. The answer most definitely isn't in any Town Hall, the answer is in a Court. No local authoriity decides and dictates what is or isn't "legal", however much they may have conned themselves and the general public in to believing they do. I have yet to hear of any case put forward, I look forward to that. Have you not an old banger you could get rid of? Quote Link to comment Share on other sites More sharing options...
Ghostrider Posted January 7, 2014 Report Share Posted January 7, 2014 I have yet to hear of any case put forward,.... Well, SIC Legal have never had a reputation for swiftness, so who knows what may be slowly slithering though their pipelines. I look forward to that. Ditto. It'll give me the chance to see if the LK bookies will take a wager on just how inappropriate and irrelevant your quote on this thread from an alleged "Act" is to the case. Have you not an old banger you could get rid of? Nope, I buy and kill bangers, I don't sell them. I just sell any serviceable bones and internal organs left after their annhilation - Lochside is not much cop for lining up random wheels, tyres, engines etc with price tags on. Quote Link to comment Share on other sites More sharing options...
JGHR Posted January 7, 2014 Report Share Posted January 7, 2014 No local authoriity decides and dictates what is or isn't "legal", however much they may have conned themselves and the general public in to believing they do. Are you sure about that?I always though that Sections 201 to 204 of the Local Government Scotland Act 1973 includes provision for the creation, confirmation, review and revocation of bye laws by local authorities in Scotland.But I might be wrong. Quote Link to comment Share on other sites More sharing options...
Ian_H Posted January 7, 2014 Report Share Posted January 7, 2014 ...... there is a reason that the selling of cars on public land has been stopped, the answer is at the Town Hall. Well no, the answer isn’t in the Town Hall; it is actually in national legislation. Try the Roads (Scotland) Act 1984. Section 97 of that act makes it an offence to sell, offer or expose for sale anything on a Principal Road, or within 15m of it. This applies only to unenclosed land, with exceptions to allow trading with a street traders/ market operators licence, or for selling newspapers. And the roads authority can grant consent (with conditions) to allow trading. Road classification is done by the Secretary of State; council staff tell me that Principal roads in Shetland are most of the A-class roads and includes Lochside. So shock, horror, it’s no the Councils fault, it is Scotland-wide. unlinkedstudent 1 Quote Link to comment Share on other sites More sharing options...
Ghostrider Posted January 7, 2014 Report Share Posted January 7, 2014 No local authoriity decides and dictates what is or isn't "legal", however much they may have conned themselves and the general public in to believing they do. Are you sure about that?I always though that Sections 201 to 204 of the Local Government Scotland Act 1973 includes provision for the creation, confirmation, review and revocation of bye laws by local authorities in Scotland.But I might be wrong. A local authority may have the power to create etc local byelaws, but a Court has the power to decide how such laws are interpreted, applied, and of their overall legality. Creating a law is one thing, deciding upon its legality and how it may legally be used and applied is something completely different. Quote Link to comment Share on other sites More sharing options...
shetlandpeat Posted January 7, 2014 Report Share Posted January 7, 2014 Ian, S.I.C. is the Highways Authority. They too can issue or not licenses for activities they see through the normal process via that act and via the Local Government Acts in force at the time via the licensing panels.You will get an answer from the Town Hall if you ask, I am sure. Quote Link to comment Share on other sites More sharing options...
shetlandpeat Posted January 7, 2014 Report Share Posted January 7, 2014 (edited) A local authority may have the power to create etc local byelaws, but a Court has the power to decide how such laws are interpreted, applied, and of their overall legality. You are not quite right there, if you were to check, it is the Government that gives the nod for these local laws you talk about, they have to be proposed by Council, sent for approval by the GOV and then ratified. There are such documents that are generic and are kept by the Gov for local councils to use. You can view some examples here. An example from Scotland Gov Here Edited January 7, 2014 by shetlandpeat Quote Link to comment Share on other sites More sharing options...
Ghostrider Posted January 7, 2014 Report Share Posted January 7, 2014 (edited) ^ How very pedantic of you Peat. A Local Authority drafts/creates/makes/"proposes" etc them, the Government approves/ratifies/validates/authorises/"gives them the nod", same difference. Without a Local Authority "creating" etc them, they wouldn't exist, and their legality is dependent upon being ratified by a Court as and when and if any Court is asked to do so, regardless. Edited January 7, 2014 by Ghostrider Quote Link to comment Share on other sites More sharing options...
shetlandpeat Posted January 7, 2014 Report Share Posted January 7, 2014 Until someone has the Niageras and the money to do so, you are stuck with the situation at present. It is the Gov that creates the Model Byelaws after pressure from local authorities. If you want your own system, independant of the rest of the country, there is a small island not far from you that could do with your metle way of doing stuff (or not). Quote Link to comment Share on other sites More sharing options...
unlinkedstudent Posted January 7, 2014 Report Share Posted January 7, 2014 I've just woke up from a dream (or was it a nightmare?). In it, SP posted this: "I appear to have quoted the wrong Act, I apologise." There again, pigs also flew in that dream. Quote Link to comment Share on other sites More sharing options...
burik Posted January 14, 2014 Report Share Posted January 14, 2014 car hire park now Quote Link to comment Share on other sites More sharing options...
black89 Posted January 14, 2014 Report Share Posted January 14, 2014 Yea ^^ bolts private hire car park!! The cheek! Quote Link to comment Share on other sites More sharing options...
unlinkedstudent Posted January 14, 2014 Report Share Posted January 14, 2014 Anyone got a photograph or the actual wording of the notices the SIC put up? Surely it quotes on it the relevant legislation? Quote Link to comment Share on other sites More sharing options...
ll Posted January 14, 2014 Report Share Posted January 14, 2014 car hire park nowNah, nah, Magnie Saat an Vinegar's hire cars! Quote Link to comment Share on other sites More sharing options...
shetlandpeat Posted January 14, 2014 Report Share Posted January 14, 2014 car hire park nowNah, nah, Magnie Saat an Vinegar's hire cars! All we need now is Mustards Car Hire. Quote Link to comment Share on other sites More sharing options...
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