Previous

Contents page 1-9 10-19 Last page

London Olympic Games and Paralympic Games (Amendment) BillPage 10

7 Enforcement of moving traffic contraventions in Greater London

(1) After section 16 of the London Olympic Games and Paralympic Games Act

2006 insert—

16A Enforcement of moving traffic contraventions in Greater London

(1) 5The provisions of the London Local Authorities and Transport for

London Act 2003 (“the 2003 Act”) referred to in subsection (2) apply in

relation to an Olympic traffic contravention as they apply in relation to

a contravention of a prescribed order within the meaning of section 4 of

that Act.

(2) 10The provisions of the 2003 Act are—

(a) section 4 (penalty charges for traffic contraventions),

(b) section 6 (limitation on service of penalty charge notice),

(c) section 7 (disapplication of offences),

(d) Schedule 1 (penalty charge notices: representations etc.), and

(e) 15Schedule 2 (penalty charge notices: financial provisions),

and section 2 of that Act (interpretation) so far as it relates to any of

those provisions.

(3) An “Olympic traffic contravention” is a contravention of any of the

following that applies to a road in Greater London—

(a) 20an order made by virtue of section 14(1) or (4),

(b) a notice issued by virtue of section 14(5B), or

(c) an order made under section 16A of the Road Traffic Regulation

Act 1984 (road closures or restrictions for certain events) as

applied by section 16 of this Act.

(4) 25But a contravention of an order or notice referred to in subsection (3) is

not an Olympic traffic contravention in so far as Part 6 of the Traffic

Management Act 2004 applies in relation to it by virtue of section 15 or

16.

(5) For the purposes of this section, section 4 of the 2003 Act has effect as

30if—

(a) in subsection (10) (power to set level of discount for early

payment of penalty charge), for “the borough councils and

Transport for London acting through the Joint Committee”

there were substituted “the Olympic Delivery Authority”, and

(b) 35for subsection (13) there were substituted the subsection (13) set

out in section 16B(1).

(6) For the purposes of this section, section 7 of the 2003 Act has effect as if

after subsection (3) there were inserted the subsections (3A) and (3B) set

out in section 16B(2).

(7) 40The Secretary of State may direct the enforcement authority for a road

in Greater London to exercise its power under section 4(2) or 6(6) of the

2003 Act in respect of an Olympic traffic contravention.

(8) Where the enforcement authority is Transport for London, the

Secretary of State may give a direction under subsection (7) only with

45the consent of the Mayor of London.

London Olympic Games and Paralympic Games (Amendment) BillPage 11

(9) If an enforcement authority for a road fails to comply with a direction

under subsection (7), the Olympic Delivery Authority may, with the

consent of the Secretary of State, act as the enforcement authority for

that road.

(10) 5If the Authority acts as the enforcement authority for a road by virtue

of subsection (9), it may recover from the enforcement authority, as if it

were a debt, the reasonable cost of acting.

(11) In this section, “enforcement authority” means whichever of Transport

for London or the relevant borough council under the 2003 Act is for the

10time being entitled to exercise the power under section 4(2) of that Act.

(12) For the purposes of this section, the provisions of the 2003 Act referred

to in subsection (2) are to be treated as being fully in force.

16B Section 16A: supplemental

(1) The subsection (13) of section 4 of the London Local Authorities and

15Transport for London Act 2003 (“the 2003 Act”) referred to in section

16A(5)(b) is as follows—

(13) For the purposes of subsection (12), Part 2 of that Schedule has

effect as it would if there were substituted for it the Part 2 set out

as follows—

20 Part 2 Charges applicable in Greater London

(1) It is the duty of the Olympic Delivery Authority (“the Authority”) to

set the levels of charges applicable to Olympic traffic contraventions

(within the meaning of section 16A of the London Olympic Games

25and Paralympic Games Act 2006).

(2) Different levels of charges may be set for different areas in Greater

London and for different cases or classes of case.

(3) Before setting the level of any charges the Authority must consult—

(a) Transport for London, and

(b) 30the London local authorities.

(1) The Authority must submit to the Secretary of State for approval the

levels of charges that it proposes to set.

(2) If—

(a) the Authority fails to discharge its duty under paragraph 2,

35or

(b) the Secretary of State does not approve the levels of charges

proposed by the Authority,

the levels of charges must be set by the Secretary of State.

The Authority must publish, in such manner as the Secretary of State

40may determine, the levels of charges set in accordance with this Part

of this Schedule.”.

(2) The subsections (3A) and (3B) of section 7 of the 2003 Act referred to in

London Olympic Games and Paralympic Games (Amendment) BillPage 12

section 16A(6) are as follows—

(3A) Section 16 of the Act of 1984 shall apply in respect of a road to

which this section applies as if after subsection (1) there were

inserted—

(1A) 5Subsection (1) does not apply in relation to any person

who acts in contravention of or fails to comply with a

restriction or prohibition imposed under section 14 of

this Act if as a result a penalty charge is payable under

section 4(5) of the London Local Authorities and

10Transport for London Act 2003.

(3B) Section 16C of the Act of 1984 shall apply in respect of a road to

which this section applies as if after subsection (1) there were

inserted—

(1A) Subsection (1) does not apply in relation to any person

15who acts in contravention of or fails to comply with an

order under section 16A of this Act if as a result a

penalty charge is payable under section 4(5) of the

London Local Authorities and Transport for London

Act 2003.”.”.

(2) 20Consultation undertaken before the commencement of subsection (1)

(including consultation undertaken before the passing of this Act) is as

effective for the purposes of paragraph 2(3) of Schedule 9 to the Traffic

Management Act 2004 as modified in accordance with that subsection as

consultation undertaken after that commencement.

8 25Enforcement of bus lane contraventions outside Greater London

After section 16B of the London Olympic Games and Paralympic Games Act

2006 insert—

16C Enforcement of bus lane contraventions outside Greater London

(1) Section 144 of the Transport Act 2000 (civil penalties for bus lane

30contraventions) and the Bus Lane Regulations apply in relation to an

Olympic bus lane contravention as they apply in relation to a bus lane

contravention within the meaning of that section.

(2) The references in subsection (1) to that section are to be read as

references to that section as it would have effect if, at the end of the

35definition of “traffic regulation order” in subsection (14), there were

inserted “or a notice under section 14 of that Act”.

(3) An “Olympic bus lane contravention” is a contravention of any of the

following so far as relating to the use of an area of road outside Greater

London which is or forms part of a bus lane—

(a) 40an order made by virtue of section 14(1) or (4),

(b) a notice issued by virtue of section 14(5B), or

(c) an order made under section 16A of the Road Traffic Regulation

Act 1984 (road closures or restrictions for certain events) as

applied by section 16 of this Act.

(4) 45But a contravention of an order or notice referred to in subsection (3) is

not an Olympic bus lane contravention in so far as Part 6 of the Traffic

London Olympic Games and Paralympic Games (Amendment) BillPage 13

Management Act 2004 applies in relation to it by virtue of section 15 or

16.

(5) For the purposes of this section, section 144 of the Transport Act 2000

has effect as if subsection (9) were omitted except so far as necessary for

5the purpose of authorising regulation 4 of the Bus Lane Regulations as

modified by subsection (6) of this section.

(6) For the purposes of this section, the Bus Lane Regulations have effect as

if for regulation 4 there were substituted the regulation 4 set out in

section 16D.

(7) 10The Secretary of State may direct the approved local authority for a

road outside Greater London to exercise its powers under the Bus Lane

Regulations in respect of an Olympic bus lane contravention.

(8) If an approved local authority for a road fails to comply with a direction

under subsection (7), the Olympic Delivery Authority may, with the

15consent of the Secretary of State, act as the approved local authority for

that road.

(9) If the Authority acts as the approved local authority for a road by virtue

of subsection (8), it may recover from the approved local authority, as

if it were a debt, the reasonable cost of acting.

(10) 20In this section—

16D Section 16C: supplemental

The regulation 4 of the Bus Lane Contraventions (Penalty Charges,

Adjudication and Enforcement) (England) Regulations 2005 (S.I. 2005/

2757) referred to in section 16C(6) is as follows—

304 Level of penalty charges

(1) It is the duty of the Olympic Delivery Authority (“the Authority”) to

set the levels of charges applicable to Olympic bus lane

contraventions (within the meaning of section 16C of the London

Olympic Games and Paralympic Games Act 2006).

(2) 35Different levels of charges may be set for the areas of different

approved local authorities, for different parts of the area of an

approved local authority and for different cases or classes of case.

(3) The Authority must submit to the Secretary of State for approval the

levels of charges that it proposes to set.

(4) 40If—

(a) the Authority fails to discharge its duty under paragraph (1);

or

(b) the Secretary of State does not approve the levels of charges

proposed by the Authority,

45the levels of charges must be set by the Secretary of State.

London Olympic Games and Paralympic Games (Amendment) BillPage 14

(5) The Authority must publish, in such manner as the Secretary of State

may determine, the levels of charges set in accordance with this

regulation.

(6) In the circumstances described in regulation 8(5)(f), an authority

5must accept a sum equivalent to one half of the level of charge set in

accordance with this regulation in full payment of a penalty charge.

(7) In the circumstances described in regulation 8(5)(k), an authority

may increase a penalty charge to a sum equivalent to one and a half

times the level of charge set in accordance with this regulation..

10Supplementary

9 Commencement and duration, extent and application, and short title

(1) The preceding provisions of this Act come into force at the end of the period of

two months beginning with the day on which this Act is passed.

(2) Sections 4 to 8 are repealed at the end of the London Olympics period within

15the meaning of the London Olympic Games and Paralympic Games Act 2006

(see section 1 of that Act).

(3) Subsection (2) does not affect any liability incurred, or prevent any liability

arising, by virtue of a provision of that Act in respect of a contravention to

which a penalty charge is applicable; and a penalty charge may be imposed in

20respect of the contravention as if sections 4 to 8 had not been repealed.

(4) Nothing in subsection (3) affects section 16 of the Interpretation Act 1978

(general savings on repeal).

(5) Sections 1 and 2 extend to England and Wales and Scotland.

(6) Section 3 and this section extend to England and Wales, Scotland and Northern

25Ireland.

(7) Sections 4 to 8 extend to England and Wales only.

(8) Section 3 applies in respect of anything done whether in the United Kingdom

or elsewhere.

(9) Sections 4 to 8 apply only in relation to—

(a) 30places in England, and

(b) things done in or in respect of England.

(10) This Act may be cited as the London Olympic Games and Paralympic Games

(Amendment) Act 2011.

Previous

Contents page 1-9 10-19 Last page