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Traffic Management Bill


Traffic Management Bill
Schedule 9 — Civil enforcement: setting the level of charges
Part 1 — Charges to which this Schedule applies

78

 

Designation of civil enforcement areas for moving traffic contraventions

10    (1)  

The appropriate national authority may, on an application under this

paragraph, make an order designating the whole or part of a local

authority’s area as a civil enforcement area for moving traffic

contraventions.

5

      (2)  

An area may only be so designated if it is within, or is co-extensive with, an

area already designated as a civil enforcement area for parking

contraventions.

      (3)  

An application under this paragraph may be made—

(a)   

with respect to the whole or part of their area, by a county council in

10

England;

(b)   

with respect to the whole or part of their area, by a county council or

county borough council in Wales;

(c)   

with respect to the whole or part of their area, by a metropolitan

district council;

15

(d)   

with respect to the whole of their areas, by two or more metropolitan

district councils acting jointly;

(e)   

with respect to the whole or part of the Isles of Scilly, by the Council

of the Isles of Scilly.

      (4)  

Before making an order under this paragraph the appropriate national

20

authority shall consult the appropriate chief officer of police.

      (5)  

In relation to a civil enforcement area designated by order under this

paragraph, references in this Part of this Act to the enforcement authority are

to the authority on whose application the order was made or, if the

application was a joint application, any of the authorities on whose

25

application the order was made.

Schedule 9

Section 73

 

Civil enforcement: setting the level of charges

Part 1

Charges to which this Schedule applies

30

Charges to which this Schedule applies

1     (1)  

This Schedule provides for the setting of the levels of—

(a)   

penalty charges, including any discounts or surcharges,

(b)   

charges made by authorities under section 102 of the Road Traffic

Regulation Act 1984 (c. 27) for the removal, storage and disposal of

35

vehicles found in areas that are civil enforcement areas for parking

contraventions, and

(c)   

charges for the release of vehicles from an immobilisation device

under regulations under section 75 above.

      (2)  

References in this Schedule to “charges” are to those charges.

40

 

 

Traffic Management Bill
Schedule 9 — Civil enforcement: setting the level of charges
Part 2 — Charges applicable in Greater London

79

 

Part 2

Charges applicable in Greater London

Charges to be set by Transport for London or London local authorities

2     (1)  

It is the duty—

(a)   

of Transport for London, so far as relating to GLA roads, and

5

(b)   

of the London local authorities, so far as relating to other roads,

           

to set the levels of charges applicable in Greater London.

      (2)  

Different levels of charges may be set for different areas in London and for

different cases or classes of case.

      (3)  

Before setting the level of any charges Transport for London must consult

10

the London local authorities.

Supervisory role of Mayor of London

3     (1)  

Transport for London and the London local authorities must submit to the

Mayor of London for his approval the levels of charges that they propose to

set.

15

      (2)  

If—

(a)   

Transport for London or the London local authorities fail to

discharge their duty under paragraph 2, or

(b)   

the Mayor of London does not approve the levels of charges

proposed by the London local authorities,

20

           

the levels of charges shall be set by order made by the Mayor of London.

Reserve powers of Secretary of State

4     (1)  

The following provisions apply where the Mayor of London—

(a)   

approves any levels of charges on a submission under paragraph

3(1), or

25

(b)   

sets any such levels under paragraph 3(2).

      (2)  

The Mayor must notify the Secretary of State of the levels of charges so

approved or set.

      (3)  

The levels of charges shall not come into force until after the expiration of—

(a)   

the period of one month beginning with the date on which the

30

notification is given, or

(b)   

such shorter period as the Secretary of State may allow.

      (4)  

The Secretary of State may before the end of that period give notice to the

Mayor of London that he objects to the levels of charges on the grounds that

some or all of them are excessive.

35

           

If he does so those levels of charges shall not come into force unless and until

the objection has been withdrawn.

      (5)  

If at any time before the levels of charges have come into force, the Secretary

of State considers that some or all of them are excessive, he may make

regulations setting the levels of charges.

40

           

Those levels must be no higher than those notified under sub-paragraph (2).

 

 

Traffic Management Bill
Schedule 9 — Civil enforcement: setting the level of charges
Part 3 — Charges applicable outside Greater London

80

 

      (6)  

If the Secretary of State makes regulations under sub-paragraph (5) no

further submission to the Mayor of London under paragraph 3(1) may be

made until after the end of the period of twelve months beginning with the

day on which the regulations are made.

Publication of levels of charges

5

5     (1)  

Transport for London and the London local authorities shall publish, in such

manner as the Mayor of London may determine, the levels of charges set in

accordance with this Part of this Schedule.

      (2)  

The duty imposed by sub-paragraph (1) applies—

(a)   

to Transport for London so far as the charges relate to GLA roads,

10

and

(b)   

to the London local authorities so far as they relate to other roads.

Discharge of functions by London local authorities

6     (1)  

The Secretary of State may make provision by regulations as to the discharge

by London local authorities of the functions conferred on them by this Part

15

of this Schedule.

      (2)  

The regulations may provide for the functions to be discharged by means of

arrangements under section 101 of the Local Government Act 1972 (c. 70)

(arrangements for discharge of functions by local authorities) or in such

other way as the regulations may provide.

20

      (3)  

The regulations may make provision for continuing in force for the purposes

of this Part of this Schedule any arrangements in force immediately before

the commencement of this Part for the discharge of functions corresponding

to the functions of London local authorities under this Part of this Schedule.

Part 3

25

Charges applicable outside Greater London

Charges to be set by enforcement authority

7     (1)  

Outside Greater London it is the duty of each enforcement authority to set

the level of charges applicable in the case of contraventions for which they

are the enforcement authority.

30

      (2)  

Different levels of charges may be set for different contraventions, for

different parts of a civil enforcement area and for other different cases or

classes of case.

Guidance by appropriate national authority

8     (1)  

The levels of charges set by enforcement authorities under this Part of this

35

Schedule must accord with guidance given by the appropriate national

authority.

      (2)  

Such guidance may be given specifically to an enforcement authority or to

enforcement authorities generally and may be varied at any time by the

appropriate national authority.

40

 

 

Traffic Management Bill
Schedule 10 — Civil enforcement: special enforcement areas

81

 

Publication of levels of charges

9          

An enforcement authority for an area outside Greater London shall publish,

in such manner as the appropriate national authority may determine, the

levels of charges set under this Part of this Schedule.

Schedule 10

5

Section 80

 

Civil enforcement: special enforcement areas

Designation of special enforcement areas in Greater London

1     (1)  

The Secretary of State may, on an application by a London authority, make

an order designating the whole or part of that authority’s area as a special

enforcement area.

10

      (2)  

An area may only be so designated if it is within, or is co-extensive with, an

area that is a civil enforcement area for parking contraventions within

paragraph 3 of Schedule 7 (parking contraventions other than those relating

to parking places).

      (3)  

An application under this section may be made—

15

(a)   

by Transport for London, to the extent that the special enforcement

area is to consist of GLA roads;

(b)   

by a London local authority, to the extent that the special

enforcement area is to consist of roads other than GLA roads.

      (4)  

Before making an order under this paragraph the Secretary of State shall

20

consult the Commissioner of Police of the Metropolis or the Commissioner

of Police for the City of London or, if appropriate, both of them.

      (5)  

An order in force immediately before the commencement of this Part of this

Act under section 76 of the Road Traffic Act 1991 (c. 40) designating an area

in Greater London as a special parking area has effect on and after the

25

commencement of this Part of this Act as if it were an order under this

paragraph designating the area as a special enforcement area.

Variation of special enforcement area by Mayor of London

2     (1)  

The Mayor of London may by order under this paragraph amend an order

for the time being in force under paragraph 1 so as to vary the area that for

30

the time being constitutes the special enforcement area.

      (2)  

No such order may be made without the consent of the relevant London

authority for every road that the order has the effect of bringing within, or

removing from, the special enforcement area.

      (3)  

The relevant London authority is—

35

(a)   

as regards GLA roads, Transport for London;

(b)   

as regards roads other than GLA roads, the London local authority

in whose area the road is situated.

      (4)  

An order under this paragraph must not be such as to bring within a special

enforcement area an area as to which the Secretary of State has specified by

40

order that it is expedient on grounds of national security that no part of it

should be included in a special enforcement area.

 

 

Traffic Management Bill
Schedule 11 — Civil enforcement: consequential amendments

82

 

      (5)  

An order in force immediately before the commencement of this Part of this

Act under section 76A(1) or (3)(a) of the Road Traffic Act 1991 (c. 40) has

effect on and after the commencement of this Part of this Act as if it made

corresponding provision under this paragraph.

Designation of special enforcement areas outside Greater London

5

3     (1)  

The appropriate national authority may, on an application under this

paragraph, make an order designating the whole or part of a local

authority’s area as a special enforcement area.

      (2)  

An area may only be so designated if it is within, or is co-extensive with, an

area that is a civil enforcement area for parking contraventions.

10

      (3)  

An application under this paragraph may be made—

(a)   

with respect to the whole or part of their area, by a county council in

England;

(b)   

with respect to the whole or part of their area, by a county council or

county borough council in Wales;

15

(c)   

with respect to the whole of their area, by a metropolitan district

council;

(d)   

with respect to the whole of their areas, by two or more metropolitan

district councils acting jointly;

(e)   

with respect to the whole or part of the Isles of Scilly, by the Council

20

of the Isles of Scilly.

      (4)  

Before making an order under this paragraph the appropriate national

authority shall consult the appropriate chief officer of police.

      (5)  

An order in force immediately before the commencement of this Part of this

Act under paragraph 2(1) of Schedule 3 to the Road Traffic Act 1991

25

designating an area outside Greater London as a special parking area has

effect on and after the commencement of this Part of this Act as if it were an

order under this paragraph designating the area as a special enforcement

area.

Schedule 11

30

Section 86

 

Civil enforcement: consequential amendments

Road Traffic Regulation Act 1984

1     (1)  

Section 46 of the Road Traffic Regulation Act 1984 (c. 27) (charges at, and

regulation of, designated parking places) is amended as follows.

      (2)  

In subsection (1) after “outside Greater London” insert “, and not in a civil

35

enforcement area for parking contraventions,”.

      (3)  

In subsection (1A) after “in Greater London” insert “, or outside Greater

London in a civil enforcement area for parking contraventions,”.

      (4)  

After subsection (5) add—

“(6)   

In this section “civil enforcement area for parking contraventions”

40

has the same meaning as in Part 6 of the Traffic Management Act

2004.”.

 

 

Traffic Management Bill
Schedule 11 — Civil enforcement: consequential amendments

83

 

2          

In section 63A of the Road Traffic Regulation Act 1984 (c. 27) (parking

attendants), for subsection (4) (requirement to wear uniform) substitute—

“(4)   

Parking attendants in an area that is a civil enforcement area for

parking contraventions—

(a)   

when exercising prescribed functions must wear such

5

uniform as may be determined by the enforcement authority

in accordance with guidance issued by the appropriate

national authority, and

(b)   

must not exercise any of those functions when not in

uniform.

10

   

Expressions used in this subsection that are defined for the purposes

of Part 6 of the Traffic Management Act 2004 have the same meaning

as in that Part.”.

3     (1)  

In section 101 of the Road Traffic Regulation Act 1984 (disposal of vehicles

removed under that Act)—

15

(a)   

in subsection (1) (power of competent authority to dispose of vehicle)

for “Subject to subsections (3) to (5A) below” substitute “Subject to

subsection (3) and section 101A below”;

(b)   

omit subsections (4) to (6) (right of owner to recover vehicle or

proceeds of sale).

20

      (2)  

After that section insert—

“101A   Right of owner to recover vehicle or proceeds of sale

(1)   

If before a vehicle is disposed of by an authority under section 101

above it is claimed by a person who—

(a)   

satisfies the authority that he is its owner, and

25

(b)   

pays the relevant charges,

   

the authority shall permit him to remove the vehicle from their

custody within such period as they may specify or, in the case of an

authority other than a local authority, as may be prescribed.

(2)   

If before the end of the period of one year beginning with the date on

30

which a vehicle is sold by an authority under section 101 above a

person satisfies the authority that at the time of the sale he was the

owner of the vehicle, the authority shall pay him any sum by which

the proceeds of sale exceed the amount of the relevant charges.

(3)   

In the case of a vehicle found in an area that is a civil enforcement

35

area for parking contraventions, the relevant charges are—

(a)   

any penalty charge payable in respect of the parking of the

vehicle in the place from which it was removed,

(b)   

such unpaid earlier penalty charges relating to the vehicle as

may be prescribed, and

40

(c)   

such sums in respect of the removal and storage of the

vehicle—

(i)   

as the authority may require in accordance with

Schedule 9 of the Traffic Management Act 2004, or

(ii)   

in the case of an authority other than a local authority,

45

as may be prescribed.

 

 

Traffic Management Bill
Schedule 11 — Civil enforcement: consequential amendments

84

 

(4)   

In any other case the relevant charges are such sums in respect of the

removal and storage of the vehicle as may be prescribed.

(5)   

If in the case of any vehicle it appears to the authority in question that

more than one person is or was its owner at the relevant time, such

one of them as the authority think fit shall be treated as its owner for

5

the purposes of this section.

(6)   

In this section—

   

“civil enforcement area for parking contraventions” and

“penalty charge” have the same meaning as in Part 6 of the

Traffic Management Act 2004; and

10

   

“owner” has the same meaning as in section 101 above.

101B    Representations and appeals

(1)   

The Lord Chancellor may make regulations entitling a person who—

(a)   

is required to pay an amount on recovering a vehicle under

section 101A(1), or

15

(b)   

receives a sum in respect of a vehicle under section 101A(2)

or is informed that the proceeds of sale did not exceed the

aggregate amount mentioned in that provision,

   

to make representations to the authority concerned and to appeal to

an adjudicator if his representations are not accepted.

20

(2)   

The regulations may make such provision in connection with the

rights conferred as appears to the Lord Chancellor to be appropriate,

and may in particular make provision—

(a)   

requiring the authority to give a person notice of the rights

conferred by the regulations,

25

(b)   

as to the grounds on which, and time within which,

representations may be made;

(c)   

requiring supporting evidence in such circumstances as may

be specified;

(d)   

as to the duties of the authority when representations are

30

received;

(e)   

as to the circumstances in which there is a right of appeal to

an adjudicator,

(f)   

generally as to the making, determination and effect of, and

procedure in connection with, such appeals, and

35

(g)   

enabling an adjudicator to review any decision made on, or

in the course of, an appeal.

(3)   

The regulations may include provision authorising an adjudicator to

require a person—

(a)   

to attend to give evidence at the hearing of an appeal, and

40

(b)   

to produce any documents in his custody or under his control

relating to any matter relevant for the purposes of the appeal,

   

and making it a criminal offence triable summarily and punishable

with a fine not exceeding level 2 on the standard scale to fail to

comply with such a requirement.

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Revised 15 December 2003