Traffic Management Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Traffic Management Bill

Traffic Management Bill
Schedule 11 — Civil enforcement: consequential amendments
85

(4)
The regulations may include provision authorising an adjudicator to
make an order for the payment of costs and expenses by a party to an
appeal in such circumstances as may be specified.
(5)
The provisions of Part 6 of the Traffic Management Act 2004 (civil
enforcement of road traffic contraventions), and of any regulations
5
under that Part, as to the appointment of adjudicators and the
making of arrangements for the discharge of their functions also
have effect for the purposes of this section.”.
4     (1)
Section 102 of the Road Traffic Regulation Act 1984 (c. 27) (charges for
removal, storage and disposal of vehicles) is amended as follows.
10
      (2)
For subsection (2) (recovery of charges) substitute—
“(2)
If the place from which the vehicle is removed is in an area that is not
a civil enforcement area for parking contraventions—
(a)
the appropriate authority is entitled to recover from any
person responsible such charges as may be prescribed in
15
respect of the removal of the vehicle;
(b)
the chief officer of a police force or a local authority in whose
custody the vehicle is during any period is entitled to recover
from any person responsible charges ascertained by
reference to a prescribed scale in respect of that period; and
20
(c)
the chief officer of a police force or a local authority who
dispose of the vehicle in pursuance of section 101 of this Act
is entitled to recover from any person responsible charges
determined in the prescribed manner in respect of its
disposal.
25
(2A)
If the place from which the vehicle is removed is in an area that is a
civil enforcement area for parking contraventions, the enforcement
authority is entitled to recover from any person responsible such
charges in respect of the removal, storage and disposal of the vehicle
as they may require in accordance with Schedule 9 of the Traffic
30
Management Act 2004.”.
      (3)
In subsection (8) (interpretation) at the appropriate place insert—

““civil enforcement area for parking contraventions” and “enforcement
authority” have the same meaning as in Part 6 of the Traffic
Management Act 2004;”.
35
      (4)
In subsection (9) (application of provisions to parking places provided
under letting or other arrangements), for “subsection (2)(d)” substitute
“subsection (2A)”.
Tribunals and Inquiries Act 1992
5
In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (c. 53)
40
(tribunals under direct supervision of Council on Tribunals), in paragraph
40 (road traffic) for sub-paragraph (b) substitute—
“(b)
an adjudicator appointed for the purposes of Part 6 of the
Traffic Management Act 2004 (civil enforcement of road
traffic contraventions).”.
45

Traffic Management Bill
Schedule 12 — Civil enforcement: repeals
86

London Local Authorities Act 1995
6
In the London Local Authorities Act 1995 (c. x)—
(a)
in section 2 (interpretation), for the definition of “special parking
area” substitute—

““special enforcement area” means a special enforcement area
5
designated by order of the Secretary of State under
Schedule 10 of the Traffic Management Act 2004;”;
(b)
in section 9(1) (special temporary prohibitions) for “special parking
area” substitute “special enforcement area”.
London Local Authorities and Transport for London Act 2003
10
7
In section 20 of the London Local Authorities and Transport for London Act
2003 (c. iii) (disclosure of information about identity of owner of vehicle), in
subsection (2) (enactments for purposes of which disclosure may be made)
for paragraphs (b) to (d) substitute—
“(b)
Part 6 of the Traffic Management Act 2004 (civil enforcement
15
of road traffic contraventions).”.
Schedule 12
Section 86

Civil enforcement: repeals

Short title and chapter
Extent of repeal

Road Traffic Regulation Act
Section 8(1A) and (1B).

20

1984 (c. 27)
Section 11(2) and (2A).

In section 47(1), the words “; but this subsection

does not apply in relation to any designated

parking place in Greater London”.

Section 101(4) to (6).

25

In section 102(8), the definition of “London

authority” and the word “and” preceding it.

Road Traffic Act 1988 (c. 52)
Section 36(1A).

Road Traffic Act 1991 (c. 40)
Section 43.

Sections 65 to 67.

30

Section 68(2) and (3)(c).

Sections 69 to 74A.

Sections 76 to 79.

Schedule 3.

Schedule 6.

35

Local Government (Wales) Act
In Schedule 7, paragraph 43(b).

1994 (c. 19)

London Local Authorities Act
Sections 4, 5, 7 and 8.

1995 (c. x)

Greater London Authority Act
Section 283(2) and (4).

40

1999 (c. 29)
Section 284.

Section 286.

Transport Act 2000 (c. 38)
Section 144.

Traffic Management Bill
Schedule 12 — Civil enforcement: repeals
87

Short title and chapter
Extent of repeal

London Local Authorities Act
In section 3(1), the definition of “special parking

2000 (c. vii)
area”.

Sections 4 to 14.

London Local Authorities and
Sections 4 to 7.

5

Transport for London Act
Section 8(5).

2003 (c. iii)
Sections 14 and 15.

Schedules 1 and 2.

In Schedule 2—

(a)
in the heading, the words from “4” to

10

“and”;

(b)
paragraph 1(a);

(c)
paragraphs 5 and 6.

Schedule 3.