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

(ii)
in the case of an authority other than a local authority,
as may be prescribed.
(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
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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
the purposes of this section.
(6)
In this section—

“civil enforcement area for parking contraventions” and
10
“penalty charge” have the same meaning as in Part 6 of the
Traffic Management Act 2004; and

“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 in
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the case of a vehicle found in an area that is a civil enforcement area
for parking contraventions—
(a)
is required to pay an amount on recovering the vehicle under
section 101A(1), or
(b)
receives a sum in respect of the vehicle under section 101A(2)
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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.
(2)
The regulations may make such provision in connection with the
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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,
(b)
as to the grounds on which, and time within which,
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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
received;
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(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
(g)
enabling an adjudicator to review any decision made on, or
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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
(b)
to produce any documents in his custody or under his control
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relating to any matter relevant for the purposes of the appeal,

Traffic Management Bill
Schedule 11 — Civil enforcement: consequential amendments
86


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.
(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
5
appeal in such circumstances as may be specified.
(5)
The functions of adjudicators under this section shall be discharged
by the persons appointed as adjudicators for the purposes of Part 6
of the Traffic Management Act 2004 (civil enforcement of road traffic
contraventions) and any arrangements made for the discharge of
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their functions under that Part 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.
      (2)
For subsection (2) (recovery of charges) substitute—
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“(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
respect of the removal of the vehicle;
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(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
(c)
the chief officer of a police force or a local authority who
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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.
(2A)
If the place from which the vehicle is removed is in an area that is a
30
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
Management Act 2004.”.
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      (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;”.
      (4)
In subsection (9) (application of provisions to parking places provided
40
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)
(tribunals under direct supervision of Council on Tribunals), in paragraph
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Traffic Management Bill
Schedule 12 — Repeals
Part 1 — Civil enforcement
87

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).”.
London Local Authorities Act 1995
5
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
designated by order of the Secretary of State under
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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
7
In section 20 of the London Local Authorities and Transport for London Act
15
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
of road traffic contraventions).”.
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Schedule 12
Section 87

Repeals
Part 1
Civil enforcement

Short title and chapter
Extent of repeal

25

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

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”.

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Section 101(4) to (6).

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.

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Sections 65 to 67.

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

Sections 69 to 74A.

Sections 76 to 79.

Schedule 3.

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Schedule 6.

Traffic Management Bill
Schedule 12 — Repeals
Part 2 — Other repeals
88

Short title and chapter
Extent of repeal

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)

5

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

1999 (c. 29)
Section 284.

Section 286.

Transport Act 2000 (c. 38)
Section 144.

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

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2000 (c. vii)
area”.

Sections 4 to 14.

London Local Authorities and
Sections 4 to 7.

Transport for London Act
Section 8(5).

2003 (c. iii)
Sections 14 and 15.

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Schedule 1.

In Schedule 2—

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

“and”;

(b)
paragraph 1(a);

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(c)
paragraphs 5 and 6.

Schedule 3.

Part 2
Other repeals

Short title and chapter
Extent of repeal

25

Road Traffic Offenders Act 1988
In Schedule 1, in column 2 of the entry relating

(c. 53)
to section 163 of the Road Traffic Act 1988 the

words “by constable”.

In Part 1 of Schedule 2, in column 2 of the entry

relating to section 37 of the Road Traffic Act

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1988 the words “by constable regulating

traffic”, and in column 2 of the entry relating

to section 163 of the Road Traffic Act 1988 the

words “by constable”.

In Schedule 3, in column 2 of the entry relating

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to section 163 of the Road Traffic Act 1988 the

words “by constable in uniform”.

London Local Authorities and
Section 12.

Transport for London Act

2003 (c. iii)

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