House of Commons - Explanatory Note
Road Safety Bill - continued          House of Commons

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Clause 45: Minor corrections

192.     Clause 45 corrects some minor errors in earlier legislation relevant to the provisions of the Bill.

Supplementary provisions

Clause 47: Power to make consequential, amendments

193.     Clause 47 enables the Secretary of State to make amendments to other legislation (primary and secondary) where, as a consequence of the coming into force of a provision of the Bill, he considers it appropriate to do so. Although every attempt has been made to amend or repeal all provisions of other legislation which conflict with, or are inconsistent with, a provision of the Bill, such a power would need to be exercised if following Royal Assent it was discovered that the effect of a particular provision had been overlooked. The power might be also be applied to a provision of an Act passed after this Bill but before the provision in question comes into force.

194.     The exercise of the power is subject to an affirmative resolution in both Houses of Parliament.

Clause 48: Commencement

195.     Clause 48 provides for commencement of the Bill's provisions. Save for clauses 1, 38 and 41 and Schedule 5 and certain miscellaneous and supplementary provisions, the provisions of the Bill will come into force on a day appointed by order of the Secretary of State. Clauses 1, 38 and 41 and Schedule 5 come into force two months after Royal Assent. Subsection (6) provides for Sections 4, 7, 8 and 9 and Schedules 1, 2 and 3 to be brought into force in a particular order to give effect to the purpose of the Bill.


196.     A statement has been made by the Secretary of State under section 19(a) of the Human Rights Act 1998 to the effect that he believes the Bill to be compatible with the Convention Rights. No issues arise in connection with specific provisions of the Bill which merit special mention.


197.     Upon full implementation the Bill is expected to incur additional costs in the region of £6 million to the public sector in the first year, thereafter it is estimated there will be annual recurring costs in the region of £1million. These funds have been accounted for within existing budgets and can be broken down as follows:

ClausesProvisionEstimated initial cost (annual cost)
2-6 & 10 Graduated and other fixed penalties and financial penalty deposits£2.2m (£0.8m)
40Motorway picnic areas etc£3m (£0.3m) per site
42Vehicles modified to run on fuel stored under pressure£0.3-£1m

198.     It should also be noted that some clauses in the Bill make provision for fees to be charged for services to ensure proposals are cost neutral to the Consolidated Fund. All fees charged will be levied on a cost recovery basis only and will accord with the "user-pays" principle. Fees will be paid into the appropriate agency trading funds as indicated below.

Provisions (with relevant clauses)Relevant Agency
Driving Standards (26,27,28,31 & 32)Driving Standards Agency
Compulsory surrender of old-form licences (29)DVLA
Fee for renewal of photocard licence and for issue of certain alternative licences (30)DVLA
Regulation of registration plate suppliers (33-35)DVLA
Particulars to be included in vehicles register (36,37)DVLA
Vehicles Modified to run on fuel stored under pressureVehicle and Operator Services Agency

199.     Finally, some elements of the Bill take the power to charge a fee to recover possible future costs incurred in excess of current budgets. These include areas which have yet to be fully developed such as the experimental alcohol ignition interlock programme or where full financial implications will depend upon the timing of implementation e.g. costs to be recovered through fees for any recall exercise of old format licences will depend upon the numbers of licences to be recalled - dependent upon when such an exercise is undertaken. For more detailed analysis of the costs and financial implications of the Bill please refer to the Regulatory Impact Assessment available on the Department for Transport's website or from the House library.


200.     None of the Bill's provisions has significant implications for public service manpower.


201.     The Regulatory Impact Assessment sets out the costs and benefits of the Bill's provisions and concludes that the Benefits outweigh the costs in a wide range of measures. Furthermore it concludes that the Bill will contribute towards an improvement in road safety, and further the achievement of the government's long term casualty reduction targets. The RIA also indicates that the Bill will not create a large burden or adverse effects on small business, charities or the voluntary sector.

202.     Copies of the Regulatory Impact Assessment are available from the Department for Transport's website: or by contacting David Pullen, Department for Transport, 2/11 Great Minster House, 76 Marsham Street, London SW1P 4DR or


203.     Generally the majority of the Bill's provisions extend to Great Britain. The exceptions are as follows:-

Clauses 1, 33, 34, 39, 40 and 44 extend only to England and Wales.

Clauses 35 and 38(1) extend to the United Kingdom as a whole.

Clause 38(2) extends only to Northern Ireland.

Territorial Extent: Wales

204.     Of the provisions extending to Wales certain clauses legislate in devolved matters either by granting new powers to the Welsh Assembly Government or amending existing powers. For more detailed analysis of these powers please refer to the relevant sections of these Notes as indicated below:

ClauseSubject matter
1 Road Safety Grants
14Alcohol Ignition Interlocks
24 & 25Attendance on Courses
40Motorway Rest Areas
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Prepared: 30 November 2004