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A
B I L L
[AS AMENDED IN COMMITTEE]
To confer further powers upon local authorities in London and upon Transport for London; and for related purposes.
WHEREAS—
(1) It is expedient that the powers of London borough councils and the Common Council of the City of London (hereinafter referred to as “London borough councils”) and of Transport for London should be extended and amended as provided in this Act:
(2) It is expedient that provision be made in London in relation to parking, road traffic, highways, filming on highways and enforcement of penalty charges:
(3) It is expedient that the other provisions contained in this Act should be enacted:
(4) The purposes of this Act cannot be effected without the authority of Parliament:
(5) In relation to the promotion of the Bill for this Act the Westminster City Council have complied with the requirements of section 239 of the Local Government Act 1972 (c. 70) and the other London borough councils have complied with the requirements of section 87 of the Local Government Act 1985 (c. 51):
(6) In relation to the promotion of the Bill for this Act Transport for London have complied with the requirements of section 167 of and Schedule 13 to the Greater London Authority Act 1999 (c. 29):
(7) In relation to the promotion of the Bill for this Act the London borough councils have acted through their representation in the Association of London Government, a statutory joint committee whose membership is made up from members of all the London borough councils:
May it therefore please your Majesty that it may be enacted, and be it enacted, by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
PART 1
PRELIMINARY
1 Citation and commencement
| (1) | This Act may be cited as the London Local Authorities and Transport for London Act 2006.
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| (2) | This Act, except section 10 (Parking of commercial vehicles) and section 12 (Driving on the footway) shall come into operation at the end of the period of two months beginning with the date on which it is passed.
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| (3) | The said sections 10 and 12 shall come into operation on the appointed day.
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2 Interpretation
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“the 1984 Act” means the Road Traffic Regulation Act 1984 (c. 27);
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“the 1991 Act” means the Road Traffic Act 1991 (c. 40);
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“the 2004 Act” means the Traffic Management Act 2004 (c. 18);
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“the Act of 2003” means the London Local Authorities and Transport for London Act 2003 (c. iii);
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“authorised officer”, in relation to a London authority, a relevant highway authority, a relevant street authority or a relevant traffic authority, means—
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| (a) | any employee of that authority;
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| (b) | any person by whom, in pursuance of arrangements made with the authority, any functions under this Act fall to be discharged; or
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| (c) | any employee of any such person,
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| | who is authorised in writing by the authority to act in relation to the relevant provision of this Act; |
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“borough council” means London borough council and includes the Common Council of the City of London in its capacity as a local authority and “borough” and “council” shall be construed accordingly;
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“immobilisation device” means any device or appliance approved by the Secretary of State under section 104(9) of the 1984 Act;
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“London authority” means a borough council or Transport for London, as the case may be;
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“relevant highway authority” means—
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| (a) | the borough council, as respects highways for which they are the highway authority;
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| (b) | Transport for London, as respects highways for which they are the highway authority;
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“relevant street authority” means—
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| (a) | the borough council, as respects roads for which they are the street authority;
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| (b) | Transport for London, as respects roads for which they are the street authority,
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| | under Part III of the New Roads and Street Works Act 1991 (c. 22); |
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“relevant traffic authority” means—
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| (a) | the borough council, as respects roads for which they are the traffic authority;
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| (b) | Transport for London, as respects roads for which they are the traffic authority.
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| (2) | The owner of a vehicle for the purposes of this Act shall be taken to be the person by whom the vehicle is kept.
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| (3) | In determining, for the purposes of this Act, who was the owner of a vehicle at any time, it shall be presumed that the owner was the person in whose name the vehicle was at that time registered under the Vehicle Excise and Registration Act 1994 (c. 22).
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3 Appointed day
| (1) | In subsection (3) of section 1 (Citation and commencement) of this Act “the appointed day” means such day as may be fixed as regards section 10 (Parking of commercial vehicles) or section 12 (Driving on the footway)—
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| (a) | by a decision of Transport for London; or
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| (b) | by resolution of the borough council,as the case may be, subject to and in accordance with the provisions of this section.
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| (2) | Different days may be fixed under this section for the purpose of the application of provisions of either such section to different areas.
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| (3) | Different days may be fixed under this section for the purpose of the application of provisions of either such section to an area or any part of an area or different parts of an area.
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| (4) | The borough council or Transport for London, as the case may be, shall cause to be published in a local newspaper circulating in their area and in the London Gazette, notice—
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| (a) | of the passing of any such resolution or taking of any such decision in relation to either such section and of a day fixed by the resolution or decision; and
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| (b) | of the general effect of the provisions of that section coming into operation on that day,
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| | and the day so fixed shall not be earlier than the expiration of one month from the publication of the said notice. |
| (5) | A photostatic or any other reproduction certified by the officer appointed for that purpose by the borough council or by Transport for London, as the case may be, to be a true reproduction of a page or part of a page of any such newspaper or London Gazette—
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| (a) | bearing the date of its publication; and
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| (b) | containing any such notice,
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| | shall be evidence of the publication of the notice and of the date of publication. |
PART 2
PARKING ETC.
4 Parking and loading etc.: waste collection and street cleansing vehicles
| (1) | Subject to subsection (2) below, vehicles engaged in specified operations are exempted from the operation of any relevant road traffic order which has effect in relation to a road or part of a road for which a London authority is the traffic authority.
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| (2) | Subsection (1) above shall not apply in any case where the relevant traffic authority has made a road traffic order which states that the relevant road traffic order shall apply to vehicles engaged in specified operations.
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| (3) | Subsection (1) is without prejudice to any existing road traffic order which provides an exemption for vehicles engaged in the collection of waste by a waste collection authority or the cleaning of a highway by or on behalf of a relevant highway authority at any time.
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“relevant road traffic order” means any road traffic order which—
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| (a) | designates any place as a parking place;
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| (b) | prohibits or restricts the waiting of vehicles on any road;
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| (c) | relates to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to the 1984 Act;
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| (d) | provides that an area of road may only be used by vehicles of a specified class or description;
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“road traffic order” means an order made under sections 6, 9 or 45 of the 1984 Act;
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“specified operations” means the collection of waste by a waste collection authority or the cleaning of a highway by or on behalf of a relevant highway authority otherwise than between the hours of 7.00 a.m. and 10.00 a.m. or 4.00 p.m. and 7.00 p.m.;
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“waste collection authority” means a waste collection authority for the purposes of Part II of the Environmental Protection Act 1990 (c. 43) or any person carrying out the functions of such an authority.
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5 Unpaid charges on unlawful release of vehicle: Road Traffic Act 1991
| (1) | This section applies where an immobilisation device has been fixed to a vehicle by a parking attendant or another person acting under his direction under sections 69 or 77 of the 1991 Act and the vehicle is released from the immobilisation device unlawfully.
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| (2) | Where this section applies, the person liable to pay the penalty charge in respect of the contravention to which the immobilisation of the vehicle relates shall also be liable to pay the avoided release fee.
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| (3) | Where this section applies, any notice to owner served by a London authority under paragraph 1 of Schedule 6 to the 1991 Act shall, in addition to those matters mentioned in paragraph 1(1) of that Schedule, state the amount of any avoided release fee.
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| (4) | Where this section applies, references to the penalty charge in the paragraphs of the said Schedule 6 mentioned in subsection (5) below shall be taken to include references to the avoided release fee and the reference in paragraph 7 of that Schedule to the increased charge shall be taken to include a reference to the increased avoided release fee.
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| (5) | Those paragraphs are—
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| (a) | paragraphs 1(2)(c) and (d);
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| (c) | paragraph 6(1) (in both cases); and
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| (6) | The grounds on which a person may make representations against a notice to owner under paragraph 2 of the said Schedule 6 shall include, as regards an avoided release fee, the following—
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| (a) | the immobilisation device was never fixed to the vehicle;
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| (b) | the immobilisation device was not removed unlawfully;
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| (c) | that, by virtue of an exemption given by section 70 of the 1991 Act, section 69 of that Act did not apply to the vehicle at the time in question.
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| (7) | In this section “avoided release fee” means any fee which would have been payable under section 69(4)(b) of the 1991 Act had the vehicle been released under that section.
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6 Unpaid charges on unlawful release of vehicle: Traffic Management Act 2004
| (1) | The Secretary of State may make regulations under section 79 of the 2004 Act (immobilisation of vehicle where penalty charge payable) reproducing the effect of section 5 (Unpaid charges on unlawful release of vehicle: Road Traffic Act 1991) of this Act in relation to Greater London.
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| (2) | Without prejudice to the generality of subsection (1) above, such regulations may make provision for the service of notices requiring payment of penalty charges, increased charges and avoided release fees.
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| (3) | The Lord Chancellor may make regulations under section 80 of the 2004 Act (representations and appeals) applicable to Greater London dealing with representations and appeals in relation to avoided release fees.
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7 Limitation on service of notice to owner: parking
| (1) | Section 7 (Limitation on service of notice to owner) of the London Local Authorities Act 2000 (c. vii) is amended as follows.
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| (a) | for “Subject to subsection (3) below” there is substituted “Subsection (2A) below applies”;
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| (b) | for the words from “a fresh notice to owner” to the end of the subsection there is substituted—
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; or
| "(d) | payment of the penalty charge has been made or has purportedly been made before the expiry of the period mentioned in subsection (1) above but the payment or purported payment is subsequently cancelled or withdrawn.".
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| (3) | After subsection (2) there is inserted—
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| "(2A) | Subject to subsection (3) below, a fresh notice to owner may not be served after the expiry of the period of six months from—
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| "(a) | the date of the cancellation of the notice to owner; or
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| "(b) | in a case falling within subsection (2)(c) above, the date on which a notice is served under paragraph 8(5)(d) of that schedule; or
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| "(c) | in a case falling within subsection (2)(d) above, the date on which notification is received that the payment or purported payment had been cancelled or withdrawn.".
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| (a) | the words “, that is to say a council or Transport for London,” are omitted;
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| (b) | after paragraph (c), there is inserted
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or
| "(d) | the date on which the relevant authority receives a notification that the payment or purported payment has been cancelled or withdrawn in the circumstances mentioned in subsection (2)(d) above";
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| (c) | for the words “subsection (1) or (2) above” there is substituted “subsection (1) or (2A) above”.
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8 Limitation on service of notice to owner: road traffic contraventions
| (1) | Section 6 (Limitation on service of penalty charge notice) of the Act of 2003 is amended as follows.
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| (a) | for “Subject to the provisions of this section,” there is substituted “Subsection (2A) below applies”;
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| (b) | for the words from “the borough council may” to the end of the subsection there is substituted
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; or
| "(d) | payment of the penalty charge has been made or has purportedly been made before the expiry of the period mentioned in subsection (1) above but the payment or purported payment is subsequently cancelled or withdrawn.".
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| (3) | After subsection (2) there is inserted—
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| "(2A) | Subject to subsection (3) below, the borough council or Transport for London, as the case may be, may not serve a fresh penalty charge notice after the expiry of the period of 28 days from—
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| "(a) | the date of the cancellation of the penalty charge notice; or
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| "(b) | in a case falling within subsection (2)(c) above, the date on which the council or body are served with notice under paragraph 7(8)(d) of the said Schedule; or
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| "(c) | in a case falling within subsection (2)(d) above, the date on which the council or body received notification that the payment or purported payment had been cancelled or withdrawn.".
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| (4) | In subsection (4), after paragraph (c), there is inserted
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or
| "(d) | the date on which the council or body receives a notification that the payment or purported payment has been cancelled or withdrawn in the circumstances mentioned in subsection (2)(d) above,".
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| (5) | In subsection (5) for “subsection (1) or (2) above” there is substituted “subsection (1) or (2A) above.”
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