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PART 4
FILMING
15 Prohibition or restriction on roads in connection with filming
| (1) | Section 16A of the 1984 Act (prohibition or restriction on roads in connection with certain events) shall apply in Greater London with the following modifications.
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| (2) | The expressions “relevant event” and “the holding of a relevant event” include the making of a film.
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| (3) | After subsection (2), the following subsection is inserted—
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| "(2A) | The traffic authority for a road may at any time by notice restrict or prohibit temporarily the use of the road, or any part of it, by vehicles, or vehicles of any class, or by pedestrians, where it appears to them that it is expedient for the making of a film and that the restriction or prohibition should come into force without delay.".
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| (4) | The references, in subsections (3) and (5) to (10), to an order under section 16A include references to a notice under subsection (2A) of that section, as inserted by subsection (3) above, and references to the making of such an order include references to the issuing of such a notice.
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16 Restrictions on orders and notices
| (1) | Section 16B of the Act of 1984 (restrictions on orders under section 16A) shall apply in Greater London with the following modifications.
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| (2) | In subsection (1) after the words “three days” the words “(or seven days, in the case of a film order)” are inserted.
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| (3) | In subsection (6) the words “Subject to subsection (6A),” are inserted at the beginning.
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| (4) | After subsection (6), the following subsections are inserted—
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| "(6A) | No more than 6 film orders may be made under section 16A in any calendar year so as to affect any length of road, unless a further film order—
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| "(a) | is made by the Secretary of State as the traffic authority for the road concerned; or
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| "(b) | is made with his consent.
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| "(6B) | No film notice shall continue in force for more than 24 hours from the time at which it comes into effect.
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| "(6C) | In this section, “film orders” and “film notices” are orders and notices under section 16A of this Act which are made or issued in relation to the making of a film.".
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| (5) | In subsection (7), for “subsection (6)” there is substituted “subsections (6) and (6A)”.
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17 Power to place objects in highways
| (1) | Subject to the provisions of this section, the relevant highway authority may grant permission for any person making a film to place temporarily on the highway any object or thing required for the purposes of making a film.
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| (2) | A person making a film shall not, in pursuance of a grant of permission under this section, place any object or thing on a bridge over a railway, or under a bridge carrying a railway over a highway or a public open space, or within four metres of the abutments of a bridge carrying a railway over a highway or a public open space, except with the consent of the railway undertakers concerned.
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| (3) | In exercising their functions under this section a relevant highway authority—
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| (a) | shall take steps to prevent, so far as reasonably practicable, interference with vehicular and pedestrian traffic using the highway; and
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| (b) | shall not grant any permission which would have the effect of obstructing or rendering less convenient—
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| (i) | the access to or exit from premises belonging to canal, inland navigation, dock, harbour, tramway, or statutory undertakers, or persons authorised by any enactment to carry out on any other public undertaking; or
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| (ii) | the use by those undertakers or persons of such premises for the purposes of their undertaking.
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| (4) | In subsection (3) above, “statutory undertakers” means any of the following—
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| (a) | a licence holder within the meaning of Part 1 of the Electricity Act 1989 (c. 29);
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| (b) | a gas transporter within the meaning of Part 1 of the Gas Act 1986 (c. 44);
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| (c) | a water undertaker within the meaning of the Water Industry Act 1991 (c. 56);
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| (d) | a sewerage undertaker within Part 1 of the said Act of 1991;
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| (e) | a local authority which is a relevant authority for the purposes of section 97 of the said Act of 1991;
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| (f) | a person to whom the electronic communications code is applied pursuant to section 106 of the Communications Act 2003 (c.21).
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PART 5
NON-PAYMENT OF PENALTY CHARGES
18 Interpretation of Part 5
| (1) | In this Part of this Act—
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“penalty charge” means a penalty charge imposed under regulations made under section 72 of the 2004 Act (civil penalties for road traffic contraventions) or payable in respect of a penalty charge notice issued or served, as the case may be, under any other specified enactment and includes—
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| (a) | an avoided release fee within the meaning of subsection (6) of section 5 (Unpaid charges on unlawful release of vehicle: Road Traffic Act 1991) of this Act; and
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| (b) | any increased charge liable to be paid under a specified enactment;
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“specified enactment” means—
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| (a) | section 66 of and Schedule 6 to the 1991 Act (parking penalties in London);
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| (b) | section 4 (Penalty charge notices under Part II) of and Schedule 1 to the London Local Authorities Act 1996 (c. ix);
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| (c) | regulations made under section 144 of the Transport Act 2000 (c. 38) (civil penalties for bus lane contraventions);
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| (d) | section 4 (Penalty charges for road traffic contraventions) of and Schedule 1 to the Act of 2003;
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| (e) | regulations made under paragraph 12 of Schedule 23 to the Greater London Authority Act 1999 (c. 29) (penalty charges for road user charging);
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| (f) | regulations made under section 72 of the 2004 Act.
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| (2) | The reference in subsection (1) above to section 66 of the 1991 Act shall include a reference to that section as applied by section 77 of that Act.
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| (a) | a reference in any provision to an authorised person is to a person authorised by a London authority for the purposes of that provision and different persons may be authorised for the purposes of different provisions; and
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| (b) | where a person has been authorised to act on behalf of a London authority in relation to any matter a reference to the London authority shall be taken to include a reference to that person; and
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| (c) | where an agreement for this purpose exists between two or more London authorities a person may be authorised to act on behalf of all the London authorities party to that agreement.
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| (4) | Subject to subsection (6) below for the purposes of this Part a penalty charge is “outstanding” if—
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| (a) | it has not been cancelled by the London authority who issued it;
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| (b) | it has not been paid;
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| (c) | the owner of the vehicle in question was the owner of the vehicle at the time the penalty charge was incurred; and
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| (d) | any of the circumstances in subsection (5) below apply without subsection (6) below applying.
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| (5) | Those circumstances are—
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| (a) | the period allowed by the relevant specified enactment for making representations to the London authority in respect of the penalty charge has expired and no such representations have been made;
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| (b) | such representations have been made and—
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| (i) | the London authority have notified the person who made them that they reject the representations or the grounds of the representations, as the case may be; and
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| (ii) | the period allowed by the relevant specified enactment for making an appeal to an adjudicator in respect of the notification of rejection of representations has expired and no appeal has been made to an adjudicator;
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| (c) | if such an appeal has been made—
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| (i) | the appeal was unsuccessful; and
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| (ii) | the period has expired within which, under the relevant specified enactment, a statutory declaration may be made in respect of a county court order which enables the recovery of the penalty charge or an increased charge; and
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| (iii) | no such statutory declaration has been made.
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| (a) | a warrant of execution has been issued in respect of a county court order which enables the recovery of a penalty charge or an increased charge; and
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| (b) | a bailiff has been instructed to levy execution of the order,
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| | the penalty charge in question shall not be treated as “outstanding” unless the bailiff has agreed otherwise with the London Authority which issued the penalty charge notice. |
| (7) | Regulations under section 72 of the 2004 Act may modify subsection (4) to (6) above in relation to penalty charges payable under regulations made under that section.
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19 Immobilisation of vehicles
| (1) | This section applies where an authorised person has reason to believe that there are, in relation to a London authority by whom he is authorised, at least three penalty charges outstanding in relation to a vehicle which is stationary on a road in Greater London.
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| (2) | Where this section applies, the authorised person or a person acting under the authorised person's direction may—
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| (a) | fix an immobilisation device to the vehicle while it remains in the place where it is stationary; or
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| (b) | move it, or require it to be moved, to another place on that road or another road and fix an immobilisation device to the vehicle in that other place.
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| (3) | Subject to subsection (5) below, subsections (2) to (7) of section 69 of the 1991 Act (immobilisation of vehicles in parking places) shall apply where an immobilisation device is fixed to a vehicle in accordance with this section as it applies where an immobilisation device has been fixed to a vehicle in accordance with that section, except that in subsection (4)(a) of that section, for the reference to “the penalty charge payable in respect of the parking” there is substituted a reference to “the outstanding penalty charges”.
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| (4) | Subject to subsection (5) below, section 70 of the 1991 Act (which makes exemptions from the operation of the said section 69) shall apply in relation to the fixing of immobilisation devices under this section, and where it so applies, references to section 69(1) of that Act shall be taken to be references to subsection (1) above.
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| (5) | The references in subsections (3) and (4) above to subsections (2) to (7) of section 69 of the 1991 Act and section 70 of the 1991 Act shall include references to any equivalent provisions replacing those subsections made by virtue of regulations under section 79 of the 2004 Act (immobilisation of vehicle where penalty charge payable).
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| (6) | A person who intentionally obstructs a person exercising any power conferred on him under this section is guilty of an offence.
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| (7) | A person guilty of an offence under subsection (6) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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20 Removal of vehicles
| (1) | This section applies where an authorised person has reason to believe that there are, in relation to a London authority by whom he is authorised, at least three penalty charges outstanding in relation to a relevant vehicle which is stationary on a road in Greater London.
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| (2) | Where this section applies, the authorised person or a person acting under the authorised person's direction, may remove the vehicle and deliver it to a London authority or to a person authorised by a London authority to keep vehicles so removed (in this Part referred to as a “custodian”).
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| (3) | Where a vehicle has been removed and delivered into the custody of a custodian in accordance with subsection (2) above, a London authority or the custodian may (whether or not any claim is made under section 23 (Taking possession of a vehicle) or 25 (Claim by the owner of a vehicle after its disposal) of this Act) recover from the person who was the owner of the vehicle when the vehicle was removed—
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| (a) | all penalty charges that are outstanding in relation to the vehicle and which are owed to any of the London authorities by whom the authorised person who removed the vehicle is authorised;
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| (b) | a penalty charge for its removal;
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| (c) | a penalty charge for each complete day or part of a day on which it has been held by the relevant authority or a custodian; and
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| (d) | if the vehicle has been disposed of, a penalty charge for its disposal.
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21 Disposal of removed vehicles and contents
| (1) | Subject to the provisions of this section, the custodian of a vehicle delivered to him as mentioned in subsection (2) of section 20 (Removal of vehicles) of this Act may dispose of the vehicle and its contents (if any) by selling them or dealing with them as scrap, as he thinks fit.
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| (2) | Where the owner of a vehicle has disclaimed all rights of ownership of a vehicle and any contents, they may be disposed of pursuant to this section at any time.
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| (3) | In a case not falling within subsection (2) above, a vehicle or its contents shall not be disposed of pursuant to this section before the end of the period of five weeks beginning with the date on which the vehicle was removed as mentioned in subsection (2) of the said section 20 and until the custodian has, for the purpose of ascertaining the owner of the vehicle, taken such of the steps specified in subsection (4) below as are applicable to the vehicle and either—
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| (a) | he has failed to ascertain the name and address of the owner, or
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| (b) | the owner has failed to comply with a notice complying with subsection (5) below served on him by post or such other means as agreed by the parties.
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| (4) | The steps referred to in subsection (3) above are—
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| (a) | if the vehicle carries a United Kingdom registration mark, the custodian shall ascertain from the records kept by the Secretary of State under the Vehicle Excise and Registration Act 1994 (c. 22) the name and address of the person by whom the vehicle is kept;
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| (b) | if the vehicle does not carry such a registration mark, the custodian shall make such inquiries as appear to him to be practicable to ascertain the identity of the owner of the vehicle.
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| (5) | A notice under subsection (3)(b) above shall be a notice addressed to the owner which—
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| (i) | the outstanding penalty charges payable in respect of the vehicle;
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| (ii) | the registration mark and make of the vehicle;
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| (iii) | the place where the vehicle was found before it was removed;
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| (iv) | the place to which the vehicle has been removed;
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| (v) | the steps to be taken to obtain possession of the vehicle with its contents (if any) in accordance with section 23 (Taking possession of a vehicle) of this Act;
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| (vi) | that unless the vehicle with its contents (if any) is removed by the owner on or before the date specified under paragraph (b) below, the custodian intends to dispose of it; and
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| (b) | requires the owner to remove the vehicle from the custody of the custodian within 21 days of the date on which the notice was served.
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| (6) | The custodian shall be entitled to treat the registered keeper of the vehicle as the person entitled to its contents unless and to the extent that some other person satisfies him of their claim to all or part of them.
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| (7) | Where there is more than one claim to the vehicle or its contents, the custodian shall determine which person is entitled to the vehicle or its contents on the basis of the evidence provided to him.
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