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:—
Traffic Officers
Traffic officers for England and for Wales
This Part makes provision for the designation of individuals as traffic officers by, or under an authorisation given by, the Secretary of State or the Assembly.
The duties assigned to traffic officers must be connected with, or intended to facilitate or to be conducive or incidental to—
the management of traffic on the relevant road network; or
the performance of any other functions of the appropriate national authority or a strategic highways company (in its capacity as a traffic authority or highway authority).
In subsection (2) “the relevant road network” means—
the network of relevant roads in England (in the case of traffic officers designated by, or under an authorisation given by, the Secretary of State); or
the network of relevant roads in Wales (in the case of traffic officers designated by, or under an authorisation given by, the Assembly).
Traffic officers shall have such special powers (for use in connection with the performance of their duties) as are referred to in section 5(1).
In this Part “relevant road” means a road in England for which the Secretary of State or a strategic highways company is the traffic authority or a road in Wales for which the Assembly is the traffic authority.
The appropriate national authority may—
designate individuals as traffic officers; and
authorise another person to designate individuals as traffic officers.
An authorisation under subsection (1)—
must be given (and may be varied or withdrawn) in writing; and
may be given subject to such limitations and conditions as the appropriate national authority thinks appropriate.
The designation of an individual as a traffic officer must be made (and may be withdrawn) in writing.
A designation may provide that it is to remain in force (unless it is withdrawn or otherwise ceases to have effect) for a specified period.
A traffic officer designated under an authorisation must be employed by, or by a person providing services to, the authorised person.
An individual designated under an authorisation shall cease to be a traffic officer if the person who appointed him either withdraws his designation or ceases to be authorised.
The appropriate national authority may direct an authorised person to withdraw immediately the designation of all or any of the individuals who have been designated by that person.
Jurisdiction and powers of traffic officers
A traffic officer has jurisdiction—unless his designation provides that this subsection does not apply to him.
over any relevant road in England (if he was designated by, or under an authorisation given by, the Secretary of State); or
over any relevant road in Wales (if he was designated by, or under an authorisation given by, the Assembly),
If subsection (1) does not apply to a traffic officer, he has jurisdiction only over such relevant roads, or relevant roads of such descriptions, as may be specified in his designation.
A traffic officer shall, when carrying out his duties, comply with any direction of a constable.
Subject to that, a traffic officer designated by an authorised person shall, when carrying out his duties, comply with any direction of the appropriate national authority.
For the purposes of this Part the special powers of a traffic officer are the following—
powers conferred by orders under section 8; and
powers conferred by or under any other Act which are expressed to be special powers for the purposes of this section.
The exercise of those powers is subject to the following restrictions.
Those powers may only be exercised for one or more of the following purposes—or for a purpose incidental to any of those purposes.
maintaining or improving the movement of traffic on a relevant road over which the traffic officer has jurisdiction by virtue of section 3;
preventing or reducing the effect of anything causing (or which has the potential to cause) congestion or other disruption to the movement of traffic on such a road;
avoiding danger to persons or other traffic using such a road (or preventing risks of any such danger arising);
preventing damage to, or to anything on or near, such a road;
Subject to that, those powers may be exercised—
on or in relation to any relevant road over which the traffic officer has jurisdiction to act by virtue of section 3; or
if the condition specified in subsection (5) is met, on or in relation to any other road in England and Wales.
The condition is that the traffic officer is acting—
at the direction of the chief officer of police for the area in which the road is situated; or
with the consent of the traffic authority for the road.
A traffic officer may not exercise his special powers on a road unless he is in uniform.
This section confers the following powers on a traffic officer—
a power, when the traffic officer is engaged in the regulation of traffic in a road, to direct a person driving or propelling a vehicle—
to stop the vehicle, or
to make it proceed in, or keep to, a particular line of traffic;
a power, for the purposes of a traffic survey of any description which is being carried out on or in the vicinity of a road, to direct a person driving or propelling a vehicle—(subject to the restriction in section 35(3) of the Road Traffic Act 1988 (c. 52));
to stop the vehicle, or
to make it proceed in, or keep to, a particular line of traffic, or
to proceed to a particular point on or near the road on which the vehicle is being driven or propelled;
a power, when the traffic officer is engaged in the regulation of vehicular traffic in a road, to direct persons on foot (or such persons and other traffic) to stop;
a power to direct a person driving a mechanically propelled vehicle, or riding a cycle, on a road to stop the vehicle or cycle.
In section 35 of the Road Traffic Act 1988 (drivers to comply with traffic directions)—
in subsection (1)—
after “a constable” there is inserted “ or traffic officer ”;
after “duty” there is inserted “ or the traffic officer (as the case may be) ”;
in subsection (2)(b) after “constable” there is inserted “ or traffic officer ”.
In section 37 of that Act (directions to pedestrians)—
after “uniform” there is inserted “ or traffic officer ”;
after “duty” there is inserted “ or the traffic officer (as the case may be) ”.
In section 163 of that Act (power of police to stop vehicles), in subsections (1) and (2) after “uniform” there is inserted “ or a traffic officer ”.
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences under the Traffic Acts), in column 5 of the entry relating to section 35 of the Road Traffic Act 1988 after “constable” there is inserted “ , traffic officer ”.
A traffic officer has the powers of a constable under section 67(1) of the Road Traffic Regulation Act 1984 (c. 27) (power in the case of emergencies and temporary obstructions etc. to place and temporarily maintain traffic signs on a road or on any structure on a road).
The references insection 67(1) and (2) to powers conferred by subsection (1) of that section include a reference to the corresponding powers of a traffic officer by virtue of this section.
The appropriate national authority may by order made by statutory instrument confer further special powers on traffic officers.
The national authority may not confer a further special power on traffic officers unless it is satisfied that the power is necessary for the purpose of facilitating the performance of any duties which may be assigned to traffic officers.
The order may—
provide for the enforcement of any special power conferred by the order (whether by the creation of a summary offence or otherwise);
make supplemental, incidental, transitional or consequential provision (including provision amending any Act or subordinate legislation).
An order under this section may not be made by the Secretary of State unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
The power to make regulations under section 99 of the Road Traffic Regulation Act 1984 (c. 27) includes, in relation to the removal of vehicles by traffic officers, power to make consequential provision.
amending, or
applying in relation to vehicles removed by traffic officers (with or without modifications),
Miscellaneous and supplementary
A person who assaults a traffic officer in the execution of his duties is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or both).
A person who resists or wilfully obstructs a traffic officer in the execution of his duties is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 3 on the standard scale (or both).
A person who, with intent to deceive—is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or both).
impersonates a traffic officer,
makes any statement or does any act calculated falsely to suggest that he is a traffic officer, or
makes any statement or does any act calculated falsely to suggest that he has powers as a traffic officer that exceed the powers he actually has,
A person to whom this subsection applies who fails to give his name and address to a traffic officer in uniform on being required to do so by that officer is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Subsection (4) applies to a person whom the traffic officer reasonably believes to have been the driver of a vehicle at a time of a failure to comply with—
a direction given in relation to that vehicle under a power conferred by section 6, or
the indication given by a traffic sign placed under a power conferred by section 7.
In the case of offences committed before the commencement of section 281(5) of the Criminal Justice Act 2003—
subsections (1) and (3) apply as if for “51 weeks” there were substituted “ six months ”; and
subsection (2) applies as if for “51 weeks” there were substituted “ one month ”.
The appropriate national authority shall determine the uniform for traffic officers designated by, or under an authorisation given by, that authority.
The Secretary of State may delegate his or her function under subsection (1) to a strategic highways company.
A delegation under subsection (2) may specify—
the extent to which the function is delegated;
any conditions to which the delegation is subject.
The appropriate national authority or, as respects England, a strategic highways company may, at the request of any person, agree to arrange for the services of a traffic officer to be provided to that person subject to the payment of a charge.
In the Highways Act 1980 (c. 66), after section 245 (acquisition of land for buildings etc. required for discharge of functions of highway authority) there is inserted—
The appropriate national authority may give financial assistance to an authorised person, in such form and on such terms as it considers appropriate, in respect of the traffic officers designated by that person (including financial assistance in respect of equipment, accommodation or other facilities provided for those traffic officers).
In this Part—“the appropriate national authority” means—the Secretary of State, as respects England; and the Assembly, as respects Wales;“the Assembly” means the National Assembly for Wales;“authorised person” means a person who is authorised under section 2;“designation” means designation as a traffic officer under section 2;“relevant road” has the meaning given by section 1(5);“road” means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes;“strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015;“traffic authority” has same meaning as in the Road Traffic Regulation Act 1984 (c. 27);“traffic officer” means an individual designated under section 2.
Network management by local traffic authorities and strategic highways companies
General duties relating to network management
It is the duty of a local traffic authority or a strategic highways company (“the network management authority”) to manage their road network with a view to achieving, so far as may be reasonably practicable having regard to their other obligations, policies and objectives, the following objectives—
securing the expeditious movement of traffic on the authority's road network; and
facilitating the expeditious movement of traffic on road networks for which another authority is the traffic authority.
The action which the authority may take in performing that duty includes, in particular, any action which they consider will contribute to securing—and may involve the exercise of any power to regulate or co-ordinate the uses made of any road (or part of a road) in the road network (whether or not the power was conferred on them in their capacity as a traffic authority).
the more efficient use of their road network; or
the avoidance, elimination or reduction of road congestion or other disruption to the movement of traffic on their road network or a road network for which another authority is the traffic authority;
In this Part “network management duty”, in relation to a network management authority, means their duty under this section.
A network management authority shall make such arrangements as they consider appropriate for planning and carrying out the action to be taken in performing the network management duty.
The arrangements must include provision for the appointment of a person (to be known as the “traffic manager”) to perform such tasks as the authority consider will assist them to perform their network management duty.
The traffic manager may (but need not) be an employee of the authority.
The arrangements must include provision for establishing processes for ensuring (so far as may be reasonably practicable) that the authority—but nothing in this subsection is to be taken to require the identification or consideration of anything appearing to have only an insignificant effect (or potential effect) on the movement of traffic on their road network.
identify things (including future occurrences) which are causing, or which have the potential to cause, road congestion or other disruption to the movement of traffic on their road network; and
consider any possible action that could be taken in response to (or in anticipation of) anything so identified;
The arrangements must include provision for ensuring that the authority—
determine specific policies or objectives in relation to different roads or classes of road in their road network;
monitor the effectiveness of—
the authority's organisation and decision-making processes; and
the implementation of their decisions; and
assess their performance in managing their road network.
The authority must keep under review the effectiveness of the arrangements they have in place under this section.
In performing those duties a network management authority shall have regard to any such guidance.
The information that may be specified in such a direction—
must be information which the authority have in their possession or can reasonably be expected to acquire; and
includes, in particular, information relating to—
the management of a network management authority's road network; or
the use of their road network by different kinds of traffic or the effects of that use.
A direction under this section may be given to two or more network management authorities or to network management authorities of a description specified in the direction.
A direction under this section given to a London authority must be copied to the Mayor.
Enforcement of network management duties
An intervention notice must—
give brief particulars of the grounds for giving the notice; and
offer the network management authority the opportunity (within a specified period) to make representations or proposals about any matter raised by the notice.
The notice may also require the network management authority to provide the national authority, within the period specified under subsection (2)(b), with specified information.
Any information specified in the notice must be information that the national authority considers will assist it in deciding what further action (if any) to take.
The Secretary of State shall consult the Mayor before giving an intervention notice to a London authority and, if such a notice is given, shall give him a copy of it.
If the appropriate national authority is satisfied that a network management authority are failing properly to perform any duty under sections 16 and 17 it may, by order made by statutory instrument (an “intervention order”), make provision for or in connection with the appointment of a traffic director.
In this Part “traffic director” means a person appointed by the national authority with such objectives as the national authority considers will secure that the duty in question is properly performed.
An intervention order providing for the appointment of a traffic director must (among other things)—
state that the national authority is satisfied as mentioned in subsection (1);
give brief particulars of the grounds for appointing a traffic director;
set out the objectives of the traffic director; and
confer such general powers on the traffic director as the national authority considers appropriate for achieving those objectives.
But such an order may not be made unless—but if that period has expired an order may be made whether or not the network management authority have complied with any requirements specified under section 20(3).
reasonable notice of the grounds for appointing a traffic director has been given to the network management authority in an intervention notice; and
the period specified in the notice under section 20(2)(b) has expired;
to monitor any matter;
to report on any matter;
to intervene in activities of the network management authority; and
to carry out functions of the network management authority.
The order may require the traffic director to carry out functions of the network management authority.
The order may—
limit the scope of any general powers conferred on the traffic director or any duty imposed under subsection (6);
confer ancillary powers on the traffic director;
provide for the circumstances in which any general or ancillary power may (or may not) be exercised;
impose conditions on the exercise of any general or ancillary power;
make incidental or supplementary provision;
make different provision for different circumstances.
For the purposes of subsection (7) “ancillary power” means a power to do anything calculated to facilitate (or to be conducive or incidental to)—including, in particular, power to require the network management authority to provide him with information and assistance.
the exercise by the traffic director of his general powers; or
the performance of any duty imposed on him under subsection (6),
The appropriate national authority shall consult the network management authority before making an intervention order which makes further provision in connection with the appointment of a traffic director under an earlier intervention order.
The Secretary of State shall consult the Mayor before making an intervention order in relation to a London authority.
Where by virtue of an intervention order a traffic director is to be appointed in relation to a network management authority—
any person (including the national authority making the order, another network management authority, a Passenger Transport Executive or any other public authority) may be appointed;
the appointment may be made on such terms as that national authority may consider appropriate; and
the appointment may be revoked by that national authority.
The powers conferred by subsection (1) have effect subject to the provisions of the order.
Notice of any appointment of a traffic director (or the revocation of an appointment) shall be given to the network management authority and, in the case of a London authority, to the Mayor.
Any such notice of an appointment must be given before the traffic director begins to carry out any of his duties.
The general powers which may be conferred by an intervention order under section 21(5)(a) are powers to monitor anything connected with the performance by the network management authority of their duties under 16 and 17, including the use of their road network by different kinds of traffic or the effects of that use.
The general powers which may be conferred by an intervention order under section 21(5)(b) are powers to make reports about—
anything connected with the carrying out of the traffic director's objectives; or
The order may provide for such reports to be made to the appropriate national authority or the network management authority (or both).
This section explains the general powers which may be conferred by an intervention order under section 21(5)(c).
Such powers may authorise the traffic director to give to the network management authority directions with respect to the exercise of any specified function, including in particular directions—
to exercise (or to cease or refrain from exercising) such a function;
as to the way in which such a function is (or is not) to be exercised;
as to the policies to be adopted in the exercise of any function.
The order may specify any function of the authority (whether or not conferred in their capacity as a traffic authority) the exercise of which appears to the appropriate national authority to be capable of contributing to, or interfering with, the achievement of the traffic director's objectives.
Such powers may also authorise the traffic director, where it appears to him that the authority has failed to comply with a direction—
to take any steps which still remain to be taken by the authority to comply with the direction, and
recover from the authority as a civil debt the costs reasonably incurred by him in taking those steps.
Anything done by the traffic director under subsection (4)(a) is to be treated as having been done by the authority.
The order may authorise or require the traffic director to take over from the network management authority the exercise of any specified function.
The order may specify any function of the authority (whether or not conferred in their capacity as a traffic authority) the exercise of which appears to the appropriate national authority to be capable of contributing to, or interfering with, the achievement of the traffic director's objectives.
The order may require the authority to take action—
to co-ordinate their activities with those of the traffic director in the exercise of functions specified under subsection (2);
to co-operate with the traffic director in the exercise of such functions.
Anything done by the traffic director in the exercise of a specified function is to be treated as having been done by the authority.
The appropriate national authority may by order made by statutory instrument make provision for the application of sections 20 to 25 (with or without modifications) in cases where to any extent the performance of the duties under sections 16 and 17 is carried out jointly by two or more network management authorities.
A statutory instrument containing an order under this section made by the Secretary of State is subject to annulment in pursuance of a resolution by either House of Parliament.
The appropriate national authority shall give, in accordance with subsection (2), guidance about the criteria which it proposes to apply for the purpose of deciding whether to give an intervention notice or make an intervention order.
The guidance shall be appended to an order made by the authority by statutory instrument.
A statutory instrument containing an order under subsection (2) made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.
The appropriate national authority may give guidance to traffic directors in relation to the performance of their duties.
Such guidance may be general or given to a particular traffic director.
In carrying out his duties a traffic director shall have regard to any guidance under this section which is applicable to him.
The appropriate national authority shall publish any guidance given under this section.
Subsections (2) to (4) apply where a traffic director is appointed in relation to a London authority.
A copy of any report made by a traffic director to the authority shall be given to the Mayor.
In carrying out his duties the traffic director need not comply with, or have regard to, any directions or guidance given by the Mayor under Part 4 of the Greater London Authority Act 1999 (c. 29).
The duty to comply with a direction given by the traffic director prevails, to the extent of any inconsistency, over the duty to comply with, or have regard to, any direction or guidance mentioned in subsection (3).
Subsections (6) to (8) apply where a traffic director is appointed in relation to Transport for London.
If the traffic director—that section has effect as if subsections (3)(d) and (4) were omitted.
exercises the power of Transport for London under subsection (3) of section 301A of the Highways Act 1980 (c. 66) to object to a proposal and does not withdraw that objection, or
directs Transport for London to exercise the power to object to a proposal and not to withdraw the objection,
If the traffic director—that section has effect as if subsections (3)(d) and (4) were omitted.
exercises the power of Transport for London under subsection (3) of section 121B of the Road Traffic Regulation Act 1984 (c. 27) to object to a proposal and does not withdraw that objection, or
directs Transport for London to exercise the power to object to a proposal and not to withdraw the objection,
While the intervention order to which the appointment relates is in force the Mayor may not, without the consent of the traffic director, issue a direction under—dispensing with any of the requirements mentioned there (whether or not by varying an existing direction).
section 301A(9) of the Highways Act 1980, or
section 121B(9) of the Road Traffic Regulation Act 1984,
This section applies where a traffic director has been appointed in respect of a network management authority.
The appropriate national authority may recover from the network management authority such sum or sums as it may consider appropriate.
The amount recovered must not exceed the total expenditure of the national authority which is attributable to the appointment of the traffic director (including expenditure towards any costs incurred by the traffic director which are not met from any other source).
In this Part—“appropriate national authority” means—the Secretary of State, as respects England; and the National Assembly for Wales, as respects Wales;“intervention notice” means a notice under section 20;“intervention order” means an order under section 21;“local traffic authority” means a traffic authority other than the Secretary of State, a strategic highways company or the National Assembly for Wales;“London authority” means Transport for London, a London borough Council or the Common Council of the City of London;“Mayor” means the Mayor of London;“road” means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes;“road network”, in relation to a strategic highways company or a local traffic authority, means the network of roads for which the company or the authority is the traffic authority;“traffic” includes pedestrians;“traffic authority” has the same meaning as in the Road Traffic Regulation Act 1984 (c. 27);“network management authority” has the meaning given in section 16(1);“network management duty” has the meaning given in section 16(3).
Permit Schemes
Any reference in this Part to a permit scheme is a reference to a scheme which is designed to control the carrying out of specified works in specified streets in a specified area.
A permit scheme may (in particular) include provision—
for or in connection with requiring a permit to be obtained before specified works are carried out (including provision as to the persons who are required to obtain permits),
for or in connection with the issue of permits (including provision with respect to applications for permits, provision for cases in which there is to be an entitlement to the issue of a permit and provision with respect to cases in which permits are to be deemed to be issued),
as to cases in which specified works may be carried out without a permit,
for or in connection with the imposition of conditions which are to apply in relation to the carrying out of specified works (including provision for or in connection with the attachment of such conditions to permits),
for or in connection with the review or variation of permits or such conditions (including provision with respect to applications for such variations).
In this section “specified” means specified, or of a description specified, in a permit scheme.
A permit scheme may be prepared by—
a strategic highways company,
a local highway authority in England, or
such a company or authority acting together with one or more other such companies or authorities.
A local highway authority in Wales, or two or more such authorities acting together, may prepare and submit to the Welsh Ministers a permit scheme.
The Secretary of State may direct—to prepare and give effect to a permit scheme which takes such form as the Secretary of State may direct.
a strategic highways company,
a local highway authority in England, or
such a company or authority acting together with one or more other such companies or authorities,
The Welsh Ministers may direct a local highway authority in Wales, or two or more such authorities acting together, to prepare and submit to them a permit scheme which takes such form as the Welsh Ministers may direct.
The appropriate national authority, in its capacity as a highway authority, may prepare a permit scheme.
The Secretary of State, in his capacity as the person with responsibility for the management and control of streets in the Royal Parks, may prepare a permit scheme in respect of any such streets.
Those preparing permit schemes—
must comply with permit regulations, and
must have regard to any guidance which may be issued by the appropriate national authority.
a strategic highways company,
a local highway authority in England, or
such a company or authority acting together with one or more other such companies or authorities.
The scheme shall not have effect in the area of a participating authority unless the authority gives effect to it by order.
For the purposes of subsection (2) a local highway authority or a strategic highways company is a “participating authority” in relation to a permit scheme if it is the highway authority for any of the streets in which the scheme is to control the carrying out of works.
An order under subsection (2)—
must set out the scheme and specify the date on which the scheme is to come into effect, and
may (in accordance with permit regulations) include provisions which disapply or modify enactments to the extent specified in the order.
This section applies where a permit scheme is prepared by a local highway authority in Wales and submitted to Welsh Ministers in accordance with section 33(1A) or (2A).
The Welsh Ministers may approve the scheme with or without modifications.
Where the Welsh Ministers approve the scheme with modifications, references in subsections (4) and (5) to the scheme are to be read as references to the scheme as so modified.
The scheme shall not have effect unless the Welsh Ministers by order give effect to it.
An order under subsection (4)—
must set out the scheme and specify the date on which the scheme is to come into effect, and
may (in accordance with permit regulations) include provisions which disapply or modify enactments to the extent specified in the order.
The scheme shall not have effect unless the appropriate national authority by order gives effect to it.
An order under subsection (2)—
must set out the scheme and specify the date on which the scheme is to come into effect, and
may (in accordance with permit regulations) include provisions which disapply or modify enactments to the extent specified in the order.
A local highway authority in England may by order vary or revoke a permit scheme to the extent that it has effect in the area of the authority by virtue of an order made by the authority under section 33A(2).
The Secretary of State may direct a local highway authority in England to vary or revoke a permit scheme by an order under subsection (1).
An order made by a local highway authority under subsection (1) may vary or revoke an order made by the authority under section 33A(2), or an order previously made by the authority under subsection (1).
A strategic highways company may by order vary or revoke a permit scheme to the extent that it has effect, by virtue of an order made by the company under section 33A(2), in the area in respect of which the company is appointed.
The Secretary of State may direct a strategic highways company to vary or revoke a permit scheme by an order under subsection (4).
An order made by a strategic highways company under subsection (4) may vary or revoke an order made by the company under section 33A(2), or an order previously made by the company under subsection (4).
The Secretary of State may by order vary or revoke any permit scheme which for the time being has effect by virtue of an order made by the Secretary of State under section 35(2).
An order under subsection (9) may vary or revoke an order made by the Secretary of State under section 35(2), or an order previously made under subsection (9).
An order under subsection (7) or (9) may relate to one or more permit schemes.
An order under this section may (in accordance with permit regulations) include provisions which disapply or modify enactments to the extent specified in the order.
The Secretary of State may by regulations (“permit regulations”) make provision with respect to the content, preparation, ... operation, variation or revocation of permit schemes prepared by local highway authorities in England or strategic highways companies under section 33(1) or (2) or by the Secretary of State under section 33(3) or (4).
The Welsh Ministers may by regulations (“permit regulations”) make provision with respect to the content, preparation, submission, approval, operation, variation or revocation of permit schemes prepared by local highway authorities in Wales under section 33(1A) or (2A) or by the Welsh Ministers under section 33(3).
Permit regulations may—
set out procedural provisions with which those preparing permit schemes must comply,
set out standard provisions which may or must be included in a permit scheme,
make provision as to the publicity to be given to permit schemes.
Permit regulations may make provision—
for the purpose of limiting the streets, or type of streets, which may be the subject of a permit scheme.
Permit regulations made by the Secretary of State may impose requirements for the purpose of securing that permit schemes are kept under review.
Permit regulations may make provision—
as to the criteria to be taken into account in the case of decisions with respect to the issue, review or variation of permits or decisions with respect to the imposition, review or variation of conditions,
for or in connection with the determination, or facilitating the determination, of disputes (including provision with respect to the appointment of persons to determine, or facilitate the determination of, disputes),
for or in connection with appeals (including provision with respect to the appointment of persons to hear appeals),
as to the action which may be taken if works are carried out without a permit or if any conditions are not complied with,
for or in connection with the creation, in prescribed cases (including prescribed cases where works are carried out without a permit or in breach of any conditions), of a criminal offence triable summarily and punishable with a fine not exceeding level 5 on the standard scale,
for or in connection with excluding or limiting the liability of prescribed undertakers in prescribed cases.
Provision under subsection (4) in respect of adjudication may not be made without the consent of the Lord Chancellor.
Permit regulations may make provision for or in connection with the giving of fixed penalty notices (including, in particular, provision applying Schedule 4B to the New Roads and Street Works Act 1991 (c. 22), with or without modifications) in relation to any offence created by permit regulations.
Permit regulations may make provision for or in connection with the payment of a fee in respect of any one or more of the following—
an application for a permit,
the issue of a permit,
an application for the variation of a permit or the conditions attached to a permit,
the variation of a permit or the conditions attached to a permit.
Provision made under subsection (7) may include provision as to—
the amount or maximum amount of any fee,
cases in which fees are not to be payable or are to be repaid,
cases in which fees may be discounted,
the time and manner of making payment of fees,
the application of sums paid by way of fees.
In making provision under subsection (7), the appropriate national authority must try to ensure, so far as is reasonably practicable, that the fees payable in connection with permit schemes do not exceed such costs in connection with permit schemes as may be prescribed.
For the purposes of subsection (9), the national authority may rely on such estimates (including estimates with respect to the average costs of highway authorities or particular descriptions of highway authority) as the national authority thinks fit.
Permit regulations may make provision—
for or in connection with the creation and maintenance of registers of permits,
with respect to access to information contained in any such registers (including provision restricting such access),
with respect to the keeping of accounts, and the preparation and publication of statements of account, relating to permit schemes.
Permit regulations may make provision for or in connection with permitting a highway authority, or two or more such authorities acting together, to prepare a permit scheme in respect of streets in a particular area which are maintainable highways notwithstanding that the authority, or those authorities, are not the highway authority for all or any of those streets.
Permit regulations may set out provisions—
which disapply or modify enactments, and
which are to or may apply in the case of permit schemes.
Nothing in subsections (2) to (13) is to be taken as affecting the generality of subsection (1).
This Part and any provisions made under it bind the Crown (but do not affect Her Majesty in her private capacity or in right of Her Duchy of Lancaster or the Duke of Cornwall).
Nothing in subsection (1) is to be construed as authorising the bringing of proceedings for a criminal offence against a person acting on behalf of the Crown.
“the appropriate national authority” means—the Secretary of State, as respects England, and the Welsh Ministers, as respects Wales;“condition” is to be construed in accordance with section 32(2);“enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30));“fixed penalty notice” means a notice offering a person the opportunity of discharging any liability to conviction for an offence by payment of a penalty;“highway authority” and “local highway authority” have the same meaning as in the Highways Act 1980 (c. 66);“maintainable highway” has the same meaning as in Part 3 of the New Roads and Street Works Act 1991 (c. 22);“permit” is to be construed in accordance with section 32(2);“permit scheme” is to be construed in accordance with section 32;“permit regulations” is to be construed in accordance with section 37;“prescribed” means prescribed, or of a description prescribed, by regulations made by the appropriate national authority;“Royal Park” means any park to which the Parks Regulation Act 1872 (c. 15) applies (see sections 1 and 3 of the Parks Regulation (Amendment) Act 1926 (c. 36));“street” means a street (within the meaning of Part 3 of the New Roads and Street Works Act 1991)—which is a maintainable highway, or which is situated in a Royal Park;“street works” has the meaning given by section 48(3) of the New Roads and Street Works Act 1991;“strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015;“undertaker” has the same meaning as in Part 3 of that Act;“works” means—prescribed street works, and such other works or activities as may be prescribed, but activities may not be prescribed under paragraph (b) unless they are, or correspond to, activities which are regulated or controlled by the Highways Act 1980.
In this Part—
An order or regulations under this Part—
may make different provision for different cases or different areas,
may include incidental, supplemental, consequential or transitional provision or savings.
A power of the Secretary of State or the Welsh Ministers to make an order or regulations under this Part is exercisable by statutory instrument.
The first permit regulations may not be made by the Secretary of State unless a draft of them has been laid before and approved by a resolution of each House of Parliament.
Subject to that, a statutory instrument containing regulations under this Part made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory instrument containing regulations under this Part made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
Street works
Enforcement
The maximum fine for each offence under a provision of the New Roads and Street Works Act 1991 (c. 22) (in this Part referred to as “the 1991 Act”) listed in column 1 of the table in Schedule 1 is increased from level 3 on the standard scale to the level specified for that provision in column 3 of the table.
Accordingly, in each provision so listed, for “level 3” there is substituted “ level 4 ” or “level 5” (as specified in column 3 of the table).
In section 70(6) of the 1991 Act, for the words from “to a” to the end there is substituted—
In section 74(7B) and 74A(11) of the 1991 Act (maximum fine for offences in regulations in respect of failure to comply with notice requirement) for “level 3” there is substituted “ level 4 ”.
In section 88(6) of the 1991 Act (failure to comply with duties relating to street works affecting the structure of a bridge) for the words from “to a” to the end there is substituted—
After section 95 of the 1991 Act (offences) there is inserted—
In section 106 of that Act (index for Part 3), the following entry is inserted in the appropriate place—.
Co-ordination of works by street authority
Section 59 of the 1991 Act (general duty of street authority to co-ordinate works) is amended as follows.
In subsection (1) after “purposes)” there is inserted “ and the carrying out of relevant activities ”.
In subsection (2) after “works” there is inserted “ or relevant activities ”.
After subsection (6) there is inserted—
Direction-making powers
Section 56 of the 1991 Act (power to give directions as to timing of street works) is amended as follows.
In subsection (1)—
in paragraph (b), after “at certain times” there is inserted “ or on certain days (or at certain times on certain days) ”;
after “the times” there is inserted “ or days (or both) ”.
After subsection (1) there is inserted—
After subsection (3) there is inserted—
In the 1991 Act, after section 56 there is inserted—
Records and information
Section 53 of the 1991 Act (the street works register) is amended as follows.
In subsection (1)—
after “respect to” (in the second place they appear) there is inserted “ (a) ”; and
at the end there is added
After subsection (4) there is inserted—
After subsection (5) there is inserted—
Section 79 of the 1991 Act (records of location of apparatus) is amended as follows.
After subsection (1) there is inserted—
After subsection (2) there is inserted—
After subsection (3) there is inserted—
Section 80 of the 1991 Act (duties where person finds unidentified apparatus) is amended as follows.
In subsection (1) for “made available by the undertaker” there is substituted “ kept by the undertaker under section 79(1) and made available by him ”.
After subsection (1) there is inserted—
For subsections (2) and (3) there is substituted—
In subsection (4) for “(2)” there is substituted “ any requirement imposed on him by regulations under subsection (2) ”.
After subsection (4) there is added—
After section 53 of the 1991 Act (the street works register) there is inserted—
Miscellaneous
In section 54 of the 1991 Act (advance notice of certain works)—
in subsection (3) for “contain such” there is substituted “ state the date on which it is proposed to begin the works and shall contain such other ”;
after subsection (4) there is inserted—
In section 55 of that Act (notice of starting date of works) after subsection (7) there is inserted—
In section 93 of that Act (works affecting level crossings or tramways) in subsection (2) for “(7)” there is substituted “ (9) ”.
Section 67 of the 1991 Act (qualifications of supervisors and operatives) is amended as follows.
After subsection (1) there is inserted—
After subsection (2) there is inserted—
In subsection (3) for “or (2)” there is substituted “ , (2) or (2C) ”.
In subsection (4), after paragraph (b) there is inserted
Section 58 of the 1991 Act (restriction on works following substantial road works) is amended as specified in subsections (2) to (8).
In subsection (1), for the words “twelve months” there is substituted “ prescribed period ”.
In subsection (2), after “prescribed” there is inserted “ form and ” and for “three months” there is substituted “ such period as may be prescribed ”.
In subsection (3) after paragraph (e) there is inserted(and the word “and” after paragraph (d) is omitted).
In subsection (4), for paragraphs (a) and (b) there is substituted “ within such period as may be prescribed ”.
In subsection (6), at the beginning of paragraph (b) there is inserted “ if he is convicted of an offence under this subsection ”.
In subsection (7), for “by arbitration” there is substituted “ in the prescribed manner ”.
After that subsection there is inserted—
After section 58 of the 1991 Act there is inserted—
In section 57 of that Act (notice of emergency works)—
in subsection (1) after “works)” there is inserted “ or paragraph 2(1)(d) or 3(1) of Schedule 3A (notification of proposed works or directions as to timings of works) ”;
in subsection (2) after “is” there is inserted “ (or would, but for paragraph 2(6) of Schedule 3A, be) ”.
In section 64 of that Act (traffic-sensitive streets) in subsection (1) after “works)” there is inserted “ or paragraph 2 of Schedule 3A ”.
In section 74 of that Act (charge for occupation of highway where works unreasonably prolonged)in subsection (3)(b) after “date)” there is inserted “ or notification under paragraph 2(1)(d) of Schedule 3A (notification of proposed works) ”.
In section 88 of that Act (provisions relating to bridges)in subsection (4) after “date)” there is inserted “ , or making a notification under paragraph 2(1)(d) of Schedule 3A (notification of proposed works), ”.
In section 89 of that Act (provisions relating to sewers)in subsection (2) after “date)” there is inserted “ , or making a notification under paragraph 2(1)(d) of Schedule 3A (notification of proposed works), ”.
In section 72 of the 1991 Act (powers of street authority in relation to reinstatement)—
in subsection (3), for “of not less than 7 working days” there is substituted “ , not being less than such period as may be prescribed, ”; and
after subsection (3) there is inserted—
In section 90 of the 1991 Act (powers of street authority in relation to reinstatement of sewers, etc.)—
in subsection (2), for “of not less than 7 working days” there is substituted “ , not being less than such period as may be prescribed, ”; and
after subsection (2) there is inserted—
Section 70 of the 1991 Act (duty of undertaker to reinstate) is amended as follows.
After subsection (1) there is inserted—
For subsections (3) and (4) there is substituted—
After section 73 of the 1991 Act there is inserted—
In section 106 of that Act—
after the entry for relevant authority (in relation to street works) there is inserted—;
after the entry for street works licence there is inserted—.
After section 73C of the 1991 Act there is inserted—
After section 78 of the 1991 Act there is inserted—
In section 96 of the 1991 Act, in subsection (3), after “street)” there is inserted “ or 78A (contributions to costs of re-surfacing by undertakers) ”.
In section 72 of the 1991 Act (powers of street authority in relation to reinstatement) after subsection (2) there is inserted—
For section 75 of that Act (inspection fees) there is substituted—
After section 73E of the 1991 Act (as inserted by section 56 above) there is inserted—
Highways and roads
Strategic roads in London
“the 1980 Act” means the Highways Act 1980 (c. 66);“the 1984 Act” means the Road Traffic Regulation Act 1984 (c. 27).
The Secretary of State may by order made by statutory instrument designate roads and proposed roads in Greater London, other than roads for which the Secretary of State, a strategic highways company or Transport for London is the traffic authority, as strategic roads for the purposes of—
section 301A of the 1980 Act, and
section 121B of the 1984 Act.
Any road or proposed road so designated shall become a strategic road as from such date as may be specified in the order.
No order under subsection (1) may be made in respect of a road or proposed road in a London borough if an order under that subsection has been made in respect of any other road or proposed road in that borough.
In this section and section 61—
“road” means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes;
strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015;
“strategic road” means a road which is for the time being a strategic road by virtue of an order under subsection (1) or section 61(1);
“traffic authority” has the same meaning as in the 1984 Act.
For the purposes of this section and section 61—
the City of London shall be treated as if it were a London borough;
the Common Council shall be treated as if it were the council for a London borough;
the Inner Temple and the Middle Temple shall be treated as forming part of the City.
In this Part—
A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
If the Mayor of London considers it expedient that any road or proposed road in Greater London, other than a road for which the Secretary of State, a strategic highways company or Transport for London is the traffic authority, should become a strategic road then the Greater London Authority may by order direct that the road or proposed road shall become a strategic road.
Subject to subsection (3), an order under subsection (1) takes effect on such date as may be specified in the order.
An order under subsection (1) is of no effect unless—
it is made with the consent of the council for the London borough in which the road is situated (or proposed road is to be situated), or
if that consent is refused, it is confirmed (with or without modifications) by the Secretary of State.
If the Mayor considers it expedient that any strategic road should cease to be such a road then the Greater London Authority may by order direct that the road shall cease to be such a road.
An order under subsection (4) takes effect on such date as may be specified in the order.
The functions of the Greater London Authority under this section are functions exercisable by the Mayor acting on its behalf.
Section 124C of the 1984 Act (certification and records) applies in relation to strategic roads as it applies in relation to GLA side roads.
Section 301A of the 1980 Act (London borough council exercising powers under that Act so as to affect certain roads) is amended as follows.
In subsection (1)—
at the end of paragraph (a) there is inserted—;
in paragraph (b), after “borough” there is inserted “ other than a GLA road or strategic road ”.
In subsection (3)(a), for the words from “by Transport for London” to the end there is substituted.
After subsection (3) there is inserted—
In subsection (5)(a), for the words from “a GLA road” to the end there is substituted.
In subsection (10)—
in paragraph (b), at the end there is inserted “ or strategic roads ”;
in paragraph (c), for “neither GLA roads nor” there is substituted “ not GLA roads, strategic roads or ”.
After subsection (16) there is inserted—
Section 121B of the 1984 Act (London borough council exercising powers under that Act so as to affect certain roads) is amended as follows.
In subsection (1)—
at the end of paragraph (a) there is inserted—;
in paragraph (b), after “borough” there is inserted “ other than a GLA road or strategic road ”.
In subsection (3)(a), for the words from “by Transport for London” to the end there is substituted.
After subsection (3) there is inserted—
In subsection (5)(a), for the words from “a GLA road” to the end there is substituted.
In subsection (10)—
in paragraph (b), at the end there is inserted “ or strategic roads ”;
in paragraph (c), for “neither GLA roads nor” there is substituted “ not GLA roads, strategic roads or ”.
After subsection (12) there is inserted—
Enforcement of certain offences under the Highways Act 1980
After section 314 of the 1980 Act (offences by body corporate) there is inserted—
In section 322(5) of that Act (service of notices etc.), after paragraph (a) there is inserted—.
After Schedule 22 to that Act there is inserted Schedules 22A and 22B as set out in Schedules 5 and 6 to this Act.
In the New Roads and Street Works Act 1991 (c. 22), in section 97 (service of notices etc.) after subsection (2) there is inserted—
In the London Local Authorities and Transport for London Act 2003 (c. iii), in section 11 (fixed penalties: reserve powers of Secretary of State) after subsection (6) there is inserted—
Records of objects placed in highway
“appropriate national authority” means—the Secretary of State, in relation to strategic highways companies or local highway authorities in England; the National Assembly for Wales, in relation to local highway authorities in Wales;“local highway authority” has the same meaning as in the 1980 Act;“strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015;“street” has the same meaning as in Part 3 of the New Roads and Street Works Act 1991.
The appropriate national authority may by regulations made by statutory instrument require a strategic highways company or a local highway authority to make and keep a record of the location of any object of a description specified in the regulations which has been placed by that company or that authority in a street.
Regulations under this section may include provision—
as to the form in which a record is to be made;
as to supplementary information to be included in a record;
requiring a record to be made available for inspection.
The reference in subsection (1) to an object placed in a street includes an object placed under, over, across, along or upon a street.
In this section—
A statutory instrument containing regulations under this section made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.
Skips, scaffolding, building materials and excavations: charges for occupation of highway etc.
For section 140A of the 1980 Act there is substituted—
After section 140A of the 1980 Act there is inserted—
For section 171A of the 1980 Act there is substituted—
After section 171A of the 1980 Act there is inserted—
In section 139 of the 1980 Act, in subsection (11) for “, section 140 and section 140A” there is substituted “ and section 140 ”.
After section 140B of that Act there is inserted—
After section 171B of that Act there is inserted—
In section 325 of that Act (provisions as to regulations), in subsection (2A)—
in paragraph (a), after “140A” there is inserted “ or 140B ”;
for paragraphs (b) and (c) there is substituted—.
Guidance as to safety precautions
In section 174 of the 1980 Act (precautions to be taken by persons executing works in streets), after subsection (1) there is inserted—
Civil enforcement of traffic contraventions
Civil penalties for road traffic contraventions
The appropriate national authority may make provision by regulations for or in connection with—
the imposition of penalty charges in respect of road traffic contraventions that—
are subject to civil enforcement (see section 73), and
are committed in an area that is a civil enforcement area for contraventions of that description (see section 74), and
the payment of such penalty charges.
The regulations shall include provision specifying the person or persons by whom a penalty charge in respect of a contravention is to be paid (who may be the owner of the vehicle involved in the contravention, its driver at the time of the contravention or any other appropriate person).
The regulations shall include provision in respect of any description of conduct for which a penalty charge may be imposed—
prohibiting criminal proceedings or the issuing of a fixed penalty notice in respect of conduct of that description, or
securing that a penalty charge is not required to be paid, or is refunded, where the conduct is the subject of criminal proceedings or of a fixed penalty notice.
The regulations may include provision prohibiting the imposition of a penalty charge except on the basis of—
a record produced by an approved device, or
information given by a civil enforcement officer as to conduct observed by him.
The regulations may—
specify exemptions from penalty charges, and
make provision for discounts or surcharges, or both.
Schedule 7 specifies the road traffic contraventions that are subject to civil enforcement.
These are—
parking contraventions (see Part 1 of the Schedule);
bus lane contraventions (see Part 2 of the Schedule);
London lorry ban contraventions (see Part 3 of the Schedule);
moving traffic contraventions (see Part 4 of the Schedule).
Regulations under this Part of this Act may make different provision in relation to different descriptions of contravention.
The appropriate national authority may by regulations make such consequential amendment of Schedule 7 as appears to the authority to be required in consequence of the amendment, replacement or revocation of any provision of subordinate legislation referred to in that Schedule.
Part 1 makes provision for Greater London, and Part 2 makes provision for the rest of England and Wales.
Schedule 8 makes provision—
as to the areas that are civil enforcement areas for the purposes of different descriptions of road traffic contravention, and
as to the meaning of “enforcement authority” in relation to road traffic contraventions committed in a civil enforcement area.
In that Schedule—
The appropriate national authority may by notice in writing under this section (a “notice to apply”) require a local authority to make an application under paragraph 8 of Schedule 8 for an order designating the whole or part of the local authority's area as a civil enforcement area for parking contraventions.
The notice must specify—
the date by which the local authority is to make the application (“the application date”),
the latest date by which the application must request that the order comes into force (“the in-force date”), and
the area in respect of which the application is to be made.
Before giving a notice to apply the appropriate national authority must inform the local authority concerned and the appropriate chief officer of police, in writing, of its intention to give such a notice, indicating the application date, the in-force date and the area it intends to specify in the notice.
The local authority may make representations to the appropriate national authority to the effect—
that a notice to apply should not be given to the authority, or
that the notice should specify a different application date, a different in-force date, or a different area in respect of which the application is to be made.
In considering whether to give a notice to apply the appropriate national authority must have regard to the local authority's representations and take into account—
the administrative burden of creating or extending a civil enforcement area and of enforcing parking contraventions within such an area,
the financial circumstances of the local authority concerned and the likely expenses and receipts in connection with the proposed civil enforcement area,
any representations made by the appropriate chief officer of police, and
any other factors appearing to the appropriate national authority to be relevant.
After a notice to apply has been given, it may be modified by agreement between the appropriate national authority and the local authority concerned.
A local authority may provide for the enforcement of road traffic contraventions for which it is the enforcement authority by individuals to be known as civil enforcement officers.
A civil enforcement officer must be—
an individual employed by the authority, or
where the authority have made arrangements with any person for the purposes of this section, an individual employed by that person to act as a civil enforcement officer.
Civil enforcement officers—
when exercising specified functions must wear such uniform as may be determined by the enforcement authority in accordance with guidelines issued by the appropriate national authority, and
must not exercise any of those functions when not in uniform.
In subsection (3)(a) “specified” means specified by regulations made by the appropriate national authority.
A parking attendant appointed under section 63A of the Road Traffic Regulation Act 1984 (c. 27) by a local authority that is an enforcement authority—
is a civil enforcement officer in relation to parking contraventions for which that authority is the enforcement authority, and
may be appointed a civil enforcement officer in relation to other road traffic contraventions for which they are the enforcement authority.
In this section “local authority” includes a non-metropolitan district council.
Part 1 specifies the charges to which the Schedule applies, Part 2 provides for charges applicable in Greater London, and Part 3 provides for charges applicable outside Greater London.
Schedule 9 provides for the setting of the levels of penalty charges and certain other charges.
In that Schedule—
Notification, adjudication and enforcement
The Lord Chancellor may make regulations for and in connection with the notification of penalty charges.
The regulations may provide for notification of a penalty charge to be given in respect of a stationary vehicle—
by a notice affixed to the vehicle,
by a notice given to a person appearing to be in charge of the vehicle, or
in such other manner as may be specified by the regulations.
The regulations may provide for notification of a penalty charge otherwise than in respect of a stationary vehicle to be given in such manner as may be specified by the regulations.
The regulations may not confer power to stop vehicles.
The regulations may provide that, if it appears to the enforcement authority that both the operator of a vehicle and the person in control of the vehicle are liable to a penalty charge, they may give notice to the operator requiring him to provide them with the name and address of the person who was in control of the vehicle at the time of the alleged contravention.
The regulations may include provision creating criminal offences to be triable summarily and punishable with a fine not exceeding level 5 on the standard scale or such lower amount as may be specified.
Regulations under section 78 must include provision requiring notification of a penalty charge to be given by a notice affixed to the vehicle where the charge is in respect of a parking contravention on a road in a civil enforcement area in England.
The regulations may, however, provide that the requirement does not apply in circumstances specified in the regulations (which may be framed by reference to the type of contravention, the circumstances in which a contravention occurs or in any other way) and, where the regulations so provide, they may make any such alternative provision for notification as is authorised by section 78.
“disabled person's badge“ has the same meaning as in section 142(1) of the Road Traffic Regulation Act 1984;“parking device” means a parking device within the meaning of section 35(3B) or 51(4) of that Act; ...“parking place” means—a parking place designated by an order under section 45 of that Act, or an off-street parking place provided under section 32(1)(a) or 57(1)(b), or under a letting or arrangement made under section 33(4), of that Act;"recognised badge" has the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970.
The appropriate national authority may make provision by regulations for or in connection with—
the fixing of an immobilisation device to a stationary vehicle found in any place where there is reason to believe the vehicle has been permitted to remain at rest there in circumstances in which a penalty charge has become payable, and
the release of the vehicle from the device only on payment of—
the penalty charge mentioned in paragraph (a),
such unpaid earlier penalty charges relating to the vehicle as may be specified in the regulations, and
the charge payable in respect of the release.
The regulations may make provision authorising—and providing for any power of removal that was exercisable in relation to the vehicle before it was so moved to continue to be exercisable in relation to the vehicle while it remains in the place to which it was so moved.
the fixing of an immobilisation device to the vehicle while it remains in the place where it was found, or
the moving of the vehicle to another place and the fixing of an immobilisation device to it in that other place,
The regulations may provide—
that on any occasion when an immobilisation device is fixed to a vehicle in accordance with the regulations, the person fixing the device shall also fix to the vehicle a notice—
indicating that such a device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion unless it has been released from the device;
specifying the steps to be taken in order to secure its release; and
giving such other information as may be specified by the regulations; and
that a notice fixed to a vehicle in accordance with the regulations shall not be removed or interfered with except by or under the authority of—and that a person contravening that prohibition commits an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
the owner or person in charge of the vehicle, or
the enforcement authority,
The regulations may also provide—
that a vehicle to which an immobilisation device has been fixed in accordance with the regulations may only be released from the device by or under the direction of a person authorised by the enforcement authority; and
that a person who, without being authorised to do so in accordance with the regulations, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with the regulations commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
The regulations shall provide—
that an immobilisation device must not be fixed to a vehicle if a current disabled person's badge is displayed on the vehicle; and
that if, in a case in which an immobilisation device would have been fixed to a vehicle but for paragraph (a), the vehicle was not being used—the person in charge of the vehicle commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
in accordance with regulations under section 21 of the Chronically Sick and Disabled Persons Act 1970 (c. 44), and
in circumstances falling within section 117(1)(b) of the Road Traffic Regulation Act 1984 (c. 27) (use where a disabled person's concession would be available),
The regulations shall provide—
that an immobilisation device must not be fixed to a vehicle if a current recognised badge is displayed on the vehicle; and
that if, in a case in which an immobilisation device would have been fixed to a vehicle but for paragraph (a), the vehicle was not being used—the person in charge of the vehicle commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
in accordance with regulations under section 21A of the Chronically Sick and Disabled Persons Act 1970, and
in circumstances falling within section 117(1A)(b) of the Road Traffic Regulation Act 1984 (use where a disabled person’s concession would be available by virtue of displaying a non-GB badge),
The regulations shall also provide that an immobilisation device must not be fixed to a vehicle in a parking place in respect of a contravention consisting of, or arising out of, a failure—until 15 minutes have elapsed since the giving of a notification of a penalty charge in respect of the contravention.
to pay a parking charge with respect to the vehicle,
properly to display a ticket or parking device, or
to remove the vehicle from the parking space by the end of a period for which the appropriate charge was paid,
In this section—
The Lord Chancellor may make provision by regulations entitling a person—to make representations to the enforcement authority and to appeal to an adjudicator if his representations are not accepted.
who is or may be liable to pay a penalty charge, or
who secures the release of a vehicle from an immobilisation device on payment of an amount in accordance with regulations under section 79,
The regulations may make such provision in connection with the rights conferred as appears to the Lord Chancellor to be appropriate, and may in particular make provision—
requiring the authority to give a person notice of the rights conferred by the regulations,
as to the grounds on which, and time within which, representations may be made,
requiring supporting evidence in such circumstances as may be specified,
as to the duties of the authority when representations are received,
as to the circumstances in which there is a right of appeal to an adjudicator,
generally as to the making, determination and effect of, and procedure in connection with, appeals, and
enabling an adjudicator to review any decision made on, or in the course of, an appeal.
The regulations may provide that, as respects a ground on which representations may be made, the adjudicator's function on an appeal is to decide whether to direct the enforcement authority to consider or re-consider (as the case may be) any representations relating to that ground.
The regulations may include provision—
authorising an adjudicator to require a person—
to attend to give evidence at the hearing of an appeal, and
to produce any documents in his custody or under his control relating to any matter relevant for the purposes of the appeal, 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.
The regulations may provide that a person who makes a representation that is false in a material particular, and does so recklessly or knowing it to be false, commits an offence triable summarily and punishable with a fine not exceeding level 5 on the standard scale.
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.
The Lord Chancellor may make provision by regulations for and in connection with the appointment of adjudicators for the purposes of this Part.
The following provisions apply in relation to the office of adjudicator—
to be qualified for appointment as an adjudicator, a person must satisfy the judicial-appointment eligibility condition on a 5-year basis;
an adjudicator is appointed for a term, not exceeding five years, specified in his instrument of appointment;
on the expiry of a term of appointment an adjudicator is eligible for re-appointment;
an adjudicator may be removed from office only for misconduct or on the ground that he is unable or unfit to discharge his functions, but otherwise holds and vacates office in accordance with the terms of his appointment.
The regulations shall provide—
for adjudicators to be appointed by the relevant enforcement authorities on such terms as those authorities may decide, and
for the consent of the Lord Chancellor to be required for any decision by those authorities to appoint a person as an adjudicator;
for the consent of the Lord Chancellor and the Lord Chief Justice to be required for any decision by those authorities—
not to re-appoint a person as an adjudicator, or
to remove a person from his office as an adjudicator.
The regulations may provide for the Lord Chief Justice to nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise any of his functions under the regulations.
The relevant enforcement authorities shall—and shall defray all the expenses of the adjudication process and, in particular, expenses in relation to the remuneration of adjudicators.
provide, or make arrangements for the provision of, accommodation and administrative staff and facilities for adjudicators, and
determine the places where adjudicators are to sit,
The regulations shall provide—
for each adjudicator to make an annual report to the relevant enforcement authorities in accordance with such requirements as may be imposed by those authorities, and
for those authorities to make and publish an annual report to the appropriate national authority on the discharge by the adjudicators of their functions.
In this section “the relevant enforcement authorities” means the authorities who are enforcement authorities for the purposes of this Part in relation to road traffic contraventions (of any description).
The regulations may provide for the functions of the relevant enforcement authorities under this section—
to be discharged separately for Greater London, England (outside Greater London) and Wales;
to be discharged by means of arrangements under section 101 of the Local Government Act 1972 (c. 70) (arrangements for discharge of functions by local authorities) or in such other way as the regulations may provide.
The regulations may make provision—
for continuing in force for the purposes of this section any arrangements in force immediately before the commencement of this Part for the discharge of functions corresponding to the functions of relevant enforcement authorities under this section.
The expenses of the relevant enforcement authorities under this section shall be defrayed by them in such proportions—
as they may decide, or
in default of a decision by them, as may be determined in accordance with regulations made—
by the Secretary of State, or
if the functions of those authorities are discharged separately for Wales, by the appropriate national authority.
Regulations under subsection (9)(b) may, in particular, provide—
for the matter to be determined by an arbitrator appointed by a body specified in the regulations, and
for the giving of directions by the Secretary of State or, as the case may be, the appropriate national authority in order to secure that the matter is referred to arbitration.
The Lord Chancellor may make regulations for or in connection with the enforcement of penalty charges.
The regulations may include provision—An amount to which paragraph (b) applies that is so recoverable is referred to below as a “traffic contravention debt”.
creating criminal offences to be triable summarily and punishable with a fine not exceeding level 5 on the standard scale or such lower amount as may be specified;
for amounts payable under or by virtue of any provision of this Part to be recoverable, if the county court so orders, as if they were payable under a county court order.
The Lord Chancellor may by order make provision—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
as to the requirements that must be satisfied before a person takes any other step of a kind specified in the order, with a view to enforcing the payment of—
a traffic contravention debt, or
such class or classes of traffic contravention debts as may be so specified.
Any such order may make such incidental and supplementary provision (including modifications of any enactment other than this Act) as the Lord Chancellor considers appropriate in consequence of the provision made by the order.
Any order in force immediately before the commencement of this Part under section 78(2) of the Road Traffic Act 1991 (c. 40) shall have effect after that commencement as if made under the corresponding provisions of this section and shall apply in relation to the enforcement of any traffic contravention debt.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Additional contraventions in special enforcement areas
In a special enforcement area a vehicle must not be parked on the carriageway in such a way that no part of the vehicle is within 50 centimetres of the edge of the carriageway. This is subject to the following exceptions.
The first exception is where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised. A “designated parking place” means a parking place designated by order under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).
The second exception is where the vehicle is being used —“An NHS ambulance service” means—an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services; an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services; the Scottish Ambulance Service Board.
for fire brigade or police purposes, or
for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service.
The third exception is where—
the vehicle is being used for the purposes of delivering goods to, or collecting goods from, any premises, or is being loaded from or unloaded to any premises,
the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and
the vehicle is so parked for no longer than is necessary and for no more than 20 minutes.
The fourth exception is where—
the vehicle is being used in connection with any of the following—
undertaking any building operation, demolition or excavation,
the collection of waste by a local authority,
removing an obstruction to traffic,
undertaking works in relation to a road, a traffic sign or road lighting, or
undertaking works in relation to a sewer or water main or in relation to the supply of gas, electricity, water or communications services,
it cannot be so used without being parked as mentioned in subsection (1), and
it is so parked for no longer than is necessary.
In this section “carriageway” has the meaning given by section 329(1) of the Highways Act 1980 (c. 66).
References in this section to parking include waiting, but do not include stopping where—
the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to stop to avoid an accident, or
the vehicle is stopped, for no longer than is necessary, for the purpose of allowing people to board or alight from it.
The prohibition in this section is enforceable as if imposed—
in Greater London, by an order under section 6 of the Road Traffic Regulation Act 1984;
elsewhere in England and Wales, by an order under section 1 of that Act.
In this section “local authority” includes a non-metropolitan district council.
In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where—This is subject to the following exceptions.
the footway, cycle track or verge has been lowered to meet the level of the carriageway for the purpose of—
assisting pedestrians crossing the carriageway,
assisting cyclists entering or leaving the carriageway, or
assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge; or
the carriageway has, for a purpose within paragraph (a)(i) to (iii), been raised to meet the level of the footway, cycle track or verge.
The first exception is where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised. A “designated parking place” means a parking place designated by order under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).
The second exception is where the vehicle is parked outside residential premises by or with the consent (but not consent given for reward) of the occupier of the premises. This exception does not apply in the case of a shared driveway.
The third exception is where the vehicle is being used —“An NHS ambulance service” means—an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services; an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services; the Scottish Ambulance Service Board.
for fire brigade or police purposes, or
for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service.
The fourth exception is where—
the vehicle is being used for the purposes of delivering goods to, or collecting goods from, any premises, or is being loaded from or unloaded to any premises,
the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and
the vehicle is so parked for no longer than is necessary and for no more than 20 minutes.
The fifth exception is where—
the vehicle is being used in connection with any of the following—
undertaking any building operation, demolition or excavation,
the collection of waste by a local authority,
removing an obstruction to traffic,
undertaking works in relation to a road, a traffic sign or road lighting, or
undertaking works in relation to a sewer or water main or in relation to the supply of gas, electricity, water or communications services,
it cannot be so used without being parked as mentioned in subsection (1), and
it is so parked for no longer than is necessary.
In this section “carriageway”, “cycle track” and “footway” have the meanings given by section 329(1) of the Highways Act 1980 (c. 66).
References in this section to parking include waiting, but do not include stopping where—
the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to stop to avoid an accident, or
the vehicle is stopped, for no longer than is necessary, for the purpose of allowing people to board or alight from it.
The prohibition in this section is enforceable as if imposed—
in Greater London, by an order under section 6 of the Road Traffic Regulation Act 1984 (c. 27),
elsewhere in England and Wales, by an order under section 1 of that Act.
In this section “local authority” includes a non-metropolitan district council.
Supplementary
The appropriate national authority may publish guidance to local authorities about any matter relating to their functions in connection with the civil enforcement of traffic contraventions.
In exercising those functions a local authority must have regard to any such guidance.
In this section “local authority” includes a non-metropolitan district council.
The Secretary of State may by regulations make provision to prohibit the use by civil enforcement officers of a device of a description specified in the regulations, or of records produced by such a device, in connection with the enforcement of parking contraventions on a road in a civil enforcement area in England.
The prohibition may be—
general, or
limited to particular uses specified in the regulations.
The regulations may provide that a general or limited prohibition does not apply in circumstances specified in the regulations (which may be framed by reference to the type of contravention, the circumstances in which a contravention occurs or in any other way).
Regulations under this section may amend this Part or any provision made under it.
The appropriate national authority may make provision by regulations—
requiring the keeping of accounts, and the preparation and publication of statements of account, of the income and expenditure of enforcement authorities in connection with their functions under this Part, and
as to the purposes for which any surpluses may be applied.
The regulations may provide—
for separate accounts to be kept in respect of an authority's functions in relation to different descriptions of contravention, and
for accounts to be kept in respect of an authority's income and expenditure in respect of functions under this Part and such other functions as may be specified in the regulations.
The regulations may provide that section 55 of the Road Traffic Regulation Act 1984 (financial provisions relating to income and expenditure from parking places) applies in relation to income and expenditure of enforcement authorities in connection with their functions under this Part of this Act in relation to parking contraventions, subject to such modifications as may be specified in the regulations.
The regulations may provide for carrying forward a surplus arising before the commencement of this Part on an account kept under—
section 55 of the Road Traffic Regulation Act 1984 as modified by an order under Schedule 3 to the Road Traffic Act 1991 (c. 40) (parking contraventions),
regulations under section 144 of the Transport Act 2000 (c. 38) (bus lane contraventions), or
Schedule 2 to the London Local Authorities and Transport for London Act 2003 (c. iii) (London lorry ban contraventions or moving traffic contraventions).
Regulations and orders under this Part may make provision for Greater London different from that made for the rest of England.
Regulations and orders under this Part made by the Lord Chancellor may make provision for Wales different from that made for England.
Regulations and orders under this Part may contain incidental, consequential or transitional provision or savings.
Regulations and orders under this Part made by a Minister of the Crown or by the National Assembly for Wales shall be made by statutory instrument.
Regulations under section 80 may not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament.
Subject to that, a statutory instrument containing regulations or an order under this Part made by a Minister of the Crown is subject to annulment in pursuance of a resolution of either House of Parliament.
This Part does not apply in relation to a vehicle that—
at the relevant time is used or appropriated for use for naval, military or airforce purposes, or
belongs to any visiting forces (within the meaning of the Visiting Forces Act 1952 (c. 67)) or is at the relevant time used or appropriated for use by any such forces.
The provisions of this Part apply to—
vehicles in the public service of the Crown that are required to be registered under the Vehicle Excise and Registration Act 1994 (c. 22) (other than those exempted by subsection (1)(a) above), and
persons in the public service of the Crown.
This Part does not apply in relation to Crown roads within the meaning of section 131 of the Road Traffic Regulation Act 1984 (c. 27) (application of road traffic enactments to Crown roads) unless applied by order under that section.
Schedule 11 provides for amendments consequential on the provisions of this Part.
“appropriate national authority” means—as regards England, the Secretary of State, and as regards Wales, the National Assembly for Wales;“approved device” means a device of a description specified in an order made by the appropriate national authority;“fixed penalty notice” has the meaning given by section 52(1) of the Road Traffic Offenders Act 1988 (c. 53);“GLA road” means—a GLA road within the meaning of the Highways Act 1980 (c. 66) (see sections 329(1) and 14D(1) of that Act), or a GLA side road within the meaning of the Road Traffic Regulation Act 1984 (c. 27) (see sections 124A(9) and 142(1) of that Act);“immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984;“local authority” means—as regards England, a county council, a London authority, a metropolitan district council or the Council of the Isles of Scilly, as regards Wales, a county or county borough council;“London authority” means a London local authority or Transport for London;“London local authority” means a London borough council or the Common Council of the City of London;“operator”, in relation to a vehicle, means a person who holds an operator's licence in respect of the vehicle under section 2 of the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23);“owner”, in relation to a vehicle, means the person by whom the vehicle is kept, which in the case of a vehicle registered under the Vehicle Excise and Registration Act 1994 (c. 22) is presumed (unless the contrary is proved) to be the person in whose name the vehicle is registered;“penalty charge” means a penalty charge imposed under this Part;“road” has the same meaning as in the Road Traffic Regulation Act 1984;“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) (see section 21(1) of that Act);“traffic sign” has the meaning given by section 64 of the Road Traffic Regulation Act 1984.
In this Part—
Any reference in this Part to contravention of an order, or of provision made by or under an order, includes a failure to comply with the order or provision.
In this Part the expressions listed below are defined or otherwise explained by the provisions indicated—
Miscellaneous and General
Section 21 of the Chronically Sick and Disabled Persons Act 1970 (c. 44) (badges for display on motor vehicles used by disabled persons) is amended as follows.
In subsection (4B) after “a badge” there is inserted “ purporting to be ”.
After subsection (4B) there is inserted—
In subsection (4C) after “(4B)” there is inserted “ or (4BD) ”.
In section 117 of the Road Traffic Regulation Act 1984 (c. 27) (wrongful use of disabled person's badge), in subsection (1)(a) after “badge” there is inserted “ purporting to be ”.
Section 55 of the Road Traffic Regulation Act 1984 (financial provisions relating to income and expenditure of local authority in connection with parking places) is amended as follows.
In subsection (4), for paragraph (d) (purposes for which surplus may be applied if further off-street parking not needed) substitute—
After subsection (4A) insert—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
References in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) to—are to be treated as references to those Acts as amended by this Act.
the Highways Act 1980 (c. 66),
the Road Traffic Regulation Act 1984 (c. 27), and
the New Roads and Street Works Act 1991 (c. 22),
There shall be paid out of money provided by Parliament—
any expenditure incurred by the Secretary of State in respect of—
traffic officers designated under Part 1 (including expenditure relating to the provision of financial assistance under section 14 or other expenditure relating to the provision of equipment, accommodation or other facilities);
the establishment and operation of regional centres for the management of traffic on his road network;
the provision, for purposes connected with the management of traffic on his road network, of information or advice to the public;
other activities carried out for purposes connected with the management of traffic on his road network;
any other expenditure incurred by the Secretary of State in consequence or by virtue of this Act;
any increase attributable to this Act in the sums payable out of money so provided by virtue of any other Act.
In this section references to the Secretary of State's road network are to the network of roads in England for which he is the traffic authority (within the meaning of the Road Traffic Regulation Act 1984).
Schedule 12 contains repeals.
The preceding provisions of this Act shall come into force on such day as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may appoint by order made by statutory instrument.
Different days may be appointed for different purposes.
For the purposes of Part 6 (civil enforcement of road traffic contraventions), and related repeals, different days may be appointed for different areas.
The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order made by statutory instrument make transitional provision or savings in connection with the coming into force of any provision of this Act.
This Act may be cited as the Traffic Management Act 2004.
This Act extends to England and Wales only.
Increase in maximum fines for certain summary offences under the 1991 Act
Schedule 4A to the New Roads and Street Works Act 1991
Schedule 4B to the New Roads and Street Works Act 1991
Schedule 3A to the New Roads and Street Works Act 1991
Schedule 22A to the Highways Act 1980
Schedule 22B to the Highways Act 1980
Road traffic contraventions subject to civil enforcement
Parking contraventions
Parking contraventions
References in this Part of this Act to a parking contravention shall be construed as follows.
Contraventions relating to parking places in Greater London
In Greater London there is a parking contravention in relation to a vehicle if the vehicle is stationary in a parking place and—
the vehicle has been left—
otherwise than as authorised by or under any order relating to the parking place, or
beyond the period of parking that has been paid for,
no parking charge payable with respect to the vehicle has been paid, or
there has been, with respect to the vehicle, a contravention of any provision made by or under any order relating to the parking place.
In sub-paragraph (1) “parking place” means—
a parking place designated by an order made under section 6, 9 or 45 of the Road Traffic Regulation Act 1984 (c. 27), or
an off-street parking place provided under section 32(1)(a) of that Act.
Other parking contraventions in Greater London
In Greater London there is a parking contravention in relation to a vehicle if it is stationary in circumstances in which any of the offences listed below is committed.
The offences are—
an offence under section 15 of the Greater London Council (General Powers) Act 1974 (c. xxiv) (parking on footways, verges, etc.);
an offence under section 8, 11, 16(1) or 16C of the Road Traffic Regulation Act 1984 (contravention of certain traffic orders) of contravening—
a prohibition or restriction on waiting of vehicles, or
provision relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act (conditions for loading or unloading, or delivering or collecting);
an offence under section 25(5) of the Road Traffic Regulation Act 1984 of contravening paragraph 1 or 3 of Part 5 of Schedule 14 to the Traffic Signs Regulations and General Directions 2016 (S.I. 2016/362) (prohibition on stopping vehicles on or near pedestrian crossings);
an offence under section 61(5) of the Road Traffic Regulation Act 1984 (parking in loading areas);
an offence under section 19 of the Road Traffic Act 1988 (c. 52) (parking of HGVs on verges, central reservations or footways);
an offence under section 21 of the Road Traffic Act 1988 (offences relating to cycle tracks) of parking a vehicle wholly or partly on a cycle track;
an offence under section 36(1) of the Road Traffic Act 1988 (failure to comply with traffic sign) of failing to comply with a sign of the type referred to in—
item 51 or 53 in the table in Part 2 of Schedule 14 to the Traffic Signs Regulations and General Directions 2016, where that sign is placed for the purposes of a signal-controlled crossing facility or a parallel crossing as defined by Schedule 1 to that Instrument; or
paragraph 1 of Part 6 of Schedule 7 to that Instrument (bus stop or bus stand clearway markings).
This paragraph does not apply to a contravention within paragraph 2 above (contraventions relating to parking places).
Parking contraventions outside Greater London
Outside Greater London there is a parking contravention in relation to a vehicle if it is stationary in circumstances in which any of the offences listed below is committed.
The offences are—
an offence under section 64(3) of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) of causing a vehicle to stop on part of a road appointed, or deemed to have been appointed, as a hackney carriage stand;
an offence under section 5, 11, 16(1) or 16C of the Road Traffic Regulation Act 1984 (c. 27) (contravention of certain traffic orders) of contravening a prohibition or restriction on waiting, or loading or unloading, of vehicles;
an offence committed in England under section 25(5) of the Road Traffic Regulation Act 1984 of contravening paragraph 1 or 3 of Part 5 of Schedule 14 to the Traffic Signs Regulations and General Directions 2016 (S.I. 2016/362);
an offence committed in Wales under section 25(5) of the Road Traffic Regulation Act 1984 of contravening regulation 18 or 20 of the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (S.I. 1997/2400) (prohibition on stopping vehicles on or near pedestrian crossings);
an offence under section 35A(1), 47(1) or 53(5) or (6) of the Road Traffic Regulation Act 1984 (offences in connection with parking places);
an offence under section 61(5) of the Road Traffic Regulation Act 1984 (parking in loading areas);
an offence under section 30(1) of the Exeter City Council Act 1987 (c. xi) (prohibition of parking vehicles on verges, central reservations and footways).
an offence under section 6(6) of the Essex Act 1987 (c. xx) of leaving a vehicle on any land in contravention of a prohibition under that section (prohibitions relating to verges and certain other land adjoining or accessible from highway);
an offence under section 19 of the Road Traffic Act 1988 (c. 52) (parking of HGVs on verges, central reservations or footways);
an offence under section 21 of the Road Traffic Act 1988 (offences relating to cycle tracks) of parking a vehicle wholly or partly on a cycle track;
an offence committed in England under section 36(1) of the Road Traffic Act 1988 (failure to comply with traffic sign) of failing to comply with a sign of the type referred to in—
item 51 or 53 in the table in Part 2 of Schedule 14 to the Traffic Signs Regulations and General Directions 2016, where that sign is placed for the purposes of a signal-controlled crossing facility or a parallel crossing as defined by Schedule 1 to that Instrument; or
paragraph 1 of Part 6 of Schedule 7 to that Instrument (bus stop or bus stand clearway markings);
an offence committed in Wales under section 36(1) of the Road Traffic Act 1988 (failure to comply with traffic sign) of failing to comply with a sign of a type referred to in—
regulation 10(1)(b) of the Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113) (zig-zag lines relating to certain crossings), or
regulation 29(1) of those regulations (bus stop or bus stand markings).
Outside Greater London there is a parking contravention in relation to a vehicle if it is parked in contravention of a prohibition imposed by an English local transport authority in accordance with regulations made under Schedule (Prohibition of parking on footways and verges) to the English Devolution and Community Empowerment Act 2026 (parking on footways and verges).
Power to add further offences
The appropriate national authority may by regulations amend paragraph 3 or 4 so as to add further offences (but only in so far as they relate to stationary vehicles).
Before making regulations amending paragraph 3 the Secretary of State shall consult—
the Commissioner of Police of the Metropolis and the Commissioner of Police for the City of London, and
such associations of London authorities (if any) as he thinks appropriate.
Before making regulations amending paragraph 4 the appropriate national authority shall consult—as the authority considers appropriate.
such representatives of chief officers of police, and
such associations of local authorities (if any),
Bus lane contraventions
Bus lane contraventions
A bus lane contravention is a contravention of any provision of a traffic order relating to the use of an area of road that is or forms part of a bus lane.
An area of road is or forms part of a bus lane if the order provides that it may be used—
only by buses (or a particular description of bus), or
only by buses (or a particular description of bus) and some other class or classes of vehicular traffic.
In this paragraph—
London lorry ban contraventions
London lorry ban contraventions
A London lorry ban contravention is a contravention of the Greater London (Restriction of Goods Vehicles) Traffic Order 1985 made by the Greater London Council under section 6 of the Road Traffic Regulation Act 1984, or any order replacing that order, as amended from time to time.
Moving traffic contraventions
Moving traffic contraventions
A moving traffic contravention is—
an offence under section 36 of the Road Traffic Act 1988 (c. 52) of failing to comply with the indication given by a traffic sign that is subject to civil enforcement (see paragraphs 8A and 9), or
an offence of failing to comply with a traffic order in so far as it makes provision for a requirement, restriction or prohibition that is conveyed by a traffic sign subject to civil enforcement.
In sub-paragraph (1)(b) “traffic order” means an order under section 1, 6, 9, 14 or 16A of the Road Traffic Regulation Act 1984 (c. 27).
If conduct is both a moving traffic contravention and a London lorry ban contravention (see Part 3 above), a penalty charge may only be imposed on the latter basis.
If in any other case the same conduct is a moving traffic contravention under sub-paragraph (1)(a) and (b), a penalty charge may be imposed on either basis but not both.
The tables in sub-paragraph (5) specify the traffic signs that are subject to civil enforcement in England.
In Table A—
column (1) sets out the description, corresponding to the description in the Traffic Signs Regulations and General Directions 2016 (S.I. 2016/362)(“the 2016 Regulations”), of the requirement, restriction or prohibition conveyed by the sign, and
column (2) sets out the number given to the diagram illustrating the sign in that instrument and the place in that instrument where that diagram appears.
The marking with diagram number 1027.1 is subject to civil enforcement in England only if it is placed in conjunction with an upright sign (within the meaning given in the 2016 Regulations) which includes the symbol at item 10 in Part 3 of Schedule 4 to the 2016 Regulations.
In Table B—
column (1) sets out the description, corresponding to the description in the Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113), of the requirement, restriction or prohibition conveyed by the sign, and
column (2) sets out the number given to the diagram illustrating the sign in that instrument and the place in that instrument where that diagram appears.
References in the tables to any sign include—
any permitted variant of that sign, and
where alternative types are shown, any of those types.
The tables are as follows—
Traffic signs subject to civil enforcement in Wales
The table below specifies the traffic signs that are subject to civil enforcement in Wales.
In the table—
column 1 sets out the description, corresponding to the description in the Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113), of the requirement, restriction or prohibition conveyed by the sign, and
column 2 sets out the number given to the diagram illustrating the sign in that instrument.
References in the table to any sign include any permitted variant of that sign.
The table is as follows:
Power to amend tables
The appropriate national authority may by regulations amend the relevant table so as to add further traffic signs.
A traffic sign may only be added to the relevant table if it is of a type—In paragraph (c) “offence involving obligatory endorsement” has the meaning given by section 96 of the Road Traffic Offenders Act 1988 (c. 53).
regulating the movement of vehicles (and not stationary vehicles),
to which section 36 of the Road Traffic Act 1988 (c. 52) applies (offence of failure to comply with traffic sign), and
failure to comply with which is not an offence involving obligatory endorsement.
Before making regulations under this paragraph the appropriate national authority shall consult—as the authority considers appropriate.
such representatives of chief officers of police, and
such associations of local authorities (if any),
In this paragraph “the relevant table” means—
as regards England, Table A or Table B in paragraph 8A(5);
as regards Wales, the table in paragraph 9(4).
Civil enforcement areas and enforcement authorities
In Greater London
Civil enforcement of parking contraventions relating to parking places
The whole of Greater London is a civil enforcement area for parking contraventions within paragraph 2 of Schedule 7 (contraventions relating to parking places).
References in this Part of this Act to the enforcement authority in relation to such contraventions are to the authority by whom the parking place in question was designated or provided.
Civil enforcement of other parking contraventions
The Secretary of State may, on an application by a London authority, make an order designating the whole or part of the authority's area as a civil enforcement area for parking contraventions within paragraph 3 of Schedule 7 (contraventions other than those relating to parking places).
An application may be made—
by Transport for London, to the extent that the civil enforcement area is to consist of GLA roads;
by a London local authority, to the extent that the civil enforcement area is to consist of roads other than GLA roads.
Before making an order under this paragraph the Secretary of State shall consult the Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London or, if appropriate, both of them.
An order in force immediately before the commencement of this Part of this Act designating an area in Greater London as a special parking area under section 76 of the Road Traffic Act 1991 (c. 40) has effect on and after the commencement of this Part of this Act as if it were an order under this paragraph designating that area as a civil enforcement area for such parking contraventions as are mentioned in sub-paragraph (1).
References in this Part of this Act to the enforcement authority in relation to such contraventions in Greater London are—
as respects parking, or any matter connected with or relating to parking, on or adjacent to a GLA road, to Transport for London;
as respects parking, or any matter connected with or relating to parking, on or adjacent to a road other than a GLA road, to the London local authority in whose area the road is situated.
Variation of civil enforcement area by Mayor of London
The Mayor of London may by order under this paragraph amend an order for the time being in force under paragraph 2 so as to vary the area that for the time being constitutes the civil enforcement area.
No such order may be made without the consent of the relevant London authority for every road that the order has the effect of bringing within, or removing from, the civil enforcement area.
The relevant London authority is—
as regards GLA roads, Transport for London;
as regards roads other than GLA roads, the London local authority in whose area the road is situated.
An order under this paragraph must not be such as to bring within a civil enforcement area an area as to which the Secretary of State has specified by order that it is expedient on grounds of national security that no part of it should be included in a civil enforcement area.
Civil enforcement of bus lane contraventions
The whole of Greater London is a civil enforcement area for bus lane contraventions.
References in this Part of this Act to the enforcement authority in relation to bus lane contraventions in Greater London are—
in relation to contraventions on GLA roads, to Transport for London or the relevant London local authority acting with the written consent of Transport for London;
in relation to contraventions on roads other than GLA roads, to the relevant London local authority or Transport for London acting with the written consent of the relevant London local authority.
Consent under sub-paragraph (2)(a) or (b) may be given with respect to the whole or part of the area of the relevant London local authority.
In this paragraph “the relevant London local authority” means the London local authority in whose area the contravention is committed.
Any consent in force immediately before the commencement of this Part of this Act for the purposes of the provisions of regulations under section 144 of the Transport Act 2000 (c. 38) corresponding to the provisions of this paragraph has effect on and after the commencement of this Part of this Act as if given under this paragraph.
Civil enforcement of London lorry ban contraventions
The whole of Greater London is a civil enforcement area for London lorry ban contraventions.
References in this Part of this Act to the enforcement authority in relation to such contraventions are—
in relation to contraventions on GLA roads, to Transport for London;
in relation to contraventions on roads other than GLA roads, to the London local authority in whose area the contravention is committed.
Civil enforcement of moving traffic contraventions: London local authorities
A London local authority may by resolution declare the whole or part of its area to be a civil enforcement area for moving traffic contraventions.
The resolution must specify the date on which it is to have effect, which must be not less than three months after publication of the notice required by sub-paragraph (3).
The authority shall cause notice to be published in a local newspaper circulating in their area—
of the passing of the resolution, and
of the general effect of the provisions of this Act coming into operation as a result of it.
A photocopy or other reproduction certified by the officer appointed for that purpose by the authority to be a reproduction of a page or part of a page of any such newspaper bearing the date of its publication and containing any such notice shall be evidence of the publication of the notice and of the date of publication.
A civil enforcement area declared by resolution under this paragraph does not extend to any GLA road.
In relation to moving traffic contraventions in a civil enforcement area created by resolution under this paragraph, references in this Part of this Act to the enforcement authority are to the London local authority by whom the resolution was passed or Transport for London acting with the written consent of that authority. Consent may be given with respect to the whole or part of the area of the London local authority.
Civil enforcement of moving traffic contraventions: Transport for London
Transport for London may declare the whole or part of one or more GLA roads to be a civil enforcement area for moving traffic contraventions.
The declaration must specify the date on which it is to have effect, which must be not less than three months after publication of the notice required by sub-paragraph (3).
Transport for London shall cause notice to be published in a local newspaper circulating in the area of each London local authority in which a road, or part of a road, to which the declaration relates is situated—
of the making of the declaration, and
of the general effect of the provisions of this Act coming into operation as a result of it.
A photocopy or other reproduction certified by the officer appointed for that purpose by Transport for London to be a reproduction of a page or part of a page of any such newspaper bearing the date of its publication and containing any such notice shall be evidence of the publication of the notice and of the date of publication.
In relation to moving traffic contraventions in a civil enforcement area declared under this paragraph, references in this Part of this Act to the enforcement authority are to Transport for London or the London local authority in whose area the contravention is committed acting with the written consent of Transport for London. Consent may be given with respect to the whole or part of the area of a London local authority.
Outside Greater London
Designation of civil enforcement areas for parking contraventions
The appropriate national authority may, on an application under this paragraph, make an order designating the whole or part of a local authority's area as a civil enforcement area for parking contraventions.
An application under this paragraph may be made—
with respect to the whole or part of their area, by a county council in England;
with respect to the whole or part of their area, by a county council or county borough council in Wales;
with respect to the whole of their area, by a metropolitan district council;
with respect to the whole of their areas, by two or more metropolitan district councils acting jointly;
with respect to the whole or part of the Isles of Scilly, by the Council of the Isles of Scilly.
Before making an order under this paragraph the appropriate national authority shall consult the appropriate chief officer of police.
An order in force immediately before the commencement of this Part of this Act designating an area outside Greater London as a permitted parking area and special parking area under paragraphs 1(1) and 2(1) of Schedule 3 to the Road Traffic Act 1991 (c. 40) has effect on and after the commencement of this Part of this Act as an order under this paragraph designating the area as a civil enforcement area for parking contraventions.
References in this Part of this Act to the enforcement authority in relation to parking contraventions in a civil enforcement area outside Greater London, are—
in relation to contraventions relating to a parking place—to the authority by whom the parking place was provided, authorised or designated;
provided or authorised under section 32(1)(a) or (b) of the Road Traffic Regulation Act 1984 (c. 27), or
designated by order under section 45 of that Act,
in relation to other parking contraventions, to the local authority in whose area the contravention is committed.
Designation of civil enforcement areas for bus lane contraventions
The appropriate national authority may make an order designating the whole or part of a local authority's area as a civil enforcement area for bus lane contraventions.
An area may only be so designated if it is within, or is co-extensive with, an area already designated as a civil enforcement area for parking contraventions.
An order in force immediately before the commencement of this Part of this Act approving a local authority for the purposes of section 144 of the Transport Act 2000 (c. 38) (civil penalties for bus lane contraventions) has effect on and after the commencement of this Part of this Act as an order under this paragraph designating as a civil enforcement area for bus lane contraventions so much of that authority's area as is a civil enforcement area for parking contraventions.
A notice given (and not withdrawn) before the commencement of this Part of this Act approving a local authority in England for the purposes of section 144 of the Transport Act 2000 (civil penalties for bus lane contraventions) has effect on and after the commencement of this Part of this Act (in relation to England) as an order under this paragraph designating as a civil enforcement area for bus lane contraventions so much of that authority's area as is a civil enforcement area for parking contraventions.
References in this Part of this Act to the enforcement authority in relation to bus lane contraventions outside Greater London—
are references to the local authority in whose area the contravention is committed;
if there is a qualifying CCA or combined authority for the area of that local authority, are also references to that authority or CCA (in addition to references that local authority).
There is a qualifying CCA or combined authority for the area of a local authority if—
the local authority is a constituent council of a CCA or combined authority, and
the CCA or combined authority has the written consent of the local authority to act as an enforcement authority in relation to bus lane contraventions in the local authority’s area.
In this paragraph—“CCA” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;“constituent council” means—in relation to a combined authority—a county council the whole or any part of whose area is within the area of the authority, or a district council whose area is within the area of the authority; in relation to a CCA—a county council for an area within the area of the CCA, or a unitary district council for an area within the area of the CCA; and here “unitary district council” means the council for a district for which there is no county council.
Designation of civil enforcement areas for moving traffic contraventions
The appropriate national authority may, on an application under this paragraph, make an order designating the whole or part of a local authority's area as a civil enforcement area for moving traffic contraventions.
An area may only be so designated if it is within, or is co-extensive with, an area already designated as a civil enforcement area for parking contraventions.
An application under this paragraph may be made—
with respect to the whole or part of their area, by a county council in England;
with respect to the whole or part of their area, by a county council or county borough council in Wales;
with respect to the whole or part of their area, by a metropolitan district council;
with respect to the whole of their areas, by two or more metropolitan district councils acting jointly;
with respect to the whole or part of the Isles of Scilly, by the Council of the Isles of Scilly.
Before making an order under this paragraph the appropriate national authority shall consult the appropriate chief officer of police.
In relation to a civil enforcement area designated by order under this paragraph on an application that was not a joint application, references in this Part of this Act to the enforcement authority—
are references to the applicant authority;
if there is a qualifying CCA or combined authority for the area of the applicant authority, are also references to that authority or CCA (in addition to references the applicant authority).
In relation to a civil enforcement area designated by order under this paragraph on a joint application, references in this Part of this Act to the enforcement authority—
are references to each applicant authority;
as respects the area of any applicant authority for which there is a qualifying CCA or combined authority, are also references to that authority or CCA (in addition to references that applicant authority).
There is a qualifying CCA or combined authority for the area of an applicant authority if—
the applicant authority is a constituent council of a CCA or combined authority, and
the CCA or combined authority has the written consent of the applicant authority to act as an enforcement authority in relation to moving traffic contraventions in the applicant authority’s area.
In this paragraph—“applicant authority” means the authority, or in the case of a joint application an authority, on whose application an order under this paragraph was made;“CCA”, “combined authority” and “constituent council” have the same meanings as in paragraph 9.
Civil enforcement: setting the level of charges
Charges to which this Schedule applies
Charges to which this Schedule applies
This Schedule provides for the setting of the levels of—
penalty charges, including any discounts or surcharges,
charges made by authorities under section 102 of the Road Traffic Regulation Act 1984 (c. 27) for the removal, storage and disposal of vehicles found in areas that are civil enforcement areas for parking contraventions, and
charges for the release of vehicles from an immobilisation device under regulations under section 79 above.
References in this Schedule to “charges” are to those charges.
Charges applicable in Greater London
Charges to be set by Transport for London or London local authorities
It is the duty—to set the levels of charges applicable in Greater London.
of Transport for London, so far as relating to contraventions on or adjacent to GLA roads, and
of the London local authorities, so far as relating to—
parking places provided or authorised by such authorities, or
contraventions on or adjacent to roads other than GLA roads,
Different levels of charges may be set for different areas in London and for different cases or classes of case.
Before setting the level of any charges Transport for London must consult the London local authorities.
Supervisory role of Mayor of London
Transport for London and the London local authorities must submit to the Mayor of London for his approval the levels of charges that they propose to set.
If—the levels of charges shall be set by order made by the Mayor of London.
Transport for London or the London local authorities fail to discharge their duty under paragraph 2, or
the Mayor of London does not approve the levels of charges proposed by the London local authorities,
Reserve powers of Secretary of State
The following provisions apply where the Mayor of London—
approves any levels of charges on a submission under paragraph 3(1), or
sets any such levels under paragraph 3(2).
The Mayor must notify the Secretary of State of the levels of charges so approved or set.
The levels of charges shall not come into force until after the expiration of—
the period of one month beginning with the date on which the notification is given, or
such shorter period as the Secretary of State may allow.
The Secretary of State may before the end of that period give notice to the Mayor of London that he objects to the levels of charges on the grounds that some or all of them are excessive. If he does so those levels of charges shall not come into force unless and until the objection has been withdrawn.
If at any time before the levels of charges have come into force, the Secretary of State considers that some or all of them are excessive, he may make regulations setting the levels of charges. Those levels must be no higher than those notified under sub-paragraph (2).
If the Secretary of State makes regulations under sub-paragraph (5) no further submission to the Mayor of London under paragraph 3(1) may be made until after the end of the period of twelve months beginning with the day on which the regulations are made.
Publication of levels of charges
Transport for London and the London local authorities shall publish, in such manner as the Mayor of London may determine, the levels of charges set in accordance with this Part of this Schedule.
The duty imposed by sub-paragraph (1) applies—
to Transport for London so far as the charges relate to contraventions on or adjacent to GLA roads, and
to the London local authorities so far as they relate to—
parking places provided or authorised by such authorities, or
contraventions on or adjacent to roads other than GLA roads.
Discharge of functions by London local authorities
The Secretary of State may make provision by regulations as to the discharge by London local authorities of the functions conferred on them by this Part of this Schedule.
The regulations may provide for the functions to be discharged by means of arrangements under section 101 of the Local Government Act 1972 (c. 70) (arrangements for discharge of functions by local authorities) or in such other way as the regulations may provide.
The regulations may make provision for continuing in force for the purposes of this Part of this Schedule any arrangements in force immediately before the commencement of this Part for the discharge of functions corresponding to the functions of London local authorities under this Part of this Schedule.
Charges applicable outside Greater London
Charges to be set by enforcement authority
Outside Greater London it is the duty of each enforcement authority to set the level of charges applicable in the case of contraventions for which they are the enforcement authority.
Different levels of charges may be set for different parts of a civil enforcement area and for different cases or classes of case.
Guidelines given by appropriate national authority
The levels of charges set by enforcement authorities under this Part of this Schedule must (subject to sub-paragraph (3)) accord with guidelines appended to an order made by the appropriate national authority.
Different guidelines may be given for different cases or classes of case.
An enforcement authority may, with the permission of the appropriate national authority, depart from any such guidelines.
Publication of levels of charges
An enforcement authority for an area outside Greater London shall publish, in such manner as the appropriate national authority may determine, the levels of charges set under this Part of this Schedule.
Civil enforcement: special enforcement areas
Designation of special enforcement areas in Greater London
The Secretary of State may, on an application by a London authority, make an order designating the whole or part of that authority's area as a special enforcement area.
An area may only be so designated if it is within, or is co-extensive with, an area that is a civil enforcement area for parking contraventions within paragraph 3 of Schedule 7 (parking contraventions other than those relating to parking places).
An application under this paragraph may be made—
by Transport for London, to the extent that the special enforcement area is to consist of GLA roads;
by a London local authority, to the extent that the special enforcement area is to consist of roads other than GLA roads.
Before making an order under this paragraph the Secretary of State shall consult the Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London or, if appropriate, both of them.
An order in force immediately before the commencement of this Part of this Act under section 76 of the Road Traffic Act 1991 (c. 40) designating an area in Greater London as a special parking area has effect on and after the commencement of this Part of this Act as if it were an order under this paragraph designating the area as a special enforcement area.
Variation of special enforcement area by Mayor of London
The Mayor of London may by order under this paragraph amend an order for the time being in force under paragraph 1 so as to vary the area that for the time being constitutes the special enforcement area.
No such order may be made without the consent of the relevant London authority for every road that the order has the effect of bringing within, or removing from, the special enforcement area.
The relevant London authority is—
as regards GLA roads, Transport for London;
as regards roads other than GLA roads, the London local authority in whose area the road is situated.
An order under this paragraph must not be such as to bring within a special enforcement area an area as to which the Secretary of State has specified by order that it is expedient on grounds of national security that no part of it should be included in a special enforcement area.
Designation of special enforcement areas outside Greater London
The appropriate national authority may, on an application under this paragraph, make an order designating the whole or part of a local authority's area as a special enforcement area.
An area may only be so designated if it is within, or is co-extensive with, an area that is a civil enforcement area for parking contraventions.
An application under this paragraph may be made—
with respect to the whole or part of their area, by a county council in England;
with respect to the whole or part of their area, by a county council or county borough council in Wales;
with respect to the whole of their area, by a metropolitan district council;
with respect to the whole of their areas, by two or more metropolitan district councils acting jointly;
with respect to the whole or part of the Isles of Scilly, by the Council of the Isles of Scilly.
Before making an order under this paragraph the appropriate national authority shall consult the appropriate chief officer of police.
An order in force immediately before the commencement of this Part of this Act under paragraph 2(1) of Schedule 3 to the Road Traffic Act 1991 designating an area outside Greater London as a special parking area has effect on and after the commencement of this Part of this Act as if it were an order under this paragraph designating the area as a special enforcement area.
Civil enforcement: consequential amendments
Road Traffic Regulation Act 1984
Section 46 of the Road Traffic Regulation Act 1984 (c. 27) (charges at, and regulation of, designated parking places) is amended as follows.
In subsection (1) after “outside Greater London” insert “ , and not in a civil enforcement area for parking contraventions, ”.
In subsection (1A) after “in Greater London” insert “ , or outside Greater London in a civil enforcement area for parking contraventions, ”.
After subsection (5) add—.
In section 63A of the Road Traffic Regulation Act 1984 (parking attendants), for subsection (4) (requirement to wear uniform) substitute—.
In section 101 of the Road Traffic Regulation Act 1984 (disposal of vehicles removed under that Act)—
in subsection (1) (power of competent authority to dispose of vehicle) for “Subject to subsections (3) to (5A) below” substitute “ Subject to subsection (3) and section 101A below ”;
omit subsections (4) to (6) (right of owner to recover vehicle or proceeds of sale).
After that section insert—.
Section 102 of the Road Traffic Regulation Act 1984 (c. 27) (charges for removal, storage and disposal of vehicles) is amended as follows.
For subsection (2) (recovery of charges) substitute—.
In subsection (8) (interpretation) at the appropriate place insert—;
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
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 40 (road traffic) for sub-paragraph (b) substitute—.
London Local Authorities Act 1995
In the London Local Authorities Act 1995 (c. x)—
in section 2 (interpretation), for the definition of “special parking area” substitute—;
in section 9(1) (special temporary prohibitions) for “special parking area” substitute “ special enforcement area ”.
London Local Authorities and Transport for London Act 2003
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—.
Repeals
Civil enforcement
Section 8(1A) and (1B).
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).
In section 102(8), the definition of “London authority” and the word “and” preceding it.
Section 43.
Section 68(2) and (3)(c).
Sections 69 to 74A.
Schedule 3.
Schedule 6.
Section 283(2) and (4).
Section 284.
Section 286.
In section 3(1), the definition of “special parking area”.
Schedule 1.
In Schedule 2—in the heading, the words from “4” to “and”; paragraph 1(a); paragraphs 5 and 6.
Schedule 3.
Other repeals
In Schedule 1, in column 2 of the entry relating 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 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 to section 163 of the Road Traffic Act 1988 the words “by constable in uniform”.