Transport Act 2000

Enforcement of licensing schemes E+W

189 Penalty charges. E+W

(1) The appropriate national authority may by regulations make provision for or in connection with the imposition and payment of charges (“licensing scheme penalty charges”) in respect of acts, omissions, events or circumstances relating to or connected with licensing schemes under this Part.

(2) The regulations may include provision for or in connection with setting the rates of licensing scheme penalty charges (which may include provision for discounts or surcharges).

(3) Licensing scheme penalty charges in respect of any premises shall be paid—

(a) by the occupier of the premises, or

(b) in circumstances specified in regulations made by the appropriate national authority, by such person as is so specified.

(4) The Lord Chancellor may make regulations about the notification, adjudication and enforcement of licensing scheme penalty charges.

Commencement Information

I1 S. 189 partly in force; s. 189 not in force at Royal Assent see s. 275(1)(2); s. 189 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 189(1)(2)(3)(b)(4) wholly in force and s. 189(3)(a) in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1, paras. 15, 16

190 Rights of entry. E+W

(1) Where a person duly authorised in writing by the licensing authority, or any of the licensing authorities, in relation to a licensing scheme under this Part has reason to believe that workplace parking places are being provided at any premises in the licensing area, he may at any reasonable time enter the premises for ascertaining—

(a) whether any workplace parking places are being provided at the premises without a licence or a licence covering all the workplace parking places being provided, or

(b) whether there is or has been any contravention of the conditions of a licence in respect of the premises.

(2) A person duly authorised in writing by the licensing authority, or any of the licensing authorities, in relation to a licensing scheme under this Part may at any reasonable time enter any premises for the purpose of issuing notice of a licensing scheme penalty charge.

(3) A person authorised under subsection (1) or (2) to enter any premises shall, if so required, produce evidence of his authority before so entering.

(4) A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by subsection (1) or (2).

(5) A person guilty of an offence under subsection (4) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum, or

(b) on conviction on indictment, to a fine.

(6) Where any land is damaged in the exercise of a right of entry conferred under subsection (1) or (2), compensation in respect of that damage may be recovered by any person interested in the land from the authority on whose behalf the entry was effected.

(7) The provisions of section 118 of the M1 Town and Country Planning Act 1990 shall apply in relation to compensation under subsection (6) as they apply in relation to compensation under Part IV of that Act.

Commencement Information

I2 S. 190 partly in force; s. 190 not in force at Royal Assent see s. 275(1)(2); s. 190 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 190 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 16

Marginal Citations

M1 1990 c. 8.