Traffic Management Act 2004

82 Enforcement of penalty charges E+W

(1) The Lord Chancellor may make regulations for or in connection with the enforcement of penalty charges.

(2) The regulations may include provision—

(a) 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;

(b) for amounts payable under or by virtue of any provision of this Part to be recoverable, [F1 if the county ] court so orders, as if they were payable under a county court order.

An amount to which paragraph (b) applies that is so recoverable is referred to below as a “traffic contravention debt”.

(3) The Lord Chancellor may by order make provision—

F2 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) 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—

(i) a traffic contravention debt, or

(ii) such class or classes of traffic contravention debts as may be so specified.

(4) 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.

(5) 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.

Textual Amendments

F1 Words in s. 82(2)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 135; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2 S. 82(3)(a) repealed (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 156(a), Sch. 23 Pt. 3 (with s. 89); S.I. 2014/768, art. 2(1)(b)

Modifications etc. (not altering text)

C1 S. 82 modified (temp.) by 2003 c. iii Sch. 1 para. 6(3) (as modified by SI 2007/2053 art. 8(4)(a), as added) (17.3.2008) by Traffic Management Act 2004 (Commencement No.5 and Transitional Provisions) (England) (Amendment) Order 2008 (S.I. 2008/757), art. 5

C2 S. 82 modified (temp.) by 1996 c. ix Sch. 1 para. 9(3) (as modified by SI 2007/2053 art. 5(5), as added) (17.3.2008) by Traffic Management Act 2004 (Commencement No.5 and Transitional Provisions) (England) (Amendment) Order 2008 (S.I. 2008/757), art. 5

Commencement Information

I1 S. 82 in force at 26.10.2006 for W. by S.I. 2006/2826, art. 2(1)(2)(c)

I2 S. 82 in force at 23.7.2007 for E. by S.I. 2007/2053, arts. 1(2), 2(1)(2)(e) (with art. 4) (as amended (17.3.2008) by S.I. 2008/757, art. 3)