Part XIV Miscellaneous and Supplementary Provisions

Prosecutions, appeals, etc.

C1312 Restriction on institution of proceedings.

1

F1Subject to subsection (3) below, proceedings for an offence under any provision of this Act to which this section applies or under byelaws made under any such provision shall not, without the written consent of the Attorney General, be taken by any person other than the person aggrieved, or a highway authority or council having an interest in the enforcement of the provision or byelaws in question.

2

This section applies to sections 167 and 177 above and to the provisions of this Act specified in Schedule 22 to this Act.

F23

A constable may take proceedings—

a

for an offence under paragraph (b) of section 171(6) above; or

b

for an offence under paragraph (c) of that subsection consisting of failure to perform a duty imposed by section 171(5)(a) above; or

c

for an offence under section 174 above,

without the consent of the Attorney General.