C1F1C2 Part I

Annotations:
Amendments (Textual)
F1

Pts. I and II (ss. 1-40) repealed (6.3.1992) by 1992 c. 14, s. 117(2), Sch.14 (with s. 118(1)(2)(4))

Modifications etc. (not altering text)
C1

Pt. I amended (28.11.1994) by S.I. 1994/2825, regs. 24, 25

C2

Pt. I applied in part (with modifications) by 2000 c. 38, Sch. 10 Pt. 2 para. 23 (as inserted (26.11.2008 for specified purposes, 9.2.2009 for E. in so far as not already in force, 1.4.2009 for W. in so far as not already in force) by Local Transport Act 2008 (c. 26), s. 134(1)(c)(4), Sch. 2 para. 15; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d))

Miscellaneous

28 Default powers as to resources.

1

If it appears to the Secretary of State that a charging authority has failed to comply with section 26(4) above he may direct the authority to supply him with such information as he considers necessary to enable him to decide whether his belief is well founded and what action (if any) he should take under subsection (3) below.

2

A direction under subsection (1) above—

a

must specify the information to be provided and the period within which it is to be provided;

b

may be amended by another direction under subsection (1) above;

c

may be revoked by a direction under this paragraph.

3

If the authority purports to comply with a direction under subsection (1) above or the period specified in the direction ends without its purporting to comply and (in either case) it still appears to the Secretary of State as mentioned in that subsection, he may direct the authority to provide the registration officer with such staff, accommodation and other resources as the Secretary of State considers sufficient to allow the officer’s functions under this Part to be exercised.

4

A direction under subsection (3) above—

a

must specify the staff, accommodation and other resources the authority is to provide under the direction and the period within which it is to provide them;

b

may include a requirement to make a report or periodic reports to the Secretary of State as to what steps have been taken to comply with the requirement included under paragraph (a) above and the results of taking them;

c

must, if a requirement is included under paragraph (b) above, specify the period within which any report is to be made;

d

may be amended by another direction under subsection (3) above (but without the need for a further direction under subsection (1) above);

e

may be revoked by a direction under this paragraph.