The Civil Enforcement of Parking Contraventions (England) General Regulations 2007

PART 6 E+W FINANCIAL PROVISIONS

Setting the levels of charges applicable in Greater London E+W

24.—(1) The functions conferred on the London local authorities by Part 2 of Schedule 9 to the 2004 Act (charges applicable in Greater London) in relation to parking contraventions shall be exercised by those authorities jointly by means of the single joint committee set up in pursuance of regulation 15 (“the Joint Committee”).

(2) No person who represents Transport for London on that joint committee shall take any part in any proceedings of the Joint Committee so far as they relate to the discharge by the Joint Committee of functions conferred on the London local authorities by Part 2 of Schedule 9 to the 2004 Act.

(3) Any arrangements in force immediately before the coming into force of these Regulations for the discharge of functions under sections 74 and 74A of the Road Traffic Act 1991 by means of the joint committee set up under section 73 of that Act shall continue in force and have effect as if made under this regulation, until such time as they are varied or replaced.

Commencement Information

I1 Reg. 24 in force at 31.3.2008, see reg. 1(1)

Modification of section 55 of the Road Traffic Regulation Act 1984 E+W

25.—(1) Section 55 of the Road Traffic Regulation Act 1984(1) shall apply to enforcement authorities subject to the following modifications.

(2) For subsection (1) there shall be substituted—

“(1) An enforcement authority which is a London authority shall keep an account of—

(a) their income and expenditure under this Part of this Act in respect of designated parking places;

(b) their income and expenditure as an enforcement authority in relation to parking contraventions within paragraph 2 of Schedule 7 to the 2004 Act (parking places); and

(c) their income and expenditure as an enforcement authority in relation to parking contraventions within paragraph 3 of that Schedule (other parking matters).

(1A) An enforcement authority which is not a London authority shall keep an account of—

(a) their income and expenditure under this Part of this Act in respect of designated parking places in their area which are not in a civil enforcement area for parking contraventions;

(b) their income and expenditure under this Part of this Act in respect of designated parking places in their area which are in a civil enforcement area for parking contraventions; and

(c) their income and expenditure as an enforcement authority in relation to parking contraventions within paragraph 4 of Schedule 7 to the 2004 Act (contraventions outside London).”

(3) After subsection (3A) there shall be inserted—

“(3ZA) An enforcement authority which is a London authority shall, after each financial year, send a copy of the account kept by them under subsection (1) to the Mayor of London.

(3ZB) A copy of an account required to be sent under subsection (3ZA) shall be sent as soon as is reasonably practicable after the conclusion of the audit of the authority’s accounts for the financial year in question.”

(4) In subsection (10) before the definition of “London authority” there shall be inserted—

““the 2004 Act” means the Traffic Management Act 2004;

“enforcement authority” means an authority which is an enforcement authority for the purposes of paragraph 1(2), 2(5) or 8(5) of Schedule 8 to the 2004 Act (parking contraventions);”.

(5) After subsection (10) there shall be inserted the following subsections—

“(11) A reference in this section to the income and expenditure of an authority as an enforcement authority is to their income and expenditure in connection with their functions under Part 6 of the 2004 Act (civil enforcement).

(12) A reference in this section to a civil enforcement area for parking contraventions is to be construed in accordance with Schedule 8 to the 2004 Act.”

Commencement Information

I2 Reg. 25 in force at 31.3.2008, see reg. 1(1)

Surpluses to be carried forward E+W

26.  Where, immediately before the coming into force of these Regulations there is a surplus in an account which is—

(a) kept under section 55 of the Road Traffic Regulation Act 1984 as modified in relation to that authority by an order made under Schedule 3 to the Road Traffic Act 1991(2); and

(b) kept by a local authority which is not a London authority,

the surplus shall be carried forward and treated as a surplus arising under section 55 as it is modified by regulation 25.

Commencement Information

I3 Reg. 26 in force at 31.3.2008, see reg. 1(1)

(1)

In relation to England, section 55 was amended by the Local Government Act 1985 (c. 51), Schedule 5, paragraph 4(22), Schedule 17, by the Local Government (Finance) Act 1988 (c.41), Schedule 12, paragraph 42, By New Roads and Street Works Act 1991 (c.22), Schedule 8, paragraph 46, by the Road Traffic Act 1991, Schedule 7, paragraph 5, Schedule 8, by the Greater London Authority Act 1999 (c. 29), section 282, Schedule 34 and by the Traffic Management Act 2004, section 95.

(2)

In relation to England, Schedule 3 was amended by S.I. 1996/500, 2003/859.