The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022

Modification of section 55 of the RTRA 1984: parking contraventions outside Greater London

27.—(1) Section 55 of the RTRA 1984 (financial provisions relating to income and expenditure from parking places) applies to a local authority (other than a London authority) which is also an enforcement authority in relation to OGL parking contraventions but as if it were modified as follows.

(2) For subsection (1) substitute—

“(1) A local authority (other than a London authority) which is also an enforcement authority (an “OGL authority”) must keep—

(a) an account of 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) an account of 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) an account of their income and expenditure in connection with their functions as an enforcement authority in relation to parking contraventions within paragraph 4 of Schedule 7 to the Traffic Management Act 2004 (parking contraventions outside Greater London).”.

(3) In subsection (2)—

(a) for “the account” substitute “any of the accounts”;

(b) omit the words “or, in Wales, council fund”.

(4) In subsection (3)—

(a) for “local authority” substitute “OGL authority”;

(b) for “the account” substitute “the relevant account”.

(5) Omit subsections (3A) and (3B).

(6) In subsection (4)—

(a) in paragraph (a), omit the words “or, in Wales, council fund”;

(b) in paragraph (b), for “local authority” substitute “OGL authority”;

(c) in paragraph (d), in the words before sub-paragraph (i), for “local authority” substitute, “OGL authority”;

(d) in paragraph (d)(i), for “local authority” substitute “OGL authority”;

(e) in paragraph (d)(ii)—

(i) omit the words “or road improvement project”;

(ii) for “local authority’s” substitute “OGL authority’s”;

(f) omit paragraph (d)(iii);

(g) in paragraph (d)(iv), for “local authority’s” substitute “OGL authority’s”;

(h) omit paragraphs (e) and (f).

(7) In subsection (4A)—

(a) for “the local authority” substitute “the OGL authority”;

(b) omit paragraph (b).

(8) Omit subsections (8) and (9).

(9) For subsection (10) substitute—

“(10) In this section—

(a) “enforcement authority” means an enforcement authority for the purposes of Part 6 of the Traffic Management Act 2004 (civil enforcement) pursuant to paragraph 8(5) of Schedule 8 to that Act;

(b) a reference to the income and expenditure of an OGL authority as an enforcement authority is to their income and expenditure in connection with their functions under Part 6 of the Traffic Management Act 2004;

(c) a reference to a civil enforcement area for parking contraventions is to be construed in accordance with paragraph 8 of Schedule 8 to that Act (designation of civil enforcement areas for parking contraventions outside Greater London).”.