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

Amendment of the Traffic Management Act 2004 (Commencement No. 5 and Transitional Provisions) (England) Order 2007 E+W

3.—(1) The Traffic Management Act 2004 (Commencement No. 5 and Transitional Provisions) (England) Order 2007(1) is amended as follows.

(2) In article 5 (transitional modifications of the London Local Authorities Act 1996)—

(a) in paragraph (2) (modification of section 3(1)), for paragraph (b) substitute—

“(b) for the definition of “Joint Committee” there is substituted—

““Joint Committee” means the joint committee appointed pursuant to section 102(1)(b) of the Local Government Act 1972 to discharge the functions described in regulation 18 of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022;”;”;

(b) in paragraph (3)(a) (modification of section 6(1)) for “regulation 17 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007” substitute “regulation 16 of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022” (“the RTC Regulations”);

(c) in paragraph (3)(c), in the substituted section 6(3)—

(i) for the words from “Regulations 12(6)” to “committee),” substitute “Regulation 16(6) and (7) (reports by adjudicators and to the Secretary of State) of the RTC Regulations and”;

(ii) in paragraph (a), for “those Regulations” substitute “the RTC Regulations”;

(iii) for paragraph (b) substitute—

“(b) to the persons who exercise the functions of the enforcing authority for the purposes of Schedule 1 to this Act as they apply to the relevant enforcement authorities which are London authorities,”;

(d) in paragraph (3), after sub-paragraph (c), insert—

“(d) after subsection (3) there is inserted—

“(3A) For the purposes of subsection (3)—

(a) “the relevant enforcement authorities” has the same meaning as in section 81 of the Traffic Management Act 2004;

(b) “London authority” has the same meaning as in Part 6 of that Act (see section 92 of that Act).”;”;

(e) in paragraph (4), in the substituted section 8, for “regulation 24 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007” substitute “regulation 24 of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022”.

(3) In article 7 (transitional modifications of the London Local Authorities Act 2000)—

(a) in paragraph (2)(b) (modification of section 3(1): definition of “the [F1 Parking General Regulations]”), for “Civil Enforcement of Parking Contraventions (England) General Regulations 2007” substitute “Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022”;

(b) in paragraph (3) (modification of section 9)—

(i) in sub-paragraph (a), for “12(1)” substitute “13(1)”;

(ii) in sub-paragraph (b), for “14(2)(a) or (b)” substitute “15(1)(a) or (b)”.

(4) In article 8 (transitional modifications of the London Local Authorities and Transport for London Act 2003)—

(a) in paragraph (2) (modification of section 4)—

(i) in sub-paragraph (a) (modification of subsection (6)(b)), for “regulation 4(b) of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007” substitute “regulation 6 of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (“the RTC Regulations”) by reason of being a parking contravention within paragraph 3 of Schedule 7 to the Traffic Management Act 2004 in a civil enforcement area in Greater London,”;

(ii) for sub-paragraph (d) substitute—

“(d) in subsection (16), for the definition of “Joint Committee” there is substituted—

““Joint Committee” means the joint committee appointed pursuant to section 102(1)(b) of the Local Government Act 1972 to discharge the functions described in regulation 18 of the RTC Regulations;”.”;

(b) in paragraph (4)(b), in paragraph (i) (modification of paragraph 10(1) of Schedule 1), for “regulation 17 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 (S.I. 2007/3483)” substitute “regulation 16 of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (“the RTC Regulations”)”;

(c) in paragraph (4)(b), in paragraph (ii) (modification of paragraph 10(2) and (3) of Schedule 1), in the substituted sub-paragraph (3)—

(i) for the words from “Regulations 12(6)” to “committee),” substitute “Regulation 16(6) and (7) of the RTC Regulations and;”;

(ii) in paragraph (a) for “those Regulations” substitute “the RTC Regulations”;

(iii) for paragraph (b) substitute—

“(b) to the persons who exercise the functions of the enforcing authority as they apply to the relevant enforcement authorities which are London authorities,”;

(d) after paragraph (4)(b) insert—

“(c) after sub-paragraph (3) there is inserted—

“(3A) For the purposes of sub-paragraph (3)—

(a) “the relevant enforcement authorities” has the same meaning as in section 81 of the Traffic Management Act 2004;

(b) “London authority” has the same meaning as in Part 6 of that Act (see section 92 of that Act).”.”.

Textual Amendments

F1 Words in Sch. 4 para. 3(3)(a) substituted (15.7.2022) by The Civil Enforcement of Moving Traffic Contraventions Designations and Miscellaneous Amendments Order 2022 (S.I. 2022/686), arts. 1(3), 5(7)

Commencement Information

I1 Sch. 4 para. 3 in force at 31.5.2022, see reg. 1(2)

(1)

S.I. 2007/2053, as amended by S.I. 2008/757.