London Local Authorities and Transport for London Bill [HL]—continued
Part 2—continued
        House of Lords

 

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6      Limitation on service of penalty charge notice

(1)    Subject to the provisions of this section, no penalty charge notice may be served under this Act after the expiry of the period of 28 days beginning with the date on which the alleged contravention or failure to comply ocurred.
(2)    Subject to the provisions of this section, where—
(a)    a penalty charge notice has been cancelled under paragraph 2 of Schedule 1 to this Act; or
(b)    a penalty charge notice has been cancelled in compliance with a direction given by a parking adjudicator under paragraph 4(2) of the said Schedule; or
(c)    a penalty charge notice is deemed to have been cancelled under paragraph 7(8)(c) of the said Schedule (deemed cancellation where a statutory declaration under paragraph 7(2)(a) of that Schedule is served under paragraph 7(1)(c)),
    the borough council or Transport for London , as the case may be, may not serve a fresh penalty charge notice after the expiry of the period of 28 days from the date of the cancellation of the penalty charge notice or, in a case falling within paragraph (c) above, the date on which that council or body are served with notice under paragraph 7(8)(d) of the said Schedule.
(3)    Subsection (6) below applies where the following conditions are met.
(4)    The first condition is that where a borough council or Transport for London, as the case may be, has before the expiry of 14 days from—
(a)    the date on which the alleged contravention or failure to comply occurred; or
(b)    the date of the cancellation of the penalty charge notice in the case where a penalty charge notice has been cancelled—
(i)    under paragraph 2 of the said Schedule; or
(ii)    in compliance with a direction given by a parking adjudicator under paragraph 4(2) of the said Schedule; or
(c)    the date on which the borough council or Transport for London, as the case may be, are served with notice under paragraph 7(8)(d) of the said Schedule where the penalty charge notice is deemed to have been cancelled under paragraph 7(8)(c),
    made a request to the Secretary of State for the supply of relevant particulars.
(5)    The second condition is that those particulars have not been supplied to the borough council or Transport for London, as the case may be, before the date after which that council or body would not be entitled to serve a penalty charge notice or a fresh penalty charge notice by virtue of subsection (1) or (2) above.
(6)    Where this subsection applies, the borough council or Transport for London, as the case may be, shall continue to be entitled to serve a penalty charge notice or a fresh penalty charge notice for a further period of 6 months beginning with the date mentioned in subsection (5) above.
(7)    In this section, “relevant particulars” are particulars relating to the identity of the owner of the vehicle contained in the register of mechanically propelled vehicles maintained by the Secretary of State under the Vehicle Excise and Registration Act 1994 (c. 22).

7      Disapplication of offences

(1)    This section applies to the following roads—
(a)    GLA roads and GLA side roads; and
(b)    any other road in the area of a borough council.
(2)    Section 8 of the Act of 1984 shall apply in respect of a road to which this section applies as if after subsection (1A), the following subsection were inserted—

    "(1B)    Subsection (1) above does not apply in relation to a prescribed order (as defined in section 4 (Penalty charges for road traffic contraventions) of the London Local Authorities and Transport for London Act 2003) or in relation to the lorry ban order (as so defined).".
(3)    Section 11 of the Act of 1984 shall apply in respect of a road to which this section applies as if after subsection (2), the following subsection were inserted—

    "(2A)    This section does not apply in relation to a prescribed order (as defined in section 4 (Penalty charges for road traffic contraventions) of the London Local Authorities and Transport for London Act 2003) or in relation to the lorry ban order (as so defined).".
(4)    Section 36 of the Road Traffic Act 1988 (c. 52) shall apply in respect of a road to which this section applies as if after subsection (1), the following subsection were inserted—

    "(1A)    Subsection (1) above does not apply in relation to a scheduled section 36 traffic sign (as defined in section 4 (Penalty charges for road traffic contraventions) of the London Local Authorities and Transport for London Act 2003).".

Fixed penalties

8      Fixed penalty offences

(1)    Where on any occasion an authorised officer of a borough council or Transport for London finds a person who he has reason to believe has on that occasion committed an offence under any of the enactments—
(a)    mentioned in columns (1) and (2) of the table set out in Schedule 4 to this Act; and
(b)    described in column (3) of that table;
    the officer may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.
(2)    The powers of an authorised officer of a borough council under subsection (1) above may be exercised only in relation to offences alleged to have been committed in respect of a highway in respect of which the council is highway authority.
(3)    The powers of an authorised officer of Transport for London under subsection (1) above may be exercised only in relation to offences alleged to have been committed in respect of a GLA road or a GLA side road.
(4)    Sections 9 (Fixed penalty notices), 10 (Levels of fixed penalties) and 11 (Fixed penalties: reserve powers of Secretary of State) of this Act shall apply in respect of fixed penalty notices under this section.
(5)    Schedule 2 to this Act shall have effect with respect to financial provisions relating to the administration and enforcement of this section and sections 9 to 11 (Fixed penalties) of this Act.
(6)    The Secretary of State may, by regulations, amend Schedule 4 to this Act by the addition of further offences to the list of offences therein described.

9      Fixed penalty notices

(1)    The provisions of this section shall have effect in relation to notices (“fixed penalty notices”) which may be given under section 8 (Fixed penalty offences) of this Act.
(2)    Where a person is given a fixed penalty notice in respect of an offence—
(a)    no proceedings shall be instituted for that offence before the expiration of 14 days following the date of the notice; and
(b)    he shall not be convicted of that offence if he pays the fixed penalty before the expiration of that period.
(3)    A fixed penalty notice under this section shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence and shall state—
(a)    the period during which, by virtue of subsection (2) above, proceedings will not be taken for the offence;
(b)    the amount of the fixed penalty; and
(c)    the name of the person to whom and the address at which the fixed penalty may be paid; and, without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of the penalty (in cash or otherwise).
(4)    Where a letter is sent in accordance with subsection (3) above, payment shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
(5)    The form of notices under this section shall be such as the Secretary of State may by regulations prescribe.
(6)    The fixed penalty payable in pursuance of a fixed penalty notice under this section shall be paid to the borough council or Transport for London, as the case may be.
(7)    In any proceedings a certificate which—
(a)    purports to be signed by or on behalf of the chief finance officer of the council, or as the case may be, Transport for London; and
(b)    states that payment of a fixed penalty was or was not received by a date specified in the certificate,
    shall be evidence of the facts stated.

10     Levels of fixed penalties

(1)    It shall be the duty of the borough councils and Transport for London to set the levels of fixed penalties payable to them.
(2)    Different levels may be set for different areas in Greater London and for different cases or classes of case.
(3)    In setting the level of fixed penalty under subsection (1) above the borough councils and Transport for London may take account of—
(a)    any reasonable costs or expected costs incurred or to be incurred in connection with the administration of the provisions of the enactment under which the particular fixed penalty offence is created; and
(b)    the cost or expected cost of enforcing the provisions of the relevant enactment.
(4)    Levels of fixed penalties set by the borough councils and Transport for London in accordance with this section may only come into force in accordance with section 11 (Fixed penalties: reserve powers of Secretary of State) of this Act.
(5)    The borough councils and Transport for London shall publish, in the same manner as they publish levels of additional parking charges which have been set in accordance with the provisions of section 74 of the Road Traffic Act 1991 (c. 40), the levels of fixed penalties which have been set by them in accordance with this section.
(6)    Before setting the levels of fixed penalties under this section, the borough councils and Transport for London shall establish a single joint committee under section 101(5) of the Local Government Act 1972 (c. 70).
(7)    The functions conferred on borough councils and Transport for London by this section and section 11 (Fixed penalties: reserve powers of Secretary of State) of this Act shall be discharged by the joint committee.

11     Fixed penalties: reserve powers of Secretary of State

(1)    Where the borough councils and Transport for London set any levels of fixed penalties under subsection (1) of section 10 (Levels of fixed penalties) of this Act, they shall notify the Secretary of State of the levels of fixed penalties so set.
(2)    Where notification of any levels of fixed penalties is required to be given under subsection (1) above, the levels of fixed penalties shall not come into force until after the expiration of—
(a)    the period of one month beginning with the day on which the notification is given; or
(b)    such shorter period as the Secretary of State may allow.
(3)    If, before the expiration of that period, the Secretary of State gives notice to the joint committee that he objects to the levels of fixed penalties on the grounds that some or all of them are or may be excessive, those levels of fixed penalties shall not come into force unless and until the objection has been withdrawn.
(4)    If, at any time before the levels of fixed penalties required to be notified under subsection (1) above to the Secretary of State have come into force, the Secretary of State considers that some or all of them are excessive, he may make regulations setting the levels of fixed penalties.
(5)    Levels of fixed penalties set under subsection (4) above must be no higher than those notified under subsection (1) above.
(6)    Where the Secretary of State makes any such regulations the borough councils and Transport for London must not set any further fixed penalties under the said subsection (1) until after the expiration of the period of 12 months beginning with the day on which the regulations are made.

Parking

12     Parking: application of revenue

Section 55 of the Act of 1984 shall apply as if, at the end of paragraph (f) of subsection (4) the following paragraph were inserted—

    "(fa)    in the case of a London authority, meeting costs incurred by the authority in respect of the maintenance of roads maintained at the public expense by them.".

13     False applications for parking authorisations

(1)    Insofar as subsection (2) of section 115 of the Act of 1984 (mishandling of parking documents and related offences) relates to any authorisation which may be issued by a borough council or by Transport for London, proceedings for an offence under that section may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge: but no such proceedings shall be brought by virtue of this section more than three years after the commission of the offence.
(2)    For the purposes of subsection (1) above a certificate signed by or on behalf of the prosecutor and stating the date on which evidence such as is mentioned in that subsection came to his knowledge, shall be conclusive evidence of that fact; and a certificate purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

14     Parking at dropped footways

(1)    This section shall apply to any part of the carriageway of—
(a)    any GLA road or GLA side road in a special parking area; and
(b)    any other road in a special parking area in the area of a borough council,
    which is adjacent to a dropped footway.
(2)    But this section shall not apply in respect of any part of the carriageway during any period in which—
(a)    an order under section 6 or section 9 of the Act of 1984 (which make provision about road traffic regulation orders) prohibits or permits the waiting of vehicles on it; or
(b)    an order under section 45 of the Act of 1984 (Designation of parking places on highways) provides for its use as a designated parking place.
(3)    A driver of a vehicle shall not at any time cause it to wait on a part of a road to which this section applies and the prohibition under this subsection shall be enforceable as if it had been imposed by an order under the said section 6.
(4)    Nothing in subsection (3) above shall require the placing of any traffic signs in connection with the prohibition thereby imposed.
(5)    Nothing in this section shall prohibit the driver of a vehicle from causing it to stop in the circumstances mentioned in subsection (2) above—
(a)    if the vehicle is being used for fire brigade, ambulance or police purposes; or
(b)    for so long as may be necessary to enable the vehicle, if it cannot be used for such purpose without stopping in the circumstances mentioned in subsection (2) above, to be used in connection with any building operation, demolition or excavation, the collection of waste by any council, the removal of any obstruction to traffic, the maintenance, improvement or reconstruction of the road, or the laying, erection, alteration, repair or cleaning of any traffic sign or sewer or of any main, pipe of apparatus for the supply of gas, water or electricity, or any telegraph or telephone wires, cables, posts or supports.
(6)    In this section—
  “dropped footway” means any part of the footway or verge where it has been lowered to meet the level of the carriageway of a road for the purpose of—
(a)    assisting pedestrians crossing the road; or
(b)    assisting vehicles to enter or leave the road across the footway or verge;
  “special parking area” means a special parking area designated by an order made by the Secretary of State under section 76(1) of the Road Traffic Act 1991 (c. 40);
  “road” has the same meaning as in section 142(1) of the Act of 1984.
 

 
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