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London Local Authorities and Transport for London
Bill
1 Citation and commencement
| (1) |
This Act may be cited as the London Local Authorities
and Transport for London Act 2006. |
| (2) |
This Act, except section 10 (Parking of commercial
vehicles) and section 12 (Driving on the footway) shall
come into operation at the end of the period of two months beginning
with the date on which it is passed. |
| (3) |
The said sections 10 and 12 shall come into
operation on the appointed day. |
2 Interpretation
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“the 1984 Act” means the Road Traffic
Regulation Act 1984 (c. 27); |
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“the 1991 Act” means the Road Traffic
Act 1991 (c. 40); |
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“the 2004 Act” means the Traffic Management
Act 2004 (c. 18); |
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“the Act of 2003” means the London Local
Authorities and Transport for London Act 2003 (c. iii); |
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“authorised officer”, in relation to
a London authority, a relevant highway authority, a relevant
street authority or a relevant traffic authority, means—
|
| (a) |
any employee of that authority; |
| (b) |
any person by whom, in pursuance of arrangements
made with the authority, any functions under this Act fall to
be discharged; or |
| (c) |
any employee of any such person, |
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who is authorised in writing by the authority to
act in relation to the relevant provision of this Act; |
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“borough council” means London borough
council and includes the Common Council of the City of London
in its capacity as a local authority and “borough”
and “council” shall be construed accordingly; |
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“immobilisation device” means any device
or appliance approved by the Secretary of State under section
104(9) of the 1984 Act; |
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“London authority” means a borough council
or Transport for London, as the case may be; |
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“relevant highway authority” means—
|
| (a) |
the borough council, as respects highways for which
they are the highway authority; |
| (b) |
Transport for London, as respects highways for which
they are the highway authority; |
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“relevant street authority” means—
|
| (a) |
the borough council, as respects roads for which
they are the street authority; |
| (b) |
Transport for London, as respects roads for which
they are the street authority, |
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under Part III of the New Roads and Street Works
Act 1991 (c. 22); |
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“relevant traffic authority” means—
|
| (a) |
the borough council, as respects roads for which
they are the traffic authority; |
| (b) |
Transport for London, as respects roads for which
they are the traffic authority. |
| (2) |
The owner of a vehicle for the purposes of this
Act shall be taken to be the person by whom the vehicle is kept.
|
| (3) |
In determining, for the purposes of this Act, who
was the owner of a vehicle at any time, it shall be presumed
that the owner was the person in whose name the vehicle was
at that time registered under the Vehicle Excise and Registration
Act 1994 (c. 22). |
3 Appointed
day
| (1) |
In subsection (3) of section 1 (Citation
and commencement) of this Act “the appointed day”
means such day as may be fixed as regards section 10
(Parking of commercial vehicles) or section 12 (Driving
on the footway)— |
| (a) |
by a decision of Transport for London; or |
| (b) |
by resolution of the borough council, |
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as the case may be, subject to and in accordance
with the provisions of this section. |
| (2) |
Different days may be fixed under this section for
the purpose of the application of provisions of either such
section to different areas. |
| (3) |
Different days may be fixed under this section for
the purpose of the application of provisions of either such
section to an area or any part of an area or different parts
of an area. |
| (4) |
The borough council or Transport for London, as
the case may be, shall cause to be published in a local newspaper
circulating in their area and in the London Gazette, notice—
|
| (a) |
of the passing of any such resolution or taking
of any such decision in relation to either such section and
of a day fixed by the resolution or decision; and |
| (b) |
of the general effect of the provisions of that
section coming into operation on that day, |
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and the day so fixed shall not be earlier than the
expiration of one month from the publication of the said notice. |
| (5) |
A photostatic or any other reproduction certified
by the officer appointed for that purpose by the borough council
or by Transport for London, as the case may be, to be a true
reproduction of a page or part of a page of any such newspaper
or London Gazette— |
| (a) |
bearing the date of its publication; and |
| (b) |
containing any such notice, |
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shall be evidence of the publication of the notice
and of the date of publication. |
PART
2
PARKING
ETC.
4 Parking
and loading etc.: waste collection and street cleansing vehicles
| (1) |
Subject to subsection (2) below, vehicles engaged
in specified operations are exempted from the operation of any
relevant road traffic order which has effect in relation to
a road or part of a road for which a London authority is the
traffic authority. |
| (2) |
Subsection (1) above shall not apply in any case
where the relevant traffic authority has made a road traffic
order which states that the relevant road traffic order shall
apply to vehicles engaged in specified operations. |
| (3) |
Subsection (1) is without prejudice to any existing
road traffic order which provides an exemption for vehicles
engaged in the collection of waste by a waste collection authority
or the cleaning of a highway by or on behalf of a relevant highway
authority at any time. |
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“relevant road traffic order” means any
road traffic order which— |
| (a) |
designates any place as a parking place; |
| (b) |
prohibits or restricts the waiting of vehicles on
any road; |
| (c) |
relates to any of the matters mentioned in paragraph
7 or 8 of Schedule 1 to the 1984 Act; |
| (d) |
provides that an area of road may only be used by
vehicles of a specified class or description; |
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“road traffic order” means an order made
under sections 6, 9 or 45 of the 1984 Act; |
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“specified operations” means the collection
of waste by a waste collection authority or the cleaning of
a highway by or on behalf of a relevant highway authority otherwise
than between the hours of 7.00 a.m. and 10.00 a.m. or 4.00 p.m.
and 7.00 p.m.; |
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“waste collection authority” means a
waste collection authority for the purposes of Part II of the
Environmental Protection Act 1990 (c. 43) or any person carrying
out the functions of such an authority. |
5 Unpaid
charges on unlawful release of vehicle: Road Traffic Act 1991
| (1) |
This section applies where an immobilisation device
has been fixed to a vehicle by a parking attendant or another
person acting under his direction under sections 69 or 77 of
the 1991 Act and the vehicle is released from the immobilisation
device unlawfully. |
| (2) |
Where this section applies, the person liable to
pay the penalty charge in respect of the contravention to which
the immobilisation of the vehicle relates shall also be liable
to pay the avoided release fee. |
| (3) |
Where this section applies, any notice to owner
served by a London authority under paragraph 1 of Schedule 6
to the 1991 Act shall, in addition to those matters mentioned
in paragraph 1(1) of that Schedule, state the amount of any
avoided release fee. |
| (4) |
Where this section applies, references to the penalty
charge in the paragraphs of the said Schedule 6 mentioned in
subsection (5) below shall be taken to include references to
the avoided release fee and the reference in paragraph 7 of
that Schedule to the increased charge shall be taken to include
a reference to the increased avoided release fee. |
| (5) |
Those paragraphs are— |
| (a) |
paragraphs 1(2)(c) and (d); |
| (c) |
paragraph 6(1) (in both cases); and |
| (6) |
The grounds on which a person may make representations
against a notice to owner under paragraph 2 of the said Schedule
6 shall include, as regards an avoided release fee, the following—
|
| (a) |
the immobilisation device was never fixed to the
vehicle; |
| (b) |
the immobilisation device was not removed unlawfully;
|
| (c) |
that, by virtue of an exemption given by section
70 of the 1991 Act, section 69 of that Act did not apply to
the vehicle at the time in question. |
| (7) |
In this section “avoided release fee”
means any fee which would have been payable under section 69(4)(b)
of the 1991 Act had the vehicle been released under that section.
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6 Unpaid
charges on unlawful release of vehicle: Traffic Management Act 2004
| (1) |
The Secretary of State may make regulations under
section 79 of the 2004 Act (immobilisation of vehicle where
penalty charge payable) reproducing the effect of section
5 (Unpaid charges on unlawful release of vehicle: Road Traffic
Act 1991) of this Act in relation to Greater London. |
| (2) |
Without prejudice to the generality of subsection
(1) above, such regulations may make provision for the service
of notices requiring payment of penalty charges, increased charges
and avoided release fees. |
| (3) |
The Lord Chancellor may make regulations under section
80 of the 2004 Act (representations and appeals) applicable
to Greater London dealing with representations and appeals in
relation to avoided release fees. |
7 Limitation
on service of notice to owner: parking
| (1) |
Section 7 (Limitation on service of notice to owner)
of the London Local Authorities Act 2000 (c. vii) is amended
as follows. |
| (a) |
for “Subject to subsection (3) below”
there is substituted “Subsection (2A) below applies”;
|
| (b) |
for the words from “a fresh notice to owner”
to the end of the subsection there is substituted— |
; or
| "(d) |
payment of the penalty charge has been made or
has purportedly been made before the expiry of the period
mentioned in subsection (1) above but the payment or purported
payment is subsequently cancelled or withdrawn.". |
| (3) |
After subsection (2) there is inserted— |
| "(2A) |
Subject to subsection (3) below, a fresh notice
to owner may not be served after the expiry of the period
of six months from— |
| "(a) |
the date of the cancellation of the notice to
owner; or |
| "(b) |
in a case falling within subsection (2)(c) above,
the date on which a notice is served under paragraph 8(5)(d)
of that schedule; or |
| "(c) |
in a case falling within subsection (2)(d) above,
the date on which notification is received that the payment
or purported payment had been cancelled or withdrawn.". |
| (a) |
the words “, that is to say a council or Transport
for London,” are omitted; |
| (b) |
after paragraph (c), there is inserted |
or
| "(d) |
the date on which the relevant authority receives
a notification that the payment or purported payment has been
cancelled or withdrawn in the circumstances mentioned in subsection
(2)(d) above"; |
| (c) |
for the words “subsection (1) or (2) above”
there is substituted “subsection (1) or (2A) above”.
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8 Limitation
on service of notice to owner: road traffic contraventions
| (1) |
Section 6 (Limitation on service of penalty charge
notice) of the Act of 2003 is amended as follows. |
| (a) |
for “Subject to the provisions of this section,”
there is substituted “Subsection (2A) below applies”;
|
| (b) |
for the words from “the borough council may”
to the end of the subsection there is substituted |
; or
| "(d) |
payment of the penalty charge has been made or
has purportedly been made before the expiry of the period
mentioned in subsection (1) above but the payment or purported
payment is subsequently cancelled or withdrawn.". |
| (3) |
After subsection (2) there is inserted— |
| "(2A) |
Subject to subsection (3) below, 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— |
| "(a) |
the date of the cancellation of the penalty charge
notice; or |
| "(b) |
in a case falling within subsection (2)(c) above,
the date on which the council or body are served with notice
under paragraph 7(8)(d) of the said Schedule; or |
| "(c) |
in a case falling within subsection (2)(d) above,
the date on which the council or body received notification
that the payment or purported payment had been cancelled or
withdrawn.". |
| (4) |
In subsection (4), after paragraph (c), there is
inserted |
or
| "(d) |
the date on which the council or body receives
a notification that the payment or purported payment has been
cancelled or withdrawn in the circumstances mentioned in subsection
(2)(d) above,". |
| (5) |
In subsection (5) for “subsection (1) or (2)
above” there is substituted “subsection (1) or (2A)
above”. |
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