PART III continued
In the [1984 c. 27.] Road Traffic Regulation Act 1984, the following section shall be inserted after section 106—
(1) Sections 104 and 105 of this Act shall extend throughout Greater London if the Secretary of State makes an order to that effect.
(2) If such an order is made, section 106 of this Act shall cease to apply in relation to Greater London when the order comes into force.
(3) Before such an order comes into force, section 106 of this Act shall have effect as if in subsection (7) the words “or by the Traffic Director for London” were added at the end and as if the following subsection were inserted after subsection (7)—
“(7A) Before making an order under this section at the request of the Traffic Director for London, the Secretary of State shall consult the appropriate local authority.”
(4) The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
(1) Where a London authority apply to the Secretary of State for an order to be made under this section, the Secretary of State may make an order designating the whole, or any part, of that authority’s area as a special parking area.
(2) Before making an order under this section, the Secretary of State shall consult the relevant Commissioner or, if appropriate, both Commissioners.
(3) While an order under this section is in force, the following provisions shall cease to apply in relation to the special parking area designated by the order—
(a) section 8 of the [1988 c. 53.] Road Traffic Regulation Act 1984 (contravention of, or failure to comply with, an order under section 6 of that Act to be an offence), so far as it relates to the contravention of, or failure to comply with, any provision of such an order—
(i) prohibiting or restricting the waiting of vehicles on any road; or
(ii) relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act (conditions for loading or unloading, or delivery or collecting);
(b) section 11 of the Act of 1984 (contravention of, or failure to comply with, an experimental traffic order under section 9 of that Act to be an offence), so far as it relates to any contravention of, or failure to comply with, any provision of such an experimental traffic order—
(i) prohibiting or restricting the waiting of vehicles on any road; or
(ii) relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act (conditions for loading or unloading, or delivery or collecting);
(c) section 16 of the Act of 1984 (contravention of a temporary restriction order or notice under section 14 of that Act to be an offence), so far as it relates to the contravention of any provision of an order or notice under section 14 of that Act which suspends any provision of an order made under section 45 or 46 of the Act of 1984;
(d) section 15 of the [1974 c. xxiv.] Greater London Council (General Powers) Act 1974 (parking of vehicles on verges, central reservations and footpaths etc. to be an offence);
(e) section 19 of the [1988 c. 52.] Road Traffic Act 1988 (parking of heavy vehicles on verges, central reservations and footpaths etc. to be an offence);
(f) section 21 of the Act of 1988 (prohibition of driving or parking on cycle tracks), so far as it makes it an offence to park a motor vehicle wholly or partly on a cycle track.
(4) The Secretary of State may by order amend subsection (3) above by adding further provisions (but only in so far as they apply in relation to stationary vehicles).
(5) Before making an order under subsection (4) above, the Secretary of State shall consult—
(a) the two Commissioners; and
(b) such associations of London authorities (if any) as he thinks appropriate.
(1) This section applies in relation to any vehicle which is stationary in a special parking area (but which is not in a designated parking place) in circumstances in which an offence would have been committed with respect to the vehicle but for section 76(3) above.
(2) A penalty charge shall be payable with respect to the vehicle by the owner of the vehicle.
(3) Section 66 of, and Schedule 6 to, this Act shall apply in relation to penalty charges payable by virtue of subsection (2) above, but subject to such modifications (if any) as the Secretary of State considers it appropriate to make in the order designating the special parking area in question.
(4) Where a parking attendant has reason to believe that a penalty charge is payable with respect to the vehicle by virtue of subsection (2) above, he or another person acting under his direction may fix an immobilisation device to the vehicle.
(5) Subsections (2) to (8) of section 69 of this Act shall apply in relation to a device fixed to a vehicle under subsection (4) above, but subject to such modifications (if any) as the Secretary of State considers it appropriate to make in the order designating the special parking area in question.
(6) An order under section 76 designating a special parking area may make such modifications of any provision of, or amended by, this Part of this Act as the Secretary of State considers appropriate in consequence of the provisions of section 76 or this section or of the order.
(1) In this section—
“certificated bailiff”, means any person authorised to act as such under subsection (6) below; and
“a Part II debt” means any sum which is—
(a) payable under, or by virtue of, any provision of this Part of this Act; and
(b) recoverable as if it were payable under a county court order.
(2) The Lord Chancellor may by order make provision—
(a) for warrants of execution in respect of Part II debts, or such class or classes of Part II debts as may be specified in the order, to be executed by certificated bailiffs;
(b) as to the requirements which must be satisfied before any person takes, with a view to enforcing the payment of—
(i) a Part II debt; or
(ii) such class or classes of Part II debts as may be so specified,
any other step of a kind specified by the order.
(3) Any such order may make such incidental and supplemental provision (including modifications of any enactment other than this Act) as the Lord Chancellor considers appropriate in consequence of the provision made by that order under subsection (2) above.
(4) The Lord Chancellor may by regulations make provision in connection with the certification of bailiffs under this section and the execution of warrants of execution by such bailiffs.
(5) The regulations may, in particular, make provision—
(a) as to the security (if any) to be required from certificated bailiffs;
(b) as to the fees and expenses payable with respect to executions by certificated bailiffs; and
(c) for the suspension or cancellation of certificates issued under this section and with respect to the effect of any such suspension or cancellation.
(6) For the purposes of this section, a person is a certificated bailiff if he is authorised to act as such by a certificate signed—
(a) by a judge assigned to a county court district; or
(b) in such circumstances as may be specified in regulations made by the Lord Chancellor, by a district judge.
(7) Any person who is not a certificated bailiff but who purports to levy a distress as such a bailiff, and any person authorising him to levy it, shall be deemed to have committed a trespass.
(1) Nothing in Part II of this Act applies in relation to any vehicle which—
(a) at the relevant time is used or appropriated for use for naval, military or airforce purposes;
(b) belongs to any visiting forces (within the meaning of the [1952 c. 67.] Visiting Forces Act 1952); or
(c) at the relevant time is used or appropriated for use, by any such forces.
(2) Sections 66 and 69 to 71 of this Act apply to—
(a) vehicles in the public service of the Crown which are required to be registered under the [1971 c. 10.] Vehicles (Excise) Act 1971 (other than those which are exempted by subsection (1)(a) above); and
(b) persons in the public service of the Crown.
(1) With a view to reimbursing (in whole or in part) reasonable costs incurred by any London authority under sections 54 to 59, 61 and 62 of this Act, the Director may make such payments to the authority as he considers appropriate.
(2) The Secretary of State may, with the consent of the Treasury, make such grants to the Director as he considers appropriate to enable the Director to discharge his functions.
The minor and consequential amendments set out in Schedule 7 to this Act shall have effect.
(1) In this Part of this Act—
“Commissioner” means the Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London;
“designated parking place” means a parking place in London which is designated as a parking place under an order made under section 6, 9 or 45 of the [1984 c. 27.] Road Traffic Regulation Act 1984;
“the Director” means the Traffic Director for London appointed under section 52 of this Act;
“immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984;
“the Joint Committee” has the meaning given by section 73(1) of this Act;
“local plan” has the meaning given in section 54(1) of this Act;
“local plan timetable” has the meaning given in section 54(7)(e) of this Act;
“London” means the area comprising the areas of the London boroughs, the City of London and the Temples;
“London authority” means any council of a London borough or the Common Council of the City of London;
“Minister’s trunk road local plan” has the meaning given in section 56(1);
“network plan” has the meaning given by section 53(1) of this Act;
“parking attendant” has the same meaning as in section 63A of the [1984 c. 27.] Road Traffic Regulation Act 1984 (which is inserted by section 44 of this Act);
“penalty charge” has the same meaning as in section 66 of this Act;
“prescribed” means prescribed by regulations made by the Secretary of State;
“priority route” means a road designated by a priority route order;
“priority route order” has the meaning given in section 50(1) of this Act;
“priority route network” has the meaning given in section 50(2) of this Act;
“road” has the same meaning as in the Road Traffic Regulation Act 1984;
“the Secretary of State’s parking guidance” has the meaning given in section 63(1) of this Act;
“the Secretary of State’s traffic management guidance” has the meaning given in section 51(1) of this Act;
“trunk road” has the same meaning as in section 10 of the [1980 c. 66.] Highways Act 1980;
“trunk road local plan” has the meaning given in section 55(3) of this Act;
“vehicle hiring agreement” and “vehicle-hire firm” have the same meanings as in section 66 of the [1988 c. 53.] Road Traffic Offenders Act 1988 (hired vehicles).
(2) For the purposes of this Part of this Act, the owner of a vehicle shall be taken to be the person by whom the vehicle is kept.
(3) In determining, for the purposes of this Part 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 [1971 c. 10.] Vehicles (Excise) Act 1971.
(4) Section 28 of the [1970 c. 44.] Chronically Sick and Disabled Persons Act 1970 (power to define “disability” and other expressions) shall apply in relation to this Part of this Act as it applies to that Act.
(5) In determining, for the purposes of any provision of this Part of this Act, whether a penalty charge has been paid before the end of a particular period, it shall be taken to be paid when it is received by the London authority concerned.
(6) Any power to make an order or regulations conferred by this Part shall be exercisable by statutory instrument.
(7) Any statutory instrument made under this Part of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.