Office of Public Sector Information
10.—(1) Section 55 of the Road Traffic Regulation Act 1984(13) applies in relation to the income and expenditure of enforcement authorities in connection with their functions under Part 6 of the 2004 Act in relation to parking contraventions, subject to the following modifications.
(2) For subsection (1) there is substituted—
“(1) A local authority in Wales which is an enforcement authority must keep an account—
(a) of its income and expenditure in respect of any designated parking places in its area which are not in a civil enforcement area;
(b) of its income and expenditure (otherwise than as an enforcement authority) in respect of designated parking places in its area which are in a civil enforcement area; and
(c) of its income and expenditure in connection with its functions as an enforcement authority in relation to parking contraventions within paragraph 4 of Schedule 7 to the 2004 Act.”.
(3) For subsection (3A) there is substituted—
“(3A) A local authority in Wales which is an enforcement authority must after the end of each financial year send a copy of the account kept under subsection (1) to the Welsh Ministers.”.
(4) In subsection (3B) for the words “the end of” there is substituted “the conclusion of the audit of the accounts of the body concerned for”.
(5) In subsection (10) after “in this section—” there is inserted—
““the 2004 Act” means the Traffic Management Act 2004;
“enforcement authority” means an authority which is an enforcement authority for the purposes of Part 6 of the 2004 Act (pursuant to paragraphs 1(2), and 8(5) of Schedule 8) and references to the functions of an authority as an enforcement authority are to its functions under that Part of that Act;”.
11. Where, immediately before the coming into force of these Regulations there is a surplus in an account which is—
(a) kept under section 55 of the Road Traffic Regulation Act 1984 as modified in relation to that authority by an order made under Schedule 3 to the Road Traffic Act 1991(14); and
(b) kept by a local authority,
the surplus must be carried forward and treated as a surplus arising under section 55 as it is modified by regulation 10.
12. The Civil Enforcement of Parking Contraventions (General Provisions) (Wales) Regulations 2008 (15) are revoked.
Ieuan Wyn Jones
Minister for the Economy and Transport, one of the Welsh Ministers
29 April 2008
(This note is not part of the Regulations)
These Regulations revoke and replace the Civil Enforcement of Parking Contraventions (General Provisions) (Wales) Regulations 2008 (S.I. 2008/614 (W.66)). The Regulations provide for the civil enforcement of parking contraventions in Wales in accordance with Part 6 of the Traffic Management Act 2004. Part 6 of the 2004 Act and Regulations made thereunder supersede the provisions of Part II and Schedule 3 of the Road Traffic Act 1991.
Regulation 3 enables a penalty charge to be imposed for specified types of parking contravention. A penalty charge is payable by the owner of the vehicle concerned (regulation 4(1)), except in the circumstances specified in regulation 4(2) to (4) (vehicle hired from a vehicle hiring firm under a vehicle hiring agreement). In accordance with regulation 5, a penalty charge is not to be imposed except on the basis of a record produced by an “approved device” (see section 92(1) of the Traffic Management Act 2004 and the Civil Enforcement of Parking Contraventions (Approved Devices) (Wales) (No.2) Order 2008 (S.I. 2008/1215 (W.123)) or information given by a civil enforcement officer as to conduct observed by that officer. Regulation 6 provides that a penalty charge is not to be payable for a parking contravention where the contravention is the subject of criminal proceedings or a fixed penalty notice has been given under the Road Traffic Offenders Act 1988, but, if a penalty charge is in fact paid in either of those circumstances, it must be refunded by the enforcement authority.
Provision is made by Part 3 as to the immobilisation of vehicles. Regulation 7 defines when an immobilisation device may be fixed to a vehicle, requires a notice to be fixed to the vehicle at the time of immobilisation and creates the offences of interfering with the notice or the immobilisation device. Regulation 8 specifies exceptions to the general power to immobilise and regulation 9 specifies the pre-requisites for the release of a vehicle from an immobilisation device.
In Part 4, regulation 10 applies section 55 of the Road Traffic Regulation Act 1984, with modifications, to the income and expenditure of enforcement authorities under Part 6 of the Traffic Management Act 2004 and regulation 11 provides for the carrying forward of the surpluses by local authorities in accounts kept under section 55 as that section applied to those authorities under orders made under Schedule 3 to the Road Traffic Act 1991.
A full Regulatory Impact Assessment and Explanatory Memorandum can be obtained from the Integrated Transport Unit, Transport, Planning and Administration Division, Transport Wales, Welsh Assembly Government, Crown Offices, Cathays Park, Cardiff, CF10 3NQ or on the Welsh Assembly Government website at http://www.assemblywales.org/bus-home/buslegislation/bus/bus-legislation-sub/bus-legislation-sub-annulment.htm
In relation to Wales, section 55 was amended by the Local Government Finance Act 1988 (c. 41), Schedule 12, paragraph 42, by the New Roads and Street Works Act 1991 (c. 22), Schedule 8, paragraph 46,by the Road Traffic Act 1991, Schedule 7, paragraph 5, Schedule 8 and by the, Traffic Management Act 2004, section 95. Back [13]
S.I. 2008/614 (W.66). Back [15]
The Civil Enforcement of Parking Contraventions (General Provisions) (Wales) (No. 2) Regulations 2008