London Local Authorities and Transport for London Act 2008

PART 1 Preliminary

1 Citation and commencement

(1) This Act may be cited as the London Local Authorities and Transport for London Act 2008.

(2) This Act, except Part 5 (non-payment of penalty charges) of this Act 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 Part 5 shall come into operation on the appointed day.

2 Interpretation

In this Act—

• “the 1984 Act” means the Road Traffic Regulation Act 1984 (c. 27);

• “the 1991 Act” means the Road Traffic Act 1991 (c. 40);

• “the 2004 Act” means the Traffic Management Act 2004 (c. 18);

• “the Act of 2003” means the London Local Authorities and Transport for London Act 2003 (c. iii);

• “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;

• “immobilisation device” means any device or appliance approved by the Secretary of State under section 104(9) of the 1984 Act;

• “London authority” means a borough council or Transport for London, as the case may be.

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 Part 5 (non-payment of penalty charges) of this Act—

(a) by a decision of Transport for London; or

(b) by resolution of the borough council,

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 the said Part 5 to different areas.

(3) Different days may be fixed under this section for the purpose of the application of provisions of the said Part 5 to an area or any part of an area or different parts of an area.

(4) Different days may be fixed under this section for the purpose of the application of the said Part 5 to be different types of penalty charge (within the meaning given by section 14 (interpretation of Part 5) of this Act).

(5) A London authority may not fix a day under this section for the purpose of the application of the said Part 5 to a particular type of penalty charge if penalty charges of that type are not payable to them under the specified enactment (within the meaning given by the said section 14) in question.

(6) 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 the said Part 5 and of a day fixed by the resolution or decision; and

(b) of the general effect of the provisions of that Part coming into operation on that day,

and the day so fixed shall not be earlier than the expiration of one month from the publication of the notice in the London Gazette.

(7) 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,

shall be evidence of the publication of the notice and of the date of publication.