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Part III E+W+S Fixed Penalties

Modifications etc. (not altering text)

C1Pt. III (ss. 51–90) amended by (E.W.) S.I. 1990/335, art. 2(1) and (S.) S.I. 1990/466, art. 2(1)

Pt. III (ss. 51-90) amended (1.8.1999) by S.I. 1999/1851, art. 2(1)

C3Definition in Pt. III (ss. 51-90) applied (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 18(7)(b), 101(1) (with Sch. 12 para. 6); S.I. 1992/333, art. 2(2), Sch.2

MiscellaneousE+W+S

82 Accounting for fixed penalties: England and Wales.E+W+S

(1)In England and Wales, sums paid [F1to the fixed penalty clerk] by way of fixed penalty for an offence shall be treated for the purposes of [F2section 38 of the Courts Act 2003 (application of receipts of designated officers)] as if they were fines imposed on summary conviction for that offence.

F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Words in s. 82(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 320(2); S.I. 2005/910, art. 3(y)

Modifications etc. (not altering text)

C4S. 82 modified (temp.) (1.4.1995) by S.I. 1995/685, reg. 6(2)(b)

S. 82 modified (19.6.1997) by 1997 c. 25, s. 73(1), 74, Sch. 4 Pt. II, para. 7(2)(d)(i)

C5S. 82(1)(2): Functions of the Secretary of State transferred to the Lord Chancellor (1.4.1992) by S.I. 1992/709, art. 2(1), Sch. 1

83 Powers of court [F4in cases of deception].E+W+S

F5(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(1A)This section F7... applies where—

(a)particulars are endorsed on a person's driving record under section 57A of this Act because the fixed penalty clerk or the Secretary of State is deceived as to whether endorsement under that section is excluded by section 61A(2) of this Act by virtue of the fact that the person to whom the fixed penalty notice was given would be liable to be disqualified under section 35 of this Act if he were convicted of the offence, or

(b)particulars are endorsed on a person's driving record under section 77A of this Act because the appropriate person or court is deceived as to whether proceedings against the person are excluded by section 76 of this Act by virtue of the fact that the person to whom the conditional offer is issued would be liable to be disqualified under section 35 of this Act if he were convicted of the offence.]

(2)If—

(a)the deception constituted or was due to an offence committed by the [F8person to whom the fixed penalty notice was given or conditional offer was issued] , and

(b)[F9he] is convicted of that offence,

the court by or before which he is convicted shall have the same powers and duties as it would have had if he had also been convicted by or before it of the offence of which particulars were endorsed under section F10... [F1157A] or, as the case may be, F12... [F1377A] of this Act.

Textual Amendments

F4Words in s. 83 heading substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 21(3); S.I. 2008/3164, art. 3(b)

84 Regulations.E+W+S

The Secretary of State may by regulations make provision as to any matter incidental to the operation of this Part of this Act, and in particular—

(a)for prescribing any information or further information to be provided in any notice, notification, certificate or receipt under section 52(1), F14... 59(1), F15... 63(2), 70(2) and (3)(b), 73(4)(b), [F1675(1), (1A), (2), (3) or (3B) or 76(3)(c) or (4)(b)] of this Act or in any official form for a statutory statement mentioned in Schedule 4 to, or a statement under section 66(2) of, this Act, [F17and

(b)the amount of the penalty stated in the offer is less than the fixed penalty applicable in the circumstances,]

Textual Amendments

F15Words in s. 84(a) repealed (8.11.2006) by Road Safety Act 2006 (c. 49), s. 61(9), Sch. 7(19)

F17S. 84(b) and word substituted for s. 84(b)(c) (5.1.2009) by Road Safety Act 2006 (c. 49), ss. 3(3), 61(1)(10) (with s. 61(3)); S.I. 2008/3164, art. 2(a)

[F1884ANotices to Secretary of StateE+W+S

Any notice sent to the Secretary of State under this Part must be sent in such manner and to such address and contain such particulars as the Secretary of State may determine.]

Textual Amendments

85 Service of documents.E+W+S

[F19(A1)Subsections (A2) to (A4) apply in relation to an offence alleged to have taken place in England and Wales.

(A2)Subject to any requirement of this Part of this Act with respect to the manner in which a person may be provided with any such document, the person may be provided with the following documents in accordance with Criminal Procedure Rules (but without prejudice to any other method of providing them), that is to say—

(a)any of the statutory statements mentioned in Schedule 4 to this Act, and

(b)any of the documents mentioned in section 66(2) of this Act.

(A3)A notice to owner may be served on any person in accordance with Criminal Procedure Rules.

(A4)For the purposes of subsections (A2) and (A3)—

(a)Criminal Procedure Rules (as they have effect from time to time) apply to the document to be provided or (as the case may be) the notice to be served as if it were a document to be served in criminal proceedings before a magistrates’ court, and

(b)any magistrates’ court may discharge functions conferred on a court by those Rules in relation to such service.

(A5)Subsections (1) to (5) apply in relation to an offence alleged to have taken place outside England and Wales.]

(1)Subject to any requirement of this Part of this Act with respect to the manner in which a person may be provided with any such document, he may be provided with the following documents by post (but without prejudice to any other method of providing him with them), that is to say—

(a)any of the statutory statements mentioned in Schedule 4 to this Act, and

(b)any of the documents mentioned in section 66(2) of this Act.

(2)Where a notice requesting a hearing in respect of an offence is permitted by a fixed penalty notice or notice to owner relating to that offence to be given by post, section 7 of the M1Interpretation Act 1978 (service of documents by post) shall apply as if that notice were permitted to be so given by this Act.

(3)A notice to owner may be served on any person—

(a)by delivering it to him or by leaving it at his proper address, or

(b)by sending it to him by post,

and where the person on whom such a notice is to be served is a body corporate it is duly served if it is served on the secretary or clerk of that body.

(4)For the purposes of this Part of this Act and of section 7 of the M2Interpretation Act 1978 as it applies for the purposes of subsection (3) above the proper address of any person in relation to the service on him of a notice to owner is—

(a)in the case of the secretary or clerk of a body corporate, that of the registered or principal office of that body or the registered address of the person who is or was the registered keeper of the vehicle concerned at the time of service, and

(b)in any other case, his last known address at the time of service.

(5)In subsection (4) above, “registered address”, in relation to the registered keeper of a vehicle, means the address recorded in the record kept under [F20the Vehicle Excise and Registration Act 1994] with respect to that vehicle as being that person’s address.

Textual Amendments

F20Words in s. 85(5) substituted (1.9.1994) by 1994 c. 22, s. 63, Sch. 3 para. 25(1) (with s. 57(4))

Marginal Citations

86 Functions of traffic wardens.E+W+S

(1)An order under section 95(5) of the M3Road Traffic Regulation Act 1984 may not authorise the employment of a traffic warden to discharge any function under this Part of this Act in respect of an offence if the offence appears to the traffic warden to be an offence involving obligatory endorsement [F21unless that offence was committed whilst the vehicle concerned was stationary.].

(2)In so far as an order under that section authorises the employment of traffic wardens for the purposes of this Part of this Act, references in this Part of this Act to a constable or, as the case may be, to a constable in uniform include a traffic warden.

Textual Amendments

Marginal Citations

87 Guidance on application of Part III.E+W+S

The Secretary of State must issue guidance to chief officers of police for police areas [F22and to the chief constable of the British Transport Police]in respect of the operation of this Part of this Act with the objective so far as possible of working towards uniformity.

Textual Amendments

F22Words in s. 87 inserted (1.10.2002) by 2002 c. 30, s. 76; S.I. 2002/2306, art. 2(d)(vii)

88 Procedure for regulations and orders.E+W+S

(1)Any power conferred by this Part of this Act on the Secretary of State to make any order or regulations shall be exercisable by statutory instrument.

(2)Before making—

(a)an order under section 51, 53 or 75 of this Act, or

(b)regulations under section 84 of this Act,

the Secretary of State must consult with such representative organisations as he thinks fit.

(3)A statutory instrument containing regulations or an order under any provision of this Part of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)Regulations under this Part of this Act may—

(a)make different provision for different cases, and

(b)contain such incidental and supplemental provisions as the Secretary of State considers expedient for the purposes of the regulations.

89 Interpretation.E+W+S

(1)In this Part of this Act—

(2)In this Part of this Act—

(a)references to a notice requesting a hearing in respect of an offence are references to a notice indicating that the person giving the notice wishes to contest liability for the offence or seeks a determination by a court with respect to the appropriate punishment for the offence,

(b)references to an offence include an alleged offence, and

(c)references to the person who is or was at any time the registered keeper of a vehicle are references to the person in whose name the vehicle is or was at that time registered under [F39the Vehicle Excise and Registration Act 1994].

[F40(3)For the purposes of this Part of this Act, a person commits a “Community drivers’ hours offence” if the person commits a fixed penalty offence under—

(a)section 96(11A) of the Transport Act 1968 (permitted driving time and periods of duty);

(b)section 98(4)(b) of the Transport Act 1968 (written records);

(c)section 99C of the Transport Act 1968 (failure to comply with prohibition), where the prohibition is imposed under section 99A(1)(b)(ii); or

(d)section 3(1) of the Road Traffic (Foreign Vehicles) Act 1972 (enforcement provisions) where the offence arises as a result of a contravention of the applicable Community rules.]

Textual Amendments

F26Definition in s. 89 ceases to have effect (1.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), Sch. 5 para. 4; S.I. 2004/1572, art. 3(jjj)

F27S. 89(1): Definition of British Transport Police inserted (1.10.2002) by 2002 c. 30, s. 76(6); S.I. 2002/2306, art. 2(d)(vii)

F36S. 89(1): words in definition of "court of summary jurisdiction" substituted (1.4.1996) by 1995 c. 13, s. 5, Sch. 4 para. 71(10)

F37S. 89(1): Definition of “justices' clerk” repealed (1.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. V(7) (with s. 107, Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2(c)(ii) (with Sch. 2 para. 2)

F38Definition in s. 89(1) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 23; S.I. 2008/3164, art. 3(b)

F39Words in s. 89(2)(c) substituted (1.9.1994) by 1994 c. 22, s. 63, Sch. 3 para. 25(1)

Marginal Citations

90 Index to Part III.E+W+S

The expressions listed in the left hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Part of this Act listed in the right-hand column in relation to those expressions.

[F41The applicable Community rules Section 89(1)]
F42. . .F42. . .
[F43Community drivers’ hours offence Section 89(3)]
[F44The Community Drivers’ Hours Regulation Section 89(1)]
[F45Contracting third country Section 89(1)]
Conditional offer[F4675(5)]
Fixed penaltySection 53
Fixed penalty clerkSection 69(4) [F47and [F4875(6)]]
Fixed penalty noticeSection 52
Fixed penalty offenceSection 51
Notice to ownerSections 63(2) and 66(4)
Notice requesting a hearing in respect of an offenceSection 89(2)
OffenceSection 89(2)
Official formSection 68(4)
OwnerSection 68(1)
Period allowed for response to a notice to ownerSection 63(5)
Proper address, in relation to the service of a notice to ownerSection 85(4)
Registered keeperSection 89(2)
Statutory statement of factsPart II of Schedule 4
Statutory statement of hiringPart I of Schedule 4
Statutory statement of ownershipPart I of Schedule 4
Suspended enforcement periodSection 52(3)(a)
Time of the alleged offenceSection 63(3)

Textual Amendments

F46Words in s. 90 substituted (8.11.2006) by Road Safety Act 2006 (c. 49), ss. 58(5)(a), 61(9)

F48Words in s. 90 substituted (8.11.2006) by Road Safety Act 2006 (c. 49), ss. 58(5)(b), 61(9)