Search Legislation

Traffic Management Act 2004

Status:

This is the original version (as it was originally enacted).

Section 77

SCHEDULE 9Civil enforcement: setting the level of charges

This schedule has no associated Explanatory Notes

Part 1Charges to which this Schedule applies

Charges to which this Schedule applies

1(1)This Schedule provides for the setting of the levels of—

(a)penalty charges, including any discounts or surcharges,

(b)charges made by authorities under section 102 of the Road Traffic Regulation Act 1984 (c. 27) for the removal, storage and disposal of vehicles found in areas that are civil enforcement areas for parking contraventions, and

(c)charges for the release of vehicles from an immobilisation device under regulations under section 79 above.

(2)References in this Schedule to “charges” are to those charges.

Part 2Charges applicable in Greater London

Charges to be set by Transport for London or London local authorities

2(1)It is the duty—

(a)of Transport for London, so far as relating to contraventions on or adjacent to GLA roads, and

(b)of the London local authorities, so far as relating to—

(i)parking places provided or authorised by such authorities, or

(ii)contraventions on or adjacent to roads other than GLA roads,

to set the levels of charges applicable in Greater London.

(2)Different levels of charges may be set for different areas in London and for different cases or classes of case.

(3)Before setting the level of any charges Transport for London must consult the London local authorities.

Supervisory role of Mayor of London

3(1)Transport for London and the London local authorities must submit to the Mayor of London for his approval the levels of charges that they propose to set.

(2)If—

(a)Transport for London or the London local authorities fail to discharge their duty under paragraph 2, or

(b)the Mayor of London does not approve the levels of charges proposed by the London local authorities,

the levels of charges shall be set by order made by the Mayor of London.

Reserve powers of Secretary of State

4(1)The following provisions apply where the Mayor of London—

(a)approves any levels of charges on a submission under paragraph 3(1), or

(b)sets any such levels under paragraph 3(2).

(2)The Mayor must notify the Secretary of State of the levels of charges so approved or set.

(3)The levels of charges shall not come into force until after the expiration of—

(a)the period of one month beginning with the date on which the notification is given, or

(b)such shorter period as the Secretary of State may allow.

(4)The Secretary of State may before the end of that period give notice to the Mayor of London that he objects to the levels of charges on the grounds that some or all of them are excessive.

If he does so those levels of charges shall not come into force unless and until the objection has been withdrawn.

(5)If at any time before the levels of charges have come into force, the Secretary of State considers that some or all of them are excessive, he may make regulations setting the levels of charges.

Those levels must be no higher than those notified under sub-paragraph (2).

(6)If the Secretary of State makes regulations under sub-paragraph (5) no further submission to the Mayor of London under paragraph 3(1) may be made until after the end of the period of twelve months beginning with the day on which the regulations are made.

Publication of levels of charges

5(1)Transport for London and the London local authorities shall publish, in such manner as the Mayor of London may determine, the levels of charges set in accordance with this Part of this Schedule.

(2)The duty imposed by sub-paragraph (1) applies—

(a)to Transport for London so far as the charges relate to contraventions on or adjacent to GLA roads, and

(b)to the London local authorities so far as they relate to—

(i)parking places provided or authorised by such authorities, or

(ii)contraventions on or adjacent to roads other than GLA roads.

Discharge of functions by London local authorities

6(1)The Secretary of State may make provision by regulations as to the discharge by London local authorities of the functions conferred on them by this Part of this Schedule.

(2)The regulations may provide for the functions to be discharged by means of arrangements under section 101 of the Local Government Act 1972 (c. 70) (arrangements for discharge of functions by local authorities) or in such other way as the regulations may provide.

(3)The regulations may make provision for continuing in force for the purposes of this Part of this Schedule any arrangements in force immediately before the commencement of this Part for the discharge of functions corresponding to the functions of London local authorities under this Part of this Schedule.

Part 3Charges applicable outside Greater London

Charges to be set by enforcement authority

7(1)Outside Greater London it is the duty of each enforcement authority to set the level of charges applicable in the case of contraventions for which they are the enforcement authority.

(2)Different levels of charges may be set for different parts of a civil enforcement area and for different cases or classes of case.

Guidelines given by appropriate national authority

8(1)The levels of charges set by enforcement authorities under this Part of this Schedule must (subject to sub-paragraph (3)) accord with guidelines appended to an order made by the appropriate national authority.

(2)Different guidelines may be given for different cases or classes of case.

(3)An enforcement authority may, with the permission of the appropriate national authority, depart from any such guidelines.

Publication of levels of charges

9An enforcement authority for an area outside Greater London shall publish, in such manner as the appropriate national authority may determine, the levels of charges set under this Part of this Schedule.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources