- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Traffic Management Act 2004. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
1(1)This Schedule provides for the setting of the levels of—E+W
(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.
2(1)It is the duty—E+W
(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.
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.E+W
(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.
4(1)The following provisions apply where the Mayor of London—E+W
(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.
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.E+W
(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.
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.E+W
(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.
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.E+W
(2)Different levels of charges may be set for different parts of a civil enforcement area and for different cases or classes of case.
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.E+W
(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.
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.E+W
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.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: