- 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.
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)The appropriate national authority may make provision by regulations for or in connection with—
(a)the imposition of penalty charges in respect of road traffic contraventions that—
(i)are subject to civil enforcement (see section 73), and
(ii)are committed in an area that is a civil enforcement area for contraventions of that description (see section 74), and
(b)the payment of such penalty charges.
(2)The regulations shall include provision specifying the person or persons by whom a penalty charge in respect of a contravention is to be paid (who may be the owner of the vehicle involved in the contravention, its driver at the time of the contravention or any other appropriate person).
(3)The regulations shall include provision in respect of any description of conduct for which a penalty charge may be imposed—
(a)prohibiting criminal proceedings or the issuing of a fixed penalty notice in respect of conduct of that description, or
(b)securing that a penalty charge is not required to be paid, or is refunded, where the conduct is the subject of criminal proceedings or of a fixed penalty notice.
(4)The regulations may include provision prohibiting the imposition of a penalty charge except on the basis of—
(a)a record produced by an approved device, or
(b)information given by a civil enforcement officer as to conduct observed by him.
(5)The regulations may—
(a)specify exemptions from penalty charges, and
(b)make provision for discounts or surcharges, or both.
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.
Click 'View More' or select 'More Resources' tab for additional information including: