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The Road Safety Act 2006 (Commencement No. 6) Order 2011

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Statutory Instruments

2011 No. 19 (C. 1)

Road Traffic

The Road Safety Act 2006 (Commencement No. 6) Order 2011

Made

10th January 2011

The Secretary of State for Transport makes the following Order in exercise of the powers conferred by section 61 of the Road Safety Act 2006(1).

Citation

1.  This Order may be cited as the Road Safety Act 2006 (Commencement No. 6) Order 2011.

Provisions coming into force

2.  The following provisions of the Road Safety Act 2006 shall come into force on 4th February 2011—

(a)section 22(1) and (2);

(b)section 22(3) and accordingly Schedule 5;

(c)section 22(5);

(d)section 22(6) to the extent to which it relates to subsection (7); and

(e)section 22(7).

Signed by authority of the Secretary of State

Mike Penning

Parliamentary Under Secretary of State

Department for Transport

10th January 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 4th February 2011 section 22(1) to (3), (5) and (7) of the Road Safety Act 2006 (“the 2006 Act”) (article 2). Subsection (6) of section 22 is also commenced to the extent to which it relates to subsection (7).

Section 22 relates to the new offence of keeping a vehicle which does not meet the insurance requirements and inserts new provisions in the Road Traffic Act 1988 (c.52) (“RTA”) and amends the Road Traffic Offenders Act 1988 (c.53) (“RTOA”).

Section 22(1) inserts sections 144A, 144B, 144C and 144D into the RTA to provide for the offence and exceptions to it, the giving of fixed penalty notices and its enforcement by the immobilisation, removal and disposal of vehicles.

Section 22(2) inserts section 159A into the RTA which makes provision for the Secretary of State to require the Motor Insurers’ Information Centre to disclose information for the purpose of enforcing offences under Part VI of the RTA and regulations under section 160 of that Act, including that of keeping a vehicle which does not meet the insurance requirements.

Section 22(3) inserts Schedule 2A into the RTA which provides for the making of regulations regarding enforcement of the offence by means of the immobilisation, removal and disposal of vehicles.

Section 22(5) to (7) amends the RTOA to provide the penalty for the offence of keeping a vehicle which does not meet the insurance requirements and to apply provisions of that Act regarding time limits for commencing proceedings for the offence and the admissibility of certificates and statements as evidence in those proceedings.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Road Safety Act 2006 have been brought into force by commencement order made before the date of this Order:

ProvisionDate of CommencementS.I. No.
Section 35.1.20092008/3164
Section 431.3.20092008/3164
Section 5 (and accordingly Schedule 1)31.3.20092008/3164
Sections 6 and 731.3.20092008/3164
Section 81.4.20092008/3164
Section 9 (and accordingly Schedule 2)1.4.20092008/3164
Section 11 (and accordingly Schedule 4)5.1.20092008/3164
Section 125.1.20092008/3164
Section 1424.9.20072007/2472
Sections 20 and 2118.8.20082008/1918
Sections 23 to 2524.9.20072007/2472
Section 2627.2.20072007/237
Sections 27 to 2924.9.20072007/2472
Section 30 in so far as section 3ZA of the Road Traffic Act 1988 has effect for the purposes of sections 3 and 3A of that Act24.9.20072007/2472
Section 30, to the extent not already commenced18.8.20082008/1918
Sections 31 to 3324.9.20072007/2472
Section 3627.2.20072007/237
Section 4027.2.20072007/237
Section 4124.9.20072007/2472
Section 4324.9.20072007/2472
Section 44 as to England and Wales16.3.20072007/466
Section 45 as to England and Wales30.7.20082008/1862
Section 4631.7.20082008/1864
Section 49A(2)9.2.20092009/107
Section 49B(3)9.2.20092009/107
Section 5027.2.20072007/237
Section 52 as to England and Wales16.3.20072007/466
Sections 53 as to England and Wales28.1.20082007/3492
Section 54 as to England and Wales31.3.20082007/3492
Section 55 as to England and Wales28.1.20082007/3492
Section 59 in so far as it relates to paragraph 1 of Schedule 7 (and accordingly paragraph 1 of Schedule 7)5.1.20092008/3164
Section 59 in so far as it relates to paragraph 2 of Schedule 7 (and accordingly paragraph 2 of Schedule 7)31.3.20092008/3164
Section 59 in so far as it relates to paragraph 3 of Schedule 7 (and accordingly paragraph 3 of Schedule 7)1.4.20092008/3164
Section 59 in so far as it relates to paragraphs 5 and 13 of Schedule 7 (and accordingly paragraphs 5 and 13 of Schedule 7)24.9.20072007/2472
Section 59 in so far as it relates to paragraphs 9, 12 and 16 of Schedule 7, (and accordingly paragraphs 9, 12 and 16 of Schedule 7)27.2.20072007/237
(2)

Section 49A was inserted by section 129 of the Local Transport Act 2008 (c.26).

(3)

Section 49B was inserted by section 130 of the Local Transport Act 2008.

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