(1)Subject to subsection (2), a TfL scheme may provide that any person who, without reasonable excuse, contravenes or fails to comply with any specified requirement of the scheme shall be liable on summary conviction to a fine for each offence not exceeding level 2 on the standard scale or not exceeding a lesser amount; but such a provision—
(a)shall not have effect unless and until it has been approved by the Secretary of State, and
(b)shall not apply in relation to anything done before the provision comes into effect.
(2)Subsection (1) shall not authorise the creation of an offence which consists only of—
(a)a failure to pay a charge or penalty charge imposed by a TfL scheme, or
(b)any other contravention or failure to comply with a requirement of a TfL scheme for which a penalty charge imposed by or under regulations made under paragraph 12 of Schedule 23 to the 1999 Act is payable.
(3)Nothing in this section shall affect the operation of section 8 (failure to notify changes in eligibility for exemptions etc.) or paragraph 25 or 27 of Schedule 23 to the 1999 Act (specific offences relating to road user charging).