London Local Authorities and Transport for London Act 2008 (c. 3)

Part 6 Miscellaneous

26 Fixed penalties under the Act of 2003

Section 9 (fixed penalty notices) of the Act of 2003 is amended as follows—

(a) in subsection (2)(a), for “14 days” there is substituted “28 days”;

(b) in subsection (3), the following paragraph is inserted before the word “and” at the end of paragraph (b)—

“(ba) that if the fixed penalty is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the fixed penalty will be reduced by the specified proportion;”;

(c) after subsection (7), the following subsection is inserted—

“(8) In this section—

(a) “chief finance officer” in relation to a borough council or Transport for London means the person having responsibility for the financial affairs of the council or Transport for London, as the case may be;

(b) “specified proportion” means such proportion, applicable in all cases, as may be determined for the purposes of this section by the borough councils acting through the Joint Committee as defined in section 4(16) of this Act.”.

27 Minor amendments to the Act of 2003

The Act of 2003 is amended as follows—

(a) in subsection (10) of section 4 (penalty charges for road traffic contraventions), for “appointing authorities” there is substituted “the borough councils and Transport for London”;

(b) in subsection (1) of section 16 (vehicle crossings over footways and verges) for the words from “the relevant authority” to the end of the subsection there is substituted “the relevant authority may serve a notice requiring the occupier, within the period specified in the notice (being no sooner than 28 days from the date on which the notice is served), to cease taking or permitting to be taken mechanically propelled vehicles across the kerbed footway or verge.”;

(c) in subsections (4)(c)(ii) and (9)(b) of the said section 16 for “the council” there is substituted “the authority”;

(d) in subsection (7) of section 17 (removal of things deposited on the highway)—

(i) for “If the highway authority proceed under this subsection, no sooner” there is substituted “No later”;

(ii) for “they shall” there is substituted “the highway authority shall”;

(e) in subsection (14) of the said section 17, for “removing it”, in both places where those words appear, there is substituted “removing, storing and disposing of it”;

(f) in subsection (19)(a) of the said section 17, for “subsection (1)” there is substituted “subsection (2)”.