The Department for Transport (Fees) Order 2009

Citation, commencement and interpretation

2.—(1) In this Order—

“the 1976 Act” means the International Carriage of Perishable Foodstuffs Act 1976 (1)

“the 1981 Act” means the Public Passenger Vehicles Act 1981(2);

“the 1985 Act” means the Transport Act 1985(3)

“the 1987 Act” means the Finance (No.2) Act 1987;

“the 1988 Act” means the Road Traffic Act 1988(4)

“the 1994 Act” means the Vehicle Excise and Registration Act 1994(5)

“the 1995 Act” means that the Goods Vehicles (Licensing of Operators) Act 1995(6);

“enforcement and compliance functions” include, without limitation, any functions of or relating to—

(a)

the inspection, checking or monitoring of activities;

(b)

the investigation and prosecution of offences;

(c)

the suspension, revocation or discontinuance of any licence or permit, or disqualifying a person from holding such a licence or permit;

(d)

the issuing or imposition of any warning, restriction, condition or prohibition or the imposition of any other sanction other than prosecution;

(e)

the immobilisation, removal or disposal of any vehicle;

(f)

preparation for or participation in legal proceedings, including assistance to any court or tribunal;

(g)

development of enforcement policy or practice; and

(h)

any other action to promote enforcement of or compliance with any legal requirement, including the provision of guidance, advice, publicity or other assistance to encourage understanding and observance;

“examination for plating” and “goods vehicle test” have the same meaning as in section 49(4) of the 1988 Act;

“Minister’s approval certificate” has the same meaning as in section 58 of the 1988 Act;

“public service vehicle” has the same meaning as in section 1 of the 1981 Act(7);

“traffic commissioner” means a commissioner appointed under section 4(8) of the 1981 Act;

“senior traffic commissioner” means a traffic commissioner appointed by the Secretary of State as senior traffic commissioner under section 4A(9) of the 1981 Act and any reference to a traffic commissioner includes reference to the senior traffic commissioner;

“vehicle examiner” means an examiner appointed under section 66A(10) of the 1988 Act.

(2) In this Order references to powers to fix fees are references to powers of the Secretary of State.

(1)

1976 c.58

(2)

1981 c.14

(3)

1985 c.67

(4)

1988 c.52

(5)

1994 c.22

(6)

1995 c.23

(7)

Words were omitted from section 1(3) and (5) of the 1981 Act by Schedule 8 of the Transport Act 1985.

(8)

Section 4 of the 1981 Act was amended by section 2 of the Local Transport Act 2008 (c.26).

(9)

Section 4A of the 1981 Act was inserted by section 3 of the Local Transport Act 2008 (c.26).

(10)

Section 66A of the 1988 Act was inserted by section 9(1) of the Road Traffic Act 1991 (c.40).