Statutory Instruments
COUNTY COURTS, ENGLAND AND WALES
Made
30th March 2001
Laid before Parliament
6th April 2001
Coming into force
1st June 2001
The Lord Chancellor, in exercise of the powers conferred on him by section 78 of the Road Traffic Act 1991(1) makes the following Order:—
1.—(1) This Order may be cited as the Enforcement of Road Traffic Debts (Amendment) Order 2001 and shall come into force on 1st June 2001.
(2) In this Order a reference to an article by number alone is a reference to the article so numbered in the Enforcement of Road Traffic Debts Order 1992(2).
2. The Enforcement of Road Traffic Debts Order 1993 shall be amended as follows.
3. For “the Act”, wherever it occurs, substitute “the 1991 Act”.
4. In article 1(2)—
(a)in the definition of “specified debts”, omit “Part II”;
(b)after the definition of “the 1991 Act”, insert:—
“;
“the 1996 Act” means the London Local Authorities Act 1996(3).”
5. In article 2—
(a)in paragraph (1), omit “as Part II”;
(b)for sub-paragraph (a) of paragraph (1), substitute—
“(a)an increased charge provided for in a charge certificate issued under—
(i)paragraph 6 of Schedule 6 to the 1991 Act(4);
(ii)paragraph 8 of Schedule 1 to the 1996 Act(5).”.
6. For article 3(2), substitute—
“(2) In paragraph (1) “the time for serving a statutory declaration” means, as the case may be—
(a)the period of 21 days allowed by—
(i)paragraph 8(1) of Schedule 6 to the 1991 Act; or
(ii)paragraph 10(1)(c) of Schedule 1 to the 1996 Act; or
(b)where a longer period has been allowed pursuant to—
(i)paragraph 8(4) of Schedule 6 to the 1991 Act; or
(ii)paragraph 10(4) of Schedule 1 to the 1996 Act,
that period.”.
Irvine of Lairg, C.
Dated 30th March 2001
(This note is not part of the Order)
This Order amends the Enforcement of Road Traffic Debts Order 1993 (S.I. 1993/2073) to provide for the enforcement in the county court of increased penalty charges provided for in charge certificates issued under paragraph 8 of Schedule 1 to the London Local Authorities Act 1996 (c. ix) (which deals with increased penalty charges for breach of provisions about bus lanes).
1991 c. 40; paragraph 9(3) of Schedule 1 to the London Local Authorities Act 1996 (c. ix) provides that section 78 of the Road Traffic Act 1991 shall have effect as though an increased penalty charge recoverable under paragraph 9(1) of Schedule 1 to the London Local Authorities Act 1996 were a Part II debt for the purposes of that section.
S.I. 1993/2073.
The Road Traffic Act 1991 (c. 40).
1996 c. ix; paragraph 8 of Schedule 1 was amended by paragraph 7 of Schedule 2 to the London Local Authorities Act 2000 (c. vii) and Schedule 1 is repealed by Schedule 31 to the Transport Act 2000 (c. 38) on such day as the Secretary of State may by order provide.