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Statutory Instruments

2009 No. 478

Road Traffic, England

The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2009

Made

3rd March 2009

Laid before Parliament

6th March 2009

Coming into force

31st March 2009

These Regulations are made by the Secretary of State for Transport in exercise of the powers conferred by sections 72, 73(3), 79 and 89 of the Traffic Management Act 2004(1) and by the Lord Chancellor in exercise of the powers conferred on him by sections 78 and 89 of that Act:

Citation and commencement

1.  These Regulations may be cited as the Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2009 and shall come into force on 31st March 2009.

Revocation

2.  The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2008(2) are revoked.

Preliminary

3.  The Civil Enforcement of Parking Contraventions (England) General Regulations 2007(3) shall be amended as follows.

Interpretation

4.  In regulation 2, paragraph (1A) shall be omitted.

Evidence of contravention

5.  For regulation 6, there shall be substituted—

Evidence of contravention

6.  A penalty charge shall not be imposed except on the basis of—

(a)a record produced by an approved device; or

(b)information given by a civil enforcement officer as to conduct observed by that officer.

Signed by authority of the Secretary of State

Paul Clark

Parliamentary Under Secretary of State,

Department for Transport

3rd March 2009

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State,

Ministry of Justice

2nd March 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke the Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2008 (regulation 2) and revoke the amendments made by those Regulations to the Civil Enforcement of Parking Contraventions (England) General Regulations 2008 (regulations 3 and 4). Regulation 5 reinstates regulation 6 of the latter Regulations to substantially the form in which it was originally made.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

2004 c. 18; section 79 was amended by the Disability Discrimination Act 2005 (c. 13), Schedule 1, paragraph 48.