The Removal and Disposal of Vehicles (Amendment) (England) Regulations 2021

Statutory Instruments

2021 No. 461

Road Traffic, England

The Removal and Disposal of Vehicles (Amendment) (England) Regulations 2021

Made

12th April 2021

Laid before Parliament

13th April 2021

Coming into force

4th May 2021

The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by section 99(1) and (2) of the Road Traffic Regulation Act 1984(1).

The Secretary of State has consulted with representative organisations in accordance with section 134(2) of that Act(2).

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Removal and Disposal of Vehicles (Amendment) (England) Regulations 2021 and come into force on the 21st day after the day on which they are laid.

(2) These Regulations extend to England and Wales and Scotland.

(3) These Regulations apply in relation to England only.

Amendment of the Removal and Disposal of Vehicles Regulations 1986

2.  In regulation 5C(1)(b) (power of civil enforcement officers to remove vehicles in a civil enforcement area for parking contraventions in England) of the Removal and Disposal of Vehicles Regulations 1986(3), for “regulation 9” substitute “regulation 9A”.

Signed by authority of the Secretary of State for Transport

Vere

Parliamentary Under Secretary of State

Department for Transport

12th April 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the Removal and Disposal of Vehicles Regulations 1986 (S.I. 1986/183) by an amendment to regulation 5C.

Regulation 2 amends regulation 5C(1)(b) to substitute a reference to regulation 9A of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 (S.I. 2007/3483) (“the 2007 Regulations”) for a reference to regulation 9. This corrects an out of date cross-reference to the 2007 Regulations so that it refers to regulation 9A which provides for the service of a penalty charge notice where a vehicle is stationary on a road in a civil enforcement area.

A full impact assessment has not been produced for this instrument as it is not expected to have an impact on the private, public or voluntary sectors. An Explanatory Memorandum has been prepared for these Regulations and is available alongside this instrument on the UK legislation website, www.legislation.gov.uk.

(1)

1984 c. 27. Section 99(1) was amended by the Protection of Freedoms Act 2012 (c. 9), section 55. Section 99(2) was amended by the Road Traffic Act 1991 (c. 40), Section 83 and Schedule 8 and by the Protection of Freedoms Act 2012, section 55.

(2)

Section 134(2) was amended by the Scotland Act 2016 (c. 11), Section 44(1) and Schedule 2, paragraph 12(3).

(3)

S.I. 1986/183. Regulation 5C was inserted, in relation to England, by S.I. 2007/3484. There are other amending instruments but none is relevant.