The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022

CHAPTER 1 Greater London

Setting the levels of charges applicable in Greater London

24.—(1) The functions conferred on the London local authorities by Part 2 of Schedule 9 to the TMA 2004 (charges applicable in Greater London) in relation to parking contraventions committed on or after the commencement date are to be exercised by those authorities jointly by means of the single joint committee set up in pursuance of regulation 18 (“the Joint Committee”).

(2) No person who represents Transport for London on the Joint Committee may take any part in any proceedings of the Joint Committee so far as they relate to the discharge by the Joint Committee of functions conferred on the London local authorities by Part 2 of Schedule 9 to the TMA 2004.

(3) Any relevant arrangements in force immediately before the commencement date are to continue in force and have effect as if made under this regulation, until such time as they are replaced by arrangements made under this regulation.

(4) Any relevant arrangements may, whilst they continue to have effect by virtue of paragraph (3), be varied by arrangements made under this regulation.

(5) In this regulation “relevant arrangements” means any arrangements which were made, or treated as made, for the purposes of regulation 15 of the 2007 General Regulations.

Modification of section 55 of the RTRA 1984: London authorities

25.—(1) Section 55 of the RTRA 1984(1) (financial provisions relating to income and expenditure from parking places) applies to a London authority which is also an enforcement authority in relation to parking contraventions within paragraph 2 or 3 of Schedule 7 to the TMA 2004 but as if it were modified as follows.

(2) For subsection (1) substitute—

“(1) A London authority which is also an enforcement authority (an “LE authority”) must keep—

(a) an account of their income and expenditure under this Part of this Act in respect of designated parking places,

(b) an account of their income and expenditure as an enforcement authority in relation to parking contraventions within paragraph 2 of Schedule 7 to the Traffic Management Act 2004 (contraventions in relation to parking places in Greater London), and

(c) an account of their income and expenditure as an enforcement authority in relation to parking contraventions within paragraph 3 of that Schedule (other parking contraventions in Greater London).

(1A) An LE authority must, after each financial year, send a copy of each of the accounts kept by them under subsection (1) to the Mayor of London.

(1B) The copies of the accounts required to be sent under subsection (1A) must be sent as soon as is reasonably possible after the conclusion of the audit of the authority’s accounts for the financial year in question.”.

(3) In subsection (2)—

(a) for “the account” substitute “any of the accounts”;

(b) omit the words “or, in Wales, council fund”.

(4) In subsection (3)—

(a) for “local authority” substitute “LE authority”;

(b) for “the account” substitute “the relevant account”.

(5) In subsection (3A)—

(a) for the words from “Transport for London” to “City of London”, substitute “The LE authority”;

(b) for “their account” substitute “any of their accounts”.

(6) In subsection (4)—

(a) in paragraph (a), omit the words “or, in Wales, council fund”;

(b) in paragraph (b), for “local authority” substitute “LE authority”;

(c) in paragraph (d), in the words before sub-paragraph (i), for “local authority” substitute, “LE authority”;

(d) in paragraph (d)(i), for “local authority” substitute “LE authority”;

(e) in paragraph (d)(ii)—

(i) omit the words “or road improvement project”;

(ii) for “local authority’s” substitute “LE authority’s”;

(f) in paragraph (d)(iii)—

(i) omit the words “in the case of a London authority,”;

(ii) for “the authority” substitute “the LE authority”;

(g) in paragraph (d)(iv), for “local authority’s” substitute “LE authority’s”;

(h) in paragraph (e), in the words before sub-paragraph (i)—

(i) omit the words “in the case of a London authority,”;

(ii) for “the authority” substitute “the LE authority”;

(i) in paragraph (f), in the words before sub-paragraph (i)—

(i) omit the words “in the case of a London authority,”;

(ii) for “any other London authority” substitute “any London authority (other than the LE authority)”;

(iii) for “other authority” substitute “London authority”;

(iv) for “the authority” substitute “the LE authority;

(j) in paragraph (f)(i), for “the account” substitute “any of the accounts”;

(k) in paragraph (f)(ii), for “that account” substitute “any of those accounts”.

(7) In subsection (4A)—

(a) in paragraph (a), for “the local authority” substitute “the LE authority”;

(b) omit paragraph (b).

(8) In subsection (10), before the definition of “London authority” insert—

““enforcement authority” means an enforcement authority for the purposes of Part 6 of the Traffic Management Act 2004 (civil enforcement) pursuant to paragraph 1(2) or 2(5) of Schedule 8 to that Act;”.

(9) After subsection (10) insert—

“(11) A reference in this section to the income and expenditure of an LE authority as an enforcement authority is to their income and expenditure in connection with their functions under Part 6 of the Traffic Management Act 2004.”.

(1)

In relation to England, section 55 was amended by the Local Government Act 1985 (c. 51), Schedule 5, paragraph 4(22), Schedule 17, by the Local Government (Finance) Act 1988 (c. 41), Schedule 12, paragraph 42, by the New Roads and Street Works Act 1991 (c. 22), Schedule 8, paragraph 46, by the Road Traffic Act 1991, Schedule 7, paragraph 5, Schedule 8, by the Greater London Authority Act 1999 (c. 29), section 282, Schedule 34 and by the TMA 2004, section 95.