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

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Introduction

PART 1
Preliminary

1 Citation, commencement, extent and application

2 Interpretation

3 Service by post or electronically

4 Approved Devices

PART 2
Penalty charges for relevant road traffic contraventions

5 Imposition of penalty charges for relevant road traffic contraventions

6 Person by whom a penalty charge is to be paid

7 Evidence of contravention

8 Criminal proceedings for relevant road traffic contraventions

9 Penalty charge notices for parking contraventions: service by civil enforcement officers

10 Penalty charge notices for relevant road traffic contraventions: enforcement authority

11 Circumstances in which notification of a penalty charge for a parking contravention on a road in a civil enforcement area may be given otherwise than by fixing a notice to the vehicle

12 Removal of, or interference with, a penalty charge notice

PART 3
Immobilisation of vehicles for parking contraventions

13 Power to immobilise vehicles

14 Limitations on the power to immobilise vehicles

15 Release of immobilised vehicles

PART 4
Adjudicators

16 Appointment etc of adjudicators

17 Adjudication process and remuneration of adjudicators: expenses of the relevant enforcement authorities

18 Discharge of functions of enforcement authorities relating to adjudicators: in Greater London

19 Discharge of functions of enforcement authorities relating to adjudicators: outside Greater London

PART 5
Enforcement of penalty charges

20 Notice to owner

21 Charge certificate

22 Enforcement of charge certificate

23 Invalid notices

PART 6
Financial provisions

CHAPTER 1 Greater London

24 Setting the levels of charges applicable in Greater London

25 Modification of section 55 of the RTRA 1984: London authorities

CHAPTER 2 Outside Greater London

26 Guidelines for the level of charges applicable outside Greater London

27 Modification of section 55 of the RTRA 1984: parking contraventions outside Greater London

28 Income and expenditure in connection with OGL bus lane contraventions

29 Income and expenditure in connection with OGL moving traffic contraventions

30 Surpluses to be carried forward

31 Use of surpluses

PART 7
Consequential, Transitional and Savings Provisions

32 Revocations

33 Transitional provisions and savings: general

34 Transitional provisions and savings in connection with the revocation of the 2007 General Regulations: existing contraventions, existing offences and related matters

35 Transitional provisions and savings: outstanding penalty charges

36 Transitional provisions and savings in connection with the revocation of the 2007 General Regulations: adjudicators and related reports

37 Transitional provisions and savings in connection with the revocation of the 2007 General Regulations: arbitration

38 Transitional provisions and savings in connection with the revocation of the 2007 General Regulations: accounts kept by a London authority

39 Transitional provisions and savings in connection with the revocation of the 2007 General Regulations: accounts kept by enforcement authorities outside Greater London

40 Transitional provisions and savings: approved devices

41 Transitional provisions and savings: charging guidelines

42 Consequential amendments

PART 8
Amendments related to traffic signs that are subject to civil enforcement

43 Traffic signs that are subject to civil enforcement

SCHEDULES

SCHEDULE 1 Specified requirements for approved devices

SCHEDULE 2 Penalty charge notices

SCHEDULE 3 Guidelines for the setting by enforcement authorities of charges for relevant road traffic contraventions etc outside Greater London

SCHEDULE 4 Consequential Amendments

SCHEDULE 5 Amendments relating to traffic signs

Signature

Explanatory note

PART 4Adjudicators

Appointment etc of adjudicators16.

(1)

The relevant enforcement authorities25 must appoint such number of adjudicators for the purposes of Part 6 of the TMA 2004 on such terms as they may decide.

(2)

A decision by those authorities to appoint a person as an adjudicator does not have effect without the consent of the Lord Chancellor.

(3)

A decision of the authorities—

(a)

not to re-appoint a person as an adjudicator, or

(b)

to remove a person from office as an adjudicator,

does not have effect without the consent of the Lord Chancellor and of the Lord Chief Justice.

(4)

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 200526) to exercise the Lord Chief Justice’s functions under paragraph (3).

(5)

An adjudicator who—

(a)

was appointed under regulation 11 of the Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 200527 or regulation 17 of the 2007 General Regulations, and

(b)

held office immediately before the commencement date,

is to be treated as having been appointed under this regulation on the same terms as those on which they held office at that time.

(6)

Each adjudicator must make an annual report to the relevant enforcement authorities which appointed the adjudicator in accordance with such requirements as may be imposed by those authorities.

(7)

The relevant enforcement authorities must make and publish an annual report to the Secretary of State on the discharge by the adjudicators of their functions.

(8)

In this regulation “relevant parking contravention” means—

(a)

a parking contravention within paragraph 2 of Schedule 7 to the TMA 2004 (parking contraventions relating to parking places in Greater London) in Greater London,

(b)

a parking contravention within paragraph 3 of that Schedule (other parking contraventions in Greater London) in a civil enforcement area in Greater London, or

(c)

an OGL parking contravention.