The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2008

S.I. 2008/1513 · Made 11 June 2008 · Extends to England and Wales

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 3 July 2008.

See the changes not yet applied

Provision	Change	Made by
Regulations	revoked	Civil Enforcement of Parking Contraventions General 2009 reg. 2

Road Traffic, England

Made 11th June 2008

Laid before Parliament 12th June 2008

Coming into force 3rd July 2008

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^f1 and by the Lord Chancellor in exercise of the powers conferred on him by sections 78 and 89 of that Act:

Annotations to the whole text

Footnotes

f1: 2004 c. 18.

1Citation and commencement
2Preliminary
3Interpretation
4Evidence of contravention
Signature
Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2008 and shall come into force on 3rd July 2008.

2PreliminaryI1

The Civil Enforcement of Parking Contraventions (England) General Regulations 2007^f1 shall be amended as follows.

3InterpretationI1

In regulation 2, the following paragraph shall be inserted after paragraph (1)—

“(1A)
References in these Regulations, except in regulation 6, to a “civil enforcement officer” include, in relation to parking contraventions in a civil enforcement area outside Greater London relating to a parking place provided or authorised under section 32(1)(a) or (b) of the Road Traffic Regulation Act 1984^f1, a parking attendant appointed under section 63A of that Act.”

4Evidence of contraventionI1

For regulation 6 there shall be substituted—

“Evidence of contravention

6.

(1)
Subject to paragraph (2), 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.

(2)
Paragraph (1) does not apply in relation to parking contraventions in a civil enforcement area outside Greater London relating to a parking place provided or authorised under section 32(1)(a) or (b) of the Road Traffic Regulation Act 1984.”

Signature

Signed by authority of the Secretary of State

Rosie Winterton

Minster of State,

Department for Transport

9th June 2008

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State,

Ministry of Justice

11th June 2008

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 (“the General Regulations”). Regulation 3 of these Regulations amends regulation 2 of the General Regulations so that references in those Regulations (except regulation 6) to a “civil enforcement officer” include, in relation to parking contraventions in a civil enforcement area outside Greater London relating to a parking place provided or authorised under section 32(1)(a) or (b) of the Road Traffic Regulation Act 1984, a parking attendant appointed under section 63A of the Road Traffic Regulation Act 1984. Regulation 4 amends regulation 6 of the General Regulations so as to disapply, as respects such contraventions, the requirement that a penalty charge is not to be imposed except on the basis of a record produced by an approved device or information given by a civil enforcement officer as to conduct observed by that officer.

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