OpenLegislation

Paragraph 46 I1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Fines collection regulations may, for the purpose of giving effect to the powers to make clamping orders and to order the sale of clamped motor vehicles, make provision in connection with—

(a)

the fitting of immobilisation devices;

(b)

the fitting of immobilisation notices to motor vehicles to which immobilisation devices have been fitted;

(c)

the removal and storage of motor vehicles;

(d)

the release of motor vehicles from immobilisation devices or from storage (including the conditions to be met before the vehicle is released);

(e)

the sale or other disposal of motor vehicles not released.

(2)

Fines collection regulations must provide that an immobilisation device may not be fitted to a vehicle—

(a)

which displays a current disabled person’s badge F1;or a current recognised badge , or

(b)

in relation to which there are reasonable grounds for believing that it is used for the carriage of a disabled person.

(3)

In this Schedule—

  • “disabled person’s badge” means a badge issued, or having effect as if issued, under regulations made under section 21 of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons);

  • “immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984 (immobilisation of vehicles illegally parked);

  • “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, except that section 189 of the Road Traffic Act 1988 (exceptions for certain vehicles) applies for the purposes of this Schedule as it applies for the purposes of the Road Traffic Acts.

    F2“recognised badge” has the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970 (recognition of badges issued outside Great Britain).

Annotations

Textual amendments

F1

Words in Sch. 5 para. 46(2)(a) inserted (30.6.2005 for E. and 30.3.2008 for W.) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)(6) {Sch 1 para. 47(1)(2)}; S.I. 2005/1676, art. 3(c); S.I. 2007/3285, art. 2(b)

F2

Words in Sch. 5 para. 46(3) inserted (30.6.2005 for E. and 30.3.2008 for W.) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)(6), Sch. 1 para. 47(1)(3); S.I. 2005/1676, art. 3(c); S.I. 2007/3285, art. 2(b)

Commencement

I1

Sch. 5 para. 46 wholly in force at 5.4.2004; Sch. 5 para. 46 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 46 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 46 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 46 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Notes on Schedule 5

Textual amendments

F1

Sch. 5: words in heading inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), arts. 1, 5 (with transitional provision in art. 3)

Modifications

C1

Sch. 5 applied (with modifications) (temp. from 23.3.2004 for certain purposes, 29.3.2004 for certain further purposes, 5.4.2004 for all purposes to 31.3.2006) by S.I. 2004/175, arts. 1-3, Sch. (as amended by S.I. 2004/1406, arts. 3, 4; S.I. 2005/487, arts. 4-6; S.I. 2005/642, art. 2; S.I. 2005/2410, art. 2; S.I. 2005/3166, art. 2)

C2

Sch. 5 modified (temp. from 27.3.2006 to 2.7.2006) by The Collection of Fines (Pilot Scheme) and Discharge of Fines by Unpaid Work (Pilot Schemes) (Amendment) Order 2006 (S.I. 2006/502), arts. 1(1)(b)(2), 5 (with transitional provision in art. 4)

C3

Sch. 5 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56-58, 173(4)

C4

Sch. 5 applied (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 85(7)(b), 153; S.I. 2009/2606, art. 2(f)