Section 7 Limitation on service of notice to owner
Subject to subsections (2) and (3) below, a participating council may not serve a notice to owner under paragraph 1(1) of Schedule 6 to the Act of 1991 (which makes provision, among other things, for the service of notices to owner in respect of unpaid penalty charges) or Schedule 1 to the 1996 c. ix.London Local Authorities Act 1996 (which makes provision relating to the enforcement of the provisions in that Act relating to bus lanes) after the expiry of the period of six months from the date on which the relevant penalty charge notice was issued.
Subject to subsection (3) below, where—
a notice to owner has been cancelled under paragraph 3 of the said Schedule 6; or
a participating council has cancelled a notice to owner in compliance with a direction given by a parking adjudicator under paragraph 5(2) of the said Schedule 6; or
a notice to owner is deemed to have been cancelled under paragraph 8(5)(c) of the said Schedule 6 (deemed cancellation where a statutory declaration under paragraph 8(2)(a) of that Schedule is served under paragraph 8(1)(c)),
the council may not serve a fresh notice to owner after the expiry of the period of six months from the date of the cancellation of the notice to owner or, in a case falling within paragraph (c) above, the date on which the council are served with notice under paragraph 8(5)(d) of the said Schedule 6.
Where a council has before the expiry of 56 days from—
the date on which the penalty charge notice was issued; or
the date of the cancellation of the notice to owner in the case where a notice to owner has been cancelled under paragraph 3 of the said Schedule 6 or in compliance with a direction given by a parking adjudicator under paragraph 5(2) of the said Schedule 6; or
the date on which the council are served with notice under paragraph 8(5)(d) of the said Schedule 6 where the notice to owner is deemed to have been cancelled under paragraph 8(5)(c),
made a request to the Secretary of State for the supply of relevant particulars relating to the identity of the owner of the vehicle contained in the register of mechanically propelled vehicles maintained by him under the 1994 c. 22.Vehicle Excise and Registration Act 1994 and those particulars have not been supplied to the council before the date after which the council would not be entitled to serve a notice to owner or fresh notice to owner by virtue of subsection (1) or (2) above, the council shall continue to be entitled to serve a notice to owner or fresh notice to owner for a further period of 9 months beginning with that date.