# The Traffic Management Act 2004 (Commencement No. 5 and Transitional Provisions) (England) (Amendment) Order 2011

S.I. 2011/2938 · made 6 December 2011

This order amends the Traffic Management Act 2004 (Commencement No. 5 and Transitional Provisions) (England) Order 2007 (S.I. 2007/2053 (C.78)) as amended by S.I. 2008/757 (C.35).

Made under: Traffic Management Act 2004 (Section 99)

PDFs: Printed copy https://openlegislation.uk/traffic-management-act-2004-commencement-no-5-and-transitional-provisions-england-amendment-order-2011/pdf/uksi_20112938_en.pdf

## Introductory text

This Statutory Instrument has been made in consequence of a defect in S.I. 2008/757 (C.35) and is being issued free of charge to all known recipients of that Statutory Instrument.
Road Traffic, England
Made 6th December 2011
The Secretary of State for Transport makes this order in exercise of the powers conferred by section 99(4) of the Traffic Management Act 2004.

## 1 Citation

This order may be cited as the Traffic Management Act 2004 (Commencement No. 5 and Transitional Provisions) (England) (Amendment) Order 2011.

## 2 Amendment

In article 8(2) of the Traffic Management Act 2004 (Commencement No. 5 and Transitional Provisions) (England) Order 2007, for subparagraph (b), substitute—
“(b) in subsection (12), for the words from “sections 74” to the end there is substituted “Part 2 of Schedule 9 to the Traffic Management Act 2004 (c.18) shall apply in relation to the levels of penalty charges under this section as it applies in relation to the levels of penalty charges under that Part of that Schedule”;”.

## Signature

Signed by authority of the Secretary of State
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
6th December 2011

## Explanatory note

(This note is not part of the order)
This order amends the Traffic Management Act 2004 (Commencement No. 5 and Transitional Provisions) (England) Order 2007 (S.I. 2007/2053 (C.78)) as amended by S.I. 2008/757 (C.35).
The order corrects a drafting error in the transitional modification made by article 8(2)(b) to section 4(12) of the London Local Authorities and Transport for London Act 2003 (c. iii). The drafting error was in article 5 of S.I. 2008/757 (C.35) which inserted article 8 into S.I. 2007/2053 (C.78). The transitional modification relates to the procedure for setting levels of penalty charges for traffic contraventions enforced under that Act, having the effect of applying the procedure, laid out in Part 2 of Schedule 9 to the Traffic Management Act 2004 (c.18), to the setting of penalty charge levels under the London Local Authorities and Transport for London Act 2003 (c. iii).
An impact assessment has not been produced for this instrument as there is no anticipated impact on the private or voluntary sectors and costs to the public sector are estimated at less than £5 million. An Explanatory Memorandum is available alongside the instrument on the OPSI website. The OPSI website address is:
www.legislation.gov.uk

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Source: https://www.legislation.gov.uk/uksi/2011/2938 (the official version)
Page: https://openlegislation.uk/traffic-management-act-2004-commencement-no-5-and-transitional-provisions-england-amendment-order-2011
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.