Paragraph 2

In section 4 (penalty charge notices under Part II)^f1—

(a)

for subsection (1), substitute the following subsections—

“(1)

Where—

(a)

in relation to any GLA road or GLA side road, Transport for London or, subject to subsection (1A), the relevant council;

(b)

in relation to any other road in Greater London, the relevant council or, subject to subsection (1B), Transport for London,

on the basis of information provided by the use of a prescribed device, have reason to believe that a penalty charge is payable under this Part of this Act with respect to a vehicle by the owner of the vehicle, that council or, as the case may be, Transport for London, may serve a penalty charge notice on the person appearing to them to be the owner of the vehicle.

(1A)

The relevant council shall not exercise the power conferred by subsection (1)(a) unless it has obtained the consent in writing of Transport for London.

(1B)

Transport for London shall not exercise the power conferred by subsection (1)(b) unless it has obtained the consent in writing of the relevant council.

(1C)

In subsections (1) to (1B), “relevant council” means the council in whose area the contravention or failure occurred.”^f2;

(b)

in subsection (2)—

(i)

omit “to a borough council”; and

(ii)

at the end, insert

“and the penalty charge shall be paid—

(a)

where the contravention or failure is in respect of a GLA road or a GLA side road, to Transport for London;

(b)

in any other case, to the council in whose area the contravention or failure occurs.” ;

(c)

in subsection (3), in paragraphs (a) and (e), after “the council”, insert “or, as the case may be, Transport for London”; and

(d)

in subsection (4), for “the borough councils”, substitute “the appointing authorities”^f3.

Annotations

Footnotes

f1: Section 4 is amended by the London Local Authorities Act 2000, section 48 and Schedule 2, paragraph 1.
f2: As to GLA roads, see section 14D of the Highways Act 1980 (c. 66), inserted by section 263(1) of the Greater London Authority Act 1999. As to GLA side roads, see section 124A(9) of the Road Traffic Regulation Act 1984 (c. 27), inserted by section 272 of the Greater London Authority Act 1999. For the definition of “council”, see section 2 of the London Local Authorities Act 1996.
f3: The Joint Committee referred to in section 4(4) of the 1996 Act is defined in section 3(1) of that Act by reference to section 73 of the Road Traffic Act 1991 (c. 40). The constituent authorities of the Joint Committee are referred to in section 73 of the 1991 Act, as amended by section 283 of the Greater London Authority Act 1999 (c. 22), as “the appointing authorities”.