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Section 38 Unified power for Secretary of State to fund speed cameras etc.

England and Wales

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

C1(1)

The Secretary of State may make payments in respect of the whole or any part of the expenditure of a public authority in relation to—

(a)

the prevention or detection of offences to which subsection (2) applies; or

(b)

any enforcement action or proceedings in respect of such offences or any alleged such offences.

(2)

This subsection applies to offences under—

(a)

section 16 of the Road Traffic Regulation Act 1984 (c.27) which consist in contraventions of restrictions on the speed of vehicles imposed under section 14 of that Act;

(b)

subsection (4) of section 17 of that Act which consist in contraventions of restrictions on the speed of vehicles imposed under that section;

(c)

section 88(7) of that Act (temporary minimum speed limits);

(d)

section 89(1) of that Act (speeding offences generally);

(e)

section 36(1) of the Road Traffic Act 1988 (c.52) which consist in the failure to comply with an indication given by a light signal that vehicular traffic is not to proceed.

(3)

Payments under this section shall be made to—

(a)

the public authority in respect of whose expenditure the payments are being made; or

(b)

any other public authority for payment, in accordance with arrangements agreed with the Secretary of State, to, or on behalf of, the public authority in respect of whose expenditure the payments are being made.

(4)

Payments under this section shall be paid at such times, in such manner and subject to such conditions as the Secretary of State may determine.

(5)

In this section “public authority” means—

(a)

any highway authority (within the meaning of the Highways Act 1980 (c.66));

(b)

F1any police and crime commissioner, the Mayor's Office for Policing and Crime or the Common Council of the City of London in its capacity as a police authority; F2and

F3(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

any body or other person not falling within paragraphs (a) to (c) and so far as exercising functions of a public nature.

Annotations

Textual amendments

F1

Words in s. 38(5)(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 276; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 64)

F2

Word in s. 38(5)(b) inserted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 394(a); S.I. 2005/910, art. 3(y)

F3

S. 38(5)(c) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 394(b), Sch. 10; S.I. 2005/910, art. 3(y)

Modifications

C1

S. 38(1)(3)(4) functions transferred (W.) (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 38(1)