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The Greater London Road Traffic (Various Provisions) Order 2001

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Statutory Instruments

2001 No. 1353

LONDON GOVERNMENT

ROAD TRAFFIC

The Greater London Road Traffic (Various Provisions) Order 2001

Made

3rd April 2001

Coming into force

4th April 2001

The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred by section 405(1) of the Greater London Authority Act 1999(1), and of all other powers enabling him in that behalf, hereby makes the following Order, a draft of which has been laid before, and approved by, each House of Parliament:

Citation and commencement

1.  This Order may be cited as the Greater London Road Traffic (Various Provisions) Order 2001 and shall come into force on the day after the day on which this Order is made.

Preliminary

2.  The Road Traffic Regulation Act 1984(2) shall be amended in accordance with articles 3 to 6 of this Order.

GLA side roads

3.  In section 124A after subsection (11) there shall be inserted—

(11A) In this section, notwithstanding section 142(4) of this Act, a reference to a GLA road shall not include a reference to a GLA side road.

Removal and interim disposal of vehicles

4.  In section 100(5)(a), for the words from “or the Common Council” to the end, there shall be substituted “, the Common Council of the City of London or Transport for London;”.

Ultimate disposal of vehicles

5.  In section 101(8), in the definition of “competent authority”—

(a)the word “or” immediately preceding paragraph (b) shall be omitted;

(b)in paragraph (b) after “local authority” there shall be inserted “(other than Transport for London)”; and

(c)after paragraph (b) there shall be added—

or

(c)Transport for London, where the vehicle has been removed by a parking attendant on its behalf;.

Charges for removal, storage and disposal of vehicles

6.  In section 102(8) of the 1984 Act—

(a)in the definition of “local authority” after “section 100(5)” there shall be inserted “, except that it does not include Transport for London,”; and

(b)in the definition of “London authority”, for the words from “or the Common Council” to the end there shall be substituted “, the Common Council of the City of London or Transport for London.”

Amendment of the Removal and Disposal of Vehicles Regulations 1986

7.  In regulation 5A of the Removal and Disposal of Vehicles Regulations 1986(3) for paragraph (4) there shall be substituted—

(4) In this regulation—

  • “local authority”—

    (a)

    in relation to a vehicle which is on a road in Greater London, shall be construed in accordance with paragraphs (5) and (6) below; and,

    (b)

    in relation to any other vehicle, has the same meaning as in section 100 of the 1984 Act;

  • “London local authority” means the council of a London borough or the Common Council of the City of London;

  • “parking meter” has the same meaning as in section 46(2)(a) of that Act.

(5) In relation to a vehicle which falls within paragraph (1)(a) above (vehicle parked in contravention of an order designating a parking place on a road in Greater London)—

(a)if the parking place is on a GLA road or GLA side road and the parking place was designated by Transport for London, “local authority” means Transport for London;

(b)in any other case, “local authority” means the London local authority in whose area the parking place is.

(6) In relation to a vehicle which has been permitted to remain at rest, or having broken down has been permitted to remain at rest, on a GLA road or GLA side road in contravention of a statutory prohibition or restriction in circumstances in which an offence would have been committed with respect to the vehicle but for section 76(3) of the Road Traffic Act 1991(4) (offence provisions not applying within a special parking area) “local authority” means Transport for London.

(7) For the purposes of this regulation the area of Transport for London shall be taken to be Greater London.

Amendment of the Road Traffic Act 1991

8.  section 82(1) of the Road Traffic Act 1991(5) for the definition of “London authority” there shall be substituted—

  • “London authority” means—

    (a)

    as respects parking, or any matter connected with or relating to parking, on a GLA road (except in a designated parking place for which a London borough council or the Common Council of the City of London is the local authority by virtue of section 45(7) of the Road Traffic Regulation Act 1984(6)), Transport for London;

    (b)

    as respects parking, or any matter connected with or relating to parking,

    (i)

    in a parking place such as is referred to in paragraph (a) above;

    (ii)

    on any road other than a GLA road or a trunk road,

    any council of a London borough or the Common Council of the City of London;.

Signed by authority of the Secretary of State

Keith Hill

Parliamentary Under-Secretary of State,

Department of the Environment, Transport and the Regions

3rd April 2001

Explanatory Note

(This note is not part of the Order)

This Order makes provision in relation to the road traffic functions of Transport for London, additional to that made in Chapter XIV of Part IV of the Greater London Authority Act 1999.

Article 3 amends section 124A of the Road Traffic Regulation Act 1984 so that references in that section to GLA roads are to be treated as not including references to GLA side roads. Articles 4, 5 and 6 amend sections 100 to 102 of that Act so as to confer on Transport for London the powers of local authorities under certain provisions relating to the removal and disposal of vehicles on roads. Article 7 amends the Removal and Disposal of Vehicles Regulations 1986 so that parking attendants acting on behalf of Transport for London may remove vehicles from roads in Greater London in accordance with those Regulations. Article 8 amends the definition of “London authority” in section 82(1) of the Road Traffic Act 1991.

(2)

1984 c. 27. Section 100(5)(a) was amended by the Local Government Act 1985 (c. 51), Schedule 5, paragraph 4(31)(b); the definition of “London authority” in section 102(8) was inserted by the Road Traffic Act 1991 (c. 40), section 68(3); section 124A was inserted by the Greater London Authority Act 1999, section 272; and section 142(4) was inserted by section 292(4) of that Act.

(3)

S.I. 1986/183; relevant amending instrument is S.I. 1993/1475.

(4)

1991 c. 40; section 76(3) was amended by the Road Traffic Act 1991 (Amendment of Section 76(3)) Order 1995, S.I. 1995/1437.

(5)

1991 c. 40; the definition of “London authority” is substituted by section 287(2) of the Greater London Authority Act 1999.

(6)

Section 45(7) of the Road Traffic Regulation Act 1984 was amended by the Greater London Authority Act 1999, section 281(4) and (5).

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