Transport Act 1982

Part I — The National Bus Company

Bus Company's powers of disposal

1

• (1) Without prejudice to any powers conferred on them by any other enactment, the National Bus Company (in this Part of this Act referred to as “the Bus Company”) shall have power to provide for the disposal, in such manner as they think fit, of—

• (a) any shares in or other securities of one of their subsidiaries which are held by the Company or by another of their subsidiaries; or

• (b) the whole or any part of the undertaking of, or any property, rights or liabilities of, any of their subsidiaries.

• (2) The Bus Company shall not exercise their powers under subsection (1)(a) above except with the consent of the Secretary of State.

• (3) In exercising their powers under subsection (1)(a) above the Bus Company may, with the consent of the Secretary of State, provide for employees’ share schemes to be established in respect of any of their subsidiaries; and any such scheme may provide for the transfer of shares without consideration.

• (4) In this section “employees’ share scheme” means a scheme for encouraging or facilitating the holding of shares or debentures in a company by or for the benefit of—

• (a) the bona fide employees or former employees of the company or of a subsidiary of the company; or

• (b) the wives, husbands, widows, widowers or children or step-children under the age of eighteen of such employees or former employees.

Provisions supplementary to section 1

2

• (1) For the purpose of facilitating the eventual disposal under section 1(1) of this Act of—

• (a) any part of the undertaking of or any property, rights or liabilities of, the Bus Company, or

• (b) the whole or any part of the undertaking of, or any property, rights or liabilities of, any of their subsidiaries;

the Company may exercise their powers to establish subsidiaries and to transfer property, rights and liabilities to subsidiaries, notwithstanding the provisions of any enactment which may be taken to limit the purposes for which those powers may be exercised.

• (2) The Bus Company may also, for the purpose mentioned in subsection (1) above, make schemes for the transfer, between the Company and a wholly owned subsidiary of theirs or between one such subsidiary and another, of—

• (a) any specified property, rights or liabilities; or

• (b) all property, rights and liabilities comprised in a specified part of the transferor’s undertaking;

and a scheme under this subsection may contain such supplementary, incidental and consequential provisions as may appear to the Company to be necessary or expedient.

• (3) Before making a scheme under subsection (2) above which provides for the transfer of rights and liabilities under contracts of employment, the Bus Company shall consult with persons appearing to them to represent the employees concerned.

• (4) A scheme under subsection (2) above shall not come into force until it has been approved by the Secretary of State or until such date as the Secretary of State may, in giving his approval, specify; and the Secretary of State may approve a scheme either without modifications or with such modifications as, after consultation with the Bus Company, he thinks fit.

• (5) On the coming into force of a scheme under subsection (2) above the property, rights and liabilities in question shall, subject to subsection (6) below, be transferred and vest in accordance with the scheme.

• (6) Schedule 4 to the Transport Act 1968 (supplementary provisions as to certain transfers of property, rights and liabilities) shall apply to any transfer under subsection (5) above subject to—

• (a) any reference in that Schedule to a transfer by or a vesting by virtue of that Act being construed as a reference to a transfer by or a vesting by virtue of the scheme in question; and

• (b) the reference in paragraph 13(5) of that Schedule to the relevant provisions of that Act being construed as a reference to the relevant provisions of this Act;

and that subsection shall have effect subject to the provisions of that Schedule.

Powers of Secretary of State to give directions

3

• (1) The Secretary of State may give directions to the Bus Company requiring them to exercise their powers under sections 1 and 2 of this Act (including the powers extended by section 2(1) of this Act) for such purposes and in such manner as may be specified in the directions.

• (2) Before giving a direction under this section the Secretary of State shall consult with—

• (a) the Bus Company; and

• (b) in the case of a direction requiring the Bus Company to exercise their powers under section 1 of this Act in relation to any of their subsidiaries, every county council in whose area that subsidiary provides bus services.

• (3) It shall be the duty of the Bus Company (notwithstanding any duty imposed on them by section 24(2) or (3) of the Transport Act 1968) to give effect to any directions given under this section.

• (4) In section 27(8) of the Transport Act 1962 (duty to make an annual report) after the words “this Act” there shall be inserted the words “or section 3 of the Transport Act 1982”.

• (5) In this section—

• “bus services” has the same meaning as in the Transport Act 1968;

• “county council” includes the Greater London Council.

Provision of services for related companies

4

• (1) The Bus Company may provide for any related company any of the services which they have power to provide for any of their subsidiaries.

• (2) In this section and section 5 of this Act “related company” means a company as respects which the Bus Company have, or at any time have had, a beneficial interest (either directly or through nominees or subsidiaries) in not less than twenty per cent. of its issued ordinary share capital.

Pensions for employees of related companies

5

• (1) The Secretary of State may make such orders under section 74 of the Transport Act 1962 (power to make provision about pensions in the nationalised transport industry) in relation to related companies as he could make if those companies were subsidiaries of the Bus Company.

• (2) In exercising with respect to any pension scheme the powers conferred by this section, the Secretary of State shall take into account any representations made by the persons administering the scheme.

• (3) Except on the application of a related company which is not a subsidiary of the Bus Company, no order shall be made by virtue of this section which has the effect of placing the related company or any of its subsidiaries in any worse position; but for this purpose a related company or a subsidiary shall not be regarded as being placed in a worse position because an order provides that any changes in a pension scheme are not to be effected without the consent of the Secretary of State.

• (4) An order such as is mentioned in subsection (3) above which is made without the application of the related company shall not be invalid because it does not have the effect of securing that the related company and its subsidiaries are not placed in any worse position, but except in so far as the related company approves the effect of the order the Secretary of State shall as soon as may be make the necessary amending order.

• (5) Subsections (3) and (4) above have effect only in relation to orders made after such day as may be appointed for the purposes of this section by order made by the Secretary of State, and different days may be so appointed in relation to different related companies.

• (6) Where an order (the “first order”) applying to a related company has been made under section 74 and at the time when it was made the related company was a subsidiary of the Bus Company, the order shall not apply to the related company when it ceases to be such a subsidiary except where an order made (at any time) by virtue of this section provides for the first order to continue to apply to the related company.

• (7) An order made by virtue of this section may, in particular, authorise the Bus Company or any subsidiary of the Company—

• (a) to transfer liabilities and obligations under a pension scheme in relation to some (but not all) of the participants in that scheme to another pension scheme (the “other scheme”); and

• (b) to divide or apportion a pension fund held for the purposes of the scheme between that scheme and the other scheme.

• (8) In this section “participant”, in relation to a scheme, means—

• (a) in relation to a scheme under which benefits are or will be receivable as of right, a person who has pension rights under the scheme (whether he has contributed or not); and

• (b) in relation to a scheme under which benefits are not or will not be receivable as of right, a person who (whether he is referred to in the scheme as a member, contributor or otherwise) has contributed under the scheme and has pension rights thereunder.

Stamp duty on certain transactions

6

• (1) Stamp duty shall not be chargeable under section 47 of the Finance Act 1973 in respect of—

• (a) the formation of a subsidiary of the Bus Company; or

• (b) any increase in the capital of such a subsidiary;

if the transaction concerned is certified by the Treasury as satisfying the requirements of subsections (2) and (3) below.

• (2) A transaction satisfies the requirements of this subsection if it is effected solely for the purpose—

• (a) of facilitating such an eventual disposal as is mentioned in section 2(1) of this Act; or

• (b) of complying with a direction given by the Secretary of State under section 3(1) of this Act.

• (3) A transaction satisfies the requirements of this subsection if it is entered into solely in connection with a transfer to be effected under section 2 of this Act, takes place on or before the transfer date and does not give rise to an excess of capital.

• (4) For the purposes of subsection (3) above a transaction gives rise to an excess of capital if—

• (a) in a case falling within subsection (1)(a) above the total issued capital of the subsidiary exceeds, on the transfer date, the total value of the assets less liabilities transferred; or

• (b) in a case falling within subsection (1)(b) above, the aggregate amount of the increase of issued capital of the subsidiary exceeds, on that date, that total value;

and in this subsection “issued capital” means issued share capital or loan capital.

Interpretation of Part I

7

In this Part of this Act—

• “the Bus Company” means the National Bus Company; and

• “subsidiary” shall be construed in accordance with section 736 of the Companies Act 1985 and “wholly owned subsidiary” shall be construed in accordance with section 736(5)(b) of that Act.

Part II — Testing, Marking and Approval of Vehicles

Provision for private-sector plating and testing

Private-sector vehicle testing

8

• (1) Subject to the following provisions of this section, the Secretary of State may authorise any person to conduct a business (referred to below in this Part of this Act as a vehicle testing business) which consists of or includes the exercise by any person in the course of that business of any of the functions specified in section 9 of this Act (which are concerned with the testing of goods vehicles and other vehicles and related matters, and are accordingly referred to below in this Part of this Act as the testing and surveillance functions).

• (2) The Secretary of State may not under subsection (1) above authorise any person who is for the time being either—

• (a) the holder of a goods vehicle operator’s licence granted under Part V of the Transport Act 1968 or the Goods Vehicles (Licensing Operators) Act 1995; or

• (b) the holder of a PSV operator’s licence granted under Part II of the 1981 Act;

to carry on a vehicle testing business; and any authorisation granted to any person under that subsection shall cease if that person subsequently becomes the holder of any such licence.

• (3) Any person authorised under subsection (1) above is referred to below in this Part of this Act as an approved testing authority.

• (4) The Secretary of State may authorise any individual to exercise all or any of the testing and surveillance functions in the course of a vehicle testing business; and any individual so authorised is referred to below in this Part of this Act as an authorised inspector.

• (5) The Secretary of State may authorise any individual to act under the direction of an authorised inspector for the purposes of or in connection with the exercise by that inspector in the course of a vehicle testing business of any of the testing and surveillance functions; and any individual so authorised is referred to below in this section as an approved assistant.

• (6) Any authorisation granted under this section shall be subject to such conditions or limitations in any individual case as the Secretary of State may notify in writing to the person authorised on granting the authorisation or from time to time afterwards.

• (7) Without prejudice to subsection (6) above—

• (a) the Secretary of State may by regulations impose conditions to be complied with by approved testing authorities and approved assistants; and

• (b) regulations made under any enactment relating to any of the testing and surveillance functions may impose conditions to be complied with by authorised inspectors in exercising any of those functions under the regulations.

• (8) The Secretary of State may not without the consent of the person authorised withdraw any authorisation granted under this section except—

• (a) for breach of any condition attached to the authorisation (whether under subsection (6) above or by regulations made under or by virtue of subsection (7) above); or

• (b) in the case of an authorised inspector or approved assistant, for misconduct or incompetence or other reasonable cause.

• (9) The Secretary of State may not—

• (a) authorise any person under subsection (1) above to carry on a vehicle testing business; or

• (b) give to an approved testing authority any notification under subsection (6) above which has the effect of extending the testing and surveillance functions which may be exercised in the course of the business carried on by that authority;

unless a document giving the required notice of his proposal to do so has been laid before and approved by a resolution of each House of Parliament.

• (10) The notice required by subsection (9) above is—

• (a) in a case within paragraph (a) of that subsection, a notice indicating that the Secretary of State proposes to authorise the person in question to carry on a vehicle testing business and specifying the testing and surveillance functions within the proposed terms of the authorisation;

• (b) in a case within paragraph (b) of that subsection, a notice indicating that the Secretary of State proposes to extend the testing and surveillance functions which may be exercised in the course of the business carried on by the approved testing authority in question, and specifying the additional functions.

• (11) The addition of any new functions to the testing and surveillance functions which may be exercised in the course of a vehicle testing business carried on by an approved testing authority is an extension of those functions for the purposes of this section (notwithstanding that other functions may be excluded from exercise in the course of that business at the same time as the new ones are added).

The testing and surveillance functions

9

The functions referred to in section 8(1) of this Act are set out below in this section under the heading of the Act under which they arise (taking references to sections, unless otherwise indicated, as references to sections of that Act).

Provisions supplementary to section 8

10

• (1) To the extent that the terms of his authorisation so provide an authorised inspector shall have the duty to refuse any certificate or impose or remove any prohibition which he has power to refuse or (as the case may be) to impose or remove .

• (2) In sections 45 and 46 of the 1988 Act (tests of satisfactory conditions of vehicles other than goods vehicles to which section 49 applies)—

• (a) in section 45(3) (persons who may carry out examinations under that section), after paragraph (a) there is inserted—

“(aa) any authorised inspector”,

• (b) in subsection 6(g) (keeping of registers of test certificates), after the words “authorised examiners” there shall be inserted the words “and, in the case of examinations carried out by authorised inspectors, by approved testing authorities”; and

• (c) in subsection 6(h) (keeping of records), for the words “and authorised examiners” there shall be substituted the words “authorised examiners and approved testing authorities”.

• (3) The words “or an authorised inspector” shall be inserted—

• (a) in sections 51(1)(b) and 61(2)(a) of the 1988 Act, after the words “a vehicle examiner”, and

• (b) in section 6(1)(a) and 10(2) of the 1981 Act, after the words “Act 1988”;

and the words “or authorised inspector” shall be inserted after the word “examiner” wherever occurring in section 69 of the 1988 Act.

• (4) In sections 1 and 2 of the Road Traffic (Foreign Vehicles) Act 1972—

• (a) the words “or an authorised inspector” shall be inserted after the words “an examiner” (in each place where they appear); and

• (b) the words “or authorised inspector” shall be inserted after the words “the examiner” or “any examiner” (in each place where they appear).

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In section 68(1) of the 1988 Act (powers of entry and inspection), the following words shall be inserted at the end—

“ and an authorised inspector may exercise the powers given by paragraph (a) above in relation to any vehicle brought to the place of inspection in pursuance of a direction under subsection (3) below ”.

• (7) The words “or the prescribed testing authority” shall be inserted after the words “Secretary of State”—

• (a) in section 45(6)(a)(ii) and (d) of the 1972 Act (requirements with respect to the notification of alterations of goods vehicles to the Secretary of State and the specification of alterations required to be so notified in plating certificates);

• (b) in section 46(3) of that Act (offence to use vehicle where alteration not notified as required by regulations under section 45); and

• (c) in section 51(3) of that Act (offence to use vehicle where alteration not notified as required by regulations or directions under section 48);

and after those words (in the second place where they occur) in each of subsections (2), (3) and (4) of section 48 of that Act (requirements and directions with respect to the notification of alterations relevant to type and approval or plated weights).

• (8) In section 6 of the 1981 Act (certificates of initial fitness required for use as public service vehicles), the following subsection shall be inserted after subsection (1)—

(1A) . . . Regulations may make provision with respect to the examination of vehicles for the purposes of subsection (1)(a) above by or under the direction of authorised inspectors and the issue or refusal of certificates of initial fitness by such inspectors on any such examinations.

.

• (9) In section 20 of that Act (duty of PSV operator to give information about his public service vehicles to traffic commissioners who granted his licence)—

• (a) for the words “to the traffic commissioners who granted the licence” in both subsections (1) and (2) (which relate respectively to failure or damage affecting safety and to structural alterations of vehicles) there shall be substituted the words “in accordance with regulations made by virtue of subsection (2A) below”; and

• (b) the following subsection shall be inserted after subsection (2)—

(2A) Regulations may make provision— (a) for any report or notice required under subsection (1) or (2) above to be made or given to the Secretary of State or to the prescribed testing authority; (b) for requiring a public service vehicle to be submitted for examination in the event of any such failure or damage as is mentioned in subsection (1) above or any such alteration as is mentioned in subsection (2) above; and (c) for the examinations to be carried out under the regulations and, in particular, for authorising any such examination to be carried out by or under the direction of a an examiner appointed under section 66A of the Road Traffic Act 1988 or an authorised inspector.

.

• (10) References in any regulations made under any enactment relating to any of the testing and surveillance functions before this section comes into operation to a vehicle examiner shall be read as including an authorised inspector authorised to exercise the function in question.

• (11) Subject to the qualification mentioned below, regulations made under—

• (a) section 45, section 49 or section 61 of the 1988 Act; or

• (b) section 6(1A), 10(4) or 20(2A) of the 1981 Act;

may include provision for the purpose of securing that private-sector examinations are properly carried out in accordance with the regulations, including (but without prejudice to the generality of the preceding provision) provision for the supervision or review of private-sector examinations by persons authorised for the purpose by or under the regulations.

No person other than an officer of the Secretary of State may be authorised by or under regulations so made to supervise or review an examination carried out in the course of a vehicle testing business carried on by a person other than his own employer.

In this subsection “private-sector examination” means, in relation to an examination under regulations so made, an examination carried out by or under the direction of an authorised inspector.

• (12) Without prejudice to any existing power of the Secretary of State to determine the premises at which examinations under sections 45 or 49 of the 1988 Act may be carried out—

• (a) the Secretary of State may designate premises as stations where examinations of vehicles of any description subject to examination under either of those sections may be carried out; and

• (b) regulations under either of those sections may require or authorise examinations of vehicles of any description specified in the regulations to be carried out at premises for the time being designated under this section as premises at which examinations of vehicles of that description may be carried out.

Approval of public service vehicles as type vehicles by prescribed testing authority

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• (1) In section 10 of the 1981 Act (approval of public service vehicle as a type vehicle and issue of certificates of conformity to type)—

• (a) in subsections (1) and (2), after the words “the Secretary of State” there shall be inserted the words “or the prescribed testing authority”;

• (b) in subsection (1), for the word “he” there shall be substituted the words “the Secretary of State or that authority”; and

• (c) in subsection (3), for the words from the beginning to “approval of a type vehicle” there shall be substituted the words “Approval of a type vehicle (whether given by the Secretary of State or the prescribed testing authority) may at any time be withdrawn by either of them”.

• (2) At the end of that section there shall be inserted the following subsection—

(4) Regulations may make provision with respect to— (a) the examination of vehicles for the purposes of this section by or under the direction of authorised inspectors; (b) the approval of vehicles as type vehicles by the prescribed testing authority on such examinations, or the withdrawal of such approval by that authority on such examinations; (c) the issue or refusal of certificates under subsection (2) above by authorised inspectors; and (d) the authorisation by the prescribed testing authority of persons to make declarations under subsection (2) above.

.

Inspections by authorised inspectors in connection with international conventions

12

• (1) The Secretary of State may by regulations make provision for the exercise by authorised inspectors, subject to the terms of their authorisations, of such functions in connection with the inspection and certification of vehicles under the TIR Convention and the ADR Convention as may be specified in the regulations.

• (2) The Secretary of State may designate premises as stations where inspections under the TIR Convention and the ADR Convention may be carried out.

• (3) Regulations under this section may provide for fees to be charged in connection with the inspection and certification by authorised inspectors of vehicles under the TIR Convention and the ADR Convention.

• (4) In this section—

• “the TIR Convention” means the Customs Convention on the International Transport of Goods Under Cover of TIR Carnets (Geneva, 14th November 1975); and

• “the ADR Convention” means the European Agreement Concerning the International Carriage of Dangerous Goods by Road (Geneva, 30th September 1957).

Investment by the Secretary of State in Government controlled company interested in former Government testing stations

13

• (1) Subject to subsection (2) below, the Secretary of State may at any time, with the consent of the Treasury, incur expenditure for or in connection with—

• (a) making loans to any company with a present or prospective interest in Government testing station assets on such terms and conditions as he may with the consent of the Treasury determine; or

• (b) acquiring shares in or other securities of any such company.

• (2) The company must be a company as defined in section 1(1) of the Companies Act 2006 in which the Secretary of State holds a controlling interest.

• (3) The Secretary of State may not dispose of any shares or other securities acquired by virtue of this section without the consent of the Treasury.

• (4) The Secretary of State may, with the consent of the Treasury, remit in whole or in part the liability of any company in respect of loans made to the company by virtue of this section.

• (5) So long as the Secretary of State holds a controlling interest in any such company as is mentioned in subsection (1)(a) above—

• (a) he shall, as soon as practicable after any annual accounts of that company are laid before the company in general meeting, lay copies of those accounts and of any documents annexed or attached to those accounts before each House of Parliament; and

• (b) he shall secure that the Comptroller and Auditor General is accorded any facilities he may from time to time require for inspecting any accounts or accounting records of that company.

• (6) Any expenses incurred by the Secretary of State in consequence of the provisions of this section shall be paid out of money provided by Parliament.

• (7) Any sums received by the Secretary of State as interest on or in repayment of loans made to any company by virtue of this section or in right of, or on the disposal of, any shares or other securities acquired by virtue of this section shall be paid into the Consolidated Fund.

• (8) In this section “annual accounts” means, in relation to any company, accounts prepared in respect of any accounting reference period of the company under Part 15 of the Companies Act 2006 ; and for the purposes of this section a company—

• (a) shall be taken to have a present or prospective interest in Government testing station assets if it holds any estate or interest in or right over former testing station land or owns any former testing station property, or if the Secretary of State proposes to transfer or grant to the company any estate or interest in or right over testing station land or (as the case may be) to transfer to the company any testing station property; and

• (b) is one in which the Secretary of State holds a controlling interest if more than one-half of its voting shares are owned by the Secretary of State or by nominees on his behalf.

• (9) In subsection (8) above—

• (a) in paragraph (a) “testing station land” means land held by the Secretary of State as or as part of a goods vehicle testing station provided by the Secretary of State under section 52(2) of the 1988 Act, and “testing station property” means property owned by the Secretary of State for use at any such station; and

• (b) in paragraph (b) “voting shares” means shares in the company of a class carrying rights to vote in all circumstances at general meetings of the company.

Exclusion of security of tenure in case of premises used for vehicle testing business

14

• (1) Part II of the Landlord and Tenant Act 1954 (which gives security of tenure to business tenants) shall not apply to a tenancy granted by the Secretary of State in any case where the property comprised in the tenancy is or includes premises which, in accordance with any agreement relating to the tenancy (whether contained in the instrument creating the tenancy or not) are to be occupied for the purposes of a vehicle testing business.

• (2) No enactment or rule providing for relief against forfeiture in case of non-payment of rent or breach of any other covenant or condition shall apply to any such tenancy.

• (3) In this section “tenancy” has the same meaning as in the Landlord and Tenant Act 1954, and the reference in subsection (1) above to a tenancy granted by the Secretary of State shall be construed accordingly.

Consultation with representative bodies

15

• (1) Before taking any decision affecting any of the matters mentioned in subsection (2) below the Secretary of State shall consult with such organisations appearing to him to be representative of persons engaged in the road transport industry as he thinks fit.

• (2) The matters in question are—

• (a) the person or persons to whom it is appropriate for the Secretary of State or any company in which he holds a controlling interest (within the meaning of section 13 of this Act) to transfer or grant any estate or interest in or right over any testing station land or former testing station land, or to transfer any testing station property or former testing station property;

• (b) the terms on which any such transfer or grant is to be made;

• (c) the conditions to be complied with by approved testing authorities (generally or in any particular case) and the variation or cancellation of any such conditions;

• (d) the arrangements to be made by the Secretary of State for ensuring the maintenance of proper standards with respect to any examinations carried out in the exercise in the course of an approved testing authority’s business of any of the testing and surveillance functions;

• (e) the withdrawal of, or the imposition of any limitation on, the authorisation of an approved testing authority;

• (f) the designation of premises as testing stations and the withdrawal of any such designation; and

• (g) the fees to be charged in respect of examinations carried out in the exercise in the course of an approved testing authority’s business of any of the testing and surveillance functions.

• (3) In subsection (2)(a) above “testing station land” and “testing station property” have the meanings given by section 13(9)(a) of this Act.

• (4) Without prejudice to the generality of subsection (2)(c) above, the following in particular are subject to the consultation requirement under subsection (1) above, that is to say, any decision with respect to the conditions of authorisation of any approved testing authority which relate to the number or situation of any designated testing stations the authority is to be required for the time being to operate.

• (5) The reference in subsection (2)(f) above to the designation of premises as testing stations is a reference to the designation of premises under section 10(12) or 12(2) of this Act.

Miscellaneous and supplemental

Special provision with respect to periodical tests of certain public service vehicles

16

Determination of plated weights by prescribed testing authority for vehicles subject to type approval

17

• (1) In section 47 of the 1972 Act (type approval)—

• (a) in subsections (6), (7)(b) and (10)(a), after the words “the Secretary of State” there shall be inserted the words “or the prescribed testing authority”; and

• (b) in subsection (6), for the word “he” there shall be substituted the words “the Secretary of State or that authority”.

• (2) The following section shall be substituted for section 49 of the 1972 Act (appeals)—

(49) (1) A person aggrieved by a determination made on behalf of the Secretary of State with respect to a type approval certificate, a certificate of conformity or Minister’s approval certificate under section 47 or 48 of this Act, including any determination with respect to design weights or plated weights, may appeal to the Secretary of State. (2) A person aggreived by a determination made by the prescribed testing authority with respect to the plated weights for any goods vehicle may appeal to the Secretary of State. (3) Any appeal under this section must be made within the prescribed time and in the prescribed manner; and on any such appeal the Secretary of State shall have— (a) in a case within subsection (1) above, the like powers and duties as he has on an original application for a type approval or Minster’s approval certificate or in respect of the plated weights to be included in a certificate of conformity; and (b) in a case within subsection (2) above, the like powers and duties as he would have had if the application in respect of the plated weights for the goods vehicle concerned had been made to him. (4) The Secretary of State may hold an inquiry in connection with any appeal under this section and may appoint an assessor for the purpose of assisting him with the appeal or any such inquiry.

.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In section 50 of that Act (regulations for the purposes of sections 47 to 49A and supplementary provisions), the following subsection shall be inserted after subsection (1)—

(1A) Without prejudice to the generality of subsection (1) above, regulations made under this section for the purposes of sections 47 to 49A of this Act may provide— (a) for the fees to be payable on any application for a determination by the prescribed testing authority of any plated weights for a goods vehicle; and (b) for the issue by the prescribed testing authority of plates for marking on goods vehicles any plated weights, whether determined by that authority or not (including in particular the issue of such plates on behalf of the Secretary of State for the purposes of section 47(8)) and for the fees to be payable to that authority for the issue of any such plates.

;

and in subsection (4)(a) of that section, for the words “subsection (1) above” there shall be substituted the words “this section”.

Alteration of plated weights for goods vehicles without examination

18

The following section shall be inserted after section 51 of the 1972 Act—

(51A) (1) The Secretary of State may by regulations make provision— (a) for the determination, in such circumstances as may be prescribed, of the plated weights (or any of the plated weights) for goods vehicles of any prescribed class otherwise than on examination under regulations made under section 45 or 50 of this Act; and (b) for the amendment of any approval certificate in force in respect of a vehicle of any such class so as to specify the weights determined for that vehicle under the regulations in place of any weights superseded by those weights or the cancellation of any such certificate and the issue in place of it of a different certificate specifying the weights so determined in place of any weights so superseded. (2) Any person aggreived by a determination of plated weights for a goods vehicle under regulations made under this section may appeal to the Secretary of State and on the appeal the Secretary of State shall cause the vehicle to be examined by an officer of the Secretary of State appointed by him for the purpose and shall make such determination on the basis of the examination as he thinks fit. (3) Without prejudice to the generality of subsection (1) above, regulations under this section— (a) may provide for the determination of any plated weights for a goods vehicle under the regulations to be made by the Secretary of State or by the prescribed testing authority; (b) may contain the like provisions with respect to any appeal brought by virtue of subsection (2) above and any examination on any such appeal as may be contained in any regulations made by virtue of paragraphs (c), (g) and (h) of section 45(6) of this Act in relation to an appeal under subsection (3) of that section and any examination on any such appeal; (c) may specify the manner in which, and the time before or within which, applications may be made for the determination of plated weights of vehicles under the regulations, and the information to be supplied and documents to be produced on any such application; (d) may make provision as to fees to be paid on any such application; (e) may provide for the issue of replacements for any plates fixed to a vehicle specifying weights superseded by weights specified in an approval certificate amended under the regulations or in any certificate issued under the regulations in place of an approval certificate, and for the payment of a fee for their issue; and (f) may make different provision for different cases. (4) In this section “approval certificate” means a plating certificate and any certificate of conformity or Minister’s approval certificate specifying any plated weights. (5) Any certificate issued in respect of a goods vehicle under regulations made under this section in replacement of an approval certificate of any description mentioned in subsection (4) above— (a) shall be in the form appropriate for an approval certificate of that description; (b) shall be identical in content with the certificate it replaces, save for any alterations in the plated weights authorised by the regulations; and (c) shall be treated for the purposes of this Part of this Act (including this section) and any regulations made under any provision of this Part of this Act as if it were the same certicificate as the certificate it replaces; and any plate so issued in replacement of a plate fixed to the vehicle under section 47 of this Act shall, when fixed to the vehicle, be treated as so fixed under that section.

.

Prohibitions under section 57 of the 1972 Act

19

Substitution of new section for section 58 of the 1972 Act

20

In section 72 of the 1988 Act (removal of prohibitions) after the word “constable” in each place where it occurs in subsections (1), (5) and (7), there shall be inserted the words “or authorised inspector”.

Amendments with respect to appeals

21

• (1) Any examination of a vehicle on an appeal to the Secretary of State under section 45(4) of the 1988 Act (appeal against refusal of test certificate) shall be carried out by an officer of the Secretary of State; and accordingly, in section 45(5) of that Act, after the word “made” there shall be inserted the words “by an officer of the Secretary of State appointed by him for the purpose”.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In section 51 of that Act (appeals to the Secretary of State)—

• (a) in subsection (1) after the words “examiner” there shall be inserted the words “ or an authorised inspector ”

• (b) after subsection (1) there shall be inserted the following subsections—

(1A) A person aggrieved by the refusal of the prescribed testing authority to approve a vehicle as a type vehicle under section 10 of this Act or by the withdrawal by that authority under that section of such approval may appeal to the Secretary of State (1B) On any appeal under subsection (1A) above, the Secretary of State shall cause an examination of the vehicle concerned to be made by an officer of the Secretary of State appointed by him for the purpose and shall make such determination on the basis of the examination as he thinks fit.

; and

• (c) in subsection (4) after the words “examiner” in both places where it occurs there shall be inserted the words “ prescribed testing authority or authorised inspector concerned ”

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fees on notification of alterations notifiable under section 45 or 48 of the 1972 Act

22

• (1) The following paragraph shall be inserted after paragraph (a) of section 45(6) of the 1972 Act (specific matters with which regulations under that section may deal)—

(aa) require the payment of a fee on any notification of any alteration to a vehicle or its equipment which is required by the regulations to be notified to the Secretary of State or the prescribed testing authority;

• (2) For paragraph (d) of section 50(1) of that Act (power to make provision in relation to examinations, etc., following the notification of alterations notifiable under section 48 of that Act corresponding to provision authorised under certain paragraphs of section 45(6)) there shall be substituted the following paragraph—

(d) may contain the like provisions with respect to any notification of any such alteration as is mentioned in paragraph (a) above, with respect to any examination of any vehicle in pursuance of regulations made by virtue of that paragraph and with respect to any appeal brought by virtue of paragraph (c) above as may be contained in regulations made by virtue of paragraphs (aa), (b), (c), (g) and (h) of section 45(6) of this Act in relation to the notifications, examinations and appeals there mentioned;

Forgery and misuse of documents etc.

23

• (1) A person who, with intent to deceive—

• (a) uses or lends to, or allows to be used by, any other person, a document evidencing the authorisation of a person as an authorised inspector; or

• (b) makes or has in his possession any document so closely resembling a document evidencing such an authorisation as to be calculated to deceive; or

• (c) in Scotland, forges or alters a document evidencing such an authorisation;

shall be liable—

• (i) on conviction on indictment, to imprisonment for a term not exceeding two years;

• (ii) on summary conviction, to a fine not exceeding the statutory maximum.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In section 169 of the 1972 Act (forgery of documents etc.), in subsection (2) the following paragraphs shall be inserted after paragraph (c)—

(cc) any notice removing a prohibition under section 57 of this Act;

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Falsification of documents

24

• (1) The following section shall be substituted for section 171 of the 1972 Act (issue of false documents)—

(171) (1) A person shall be guilty of an offence who issues— (a) any such document as is referred to in paragraph (a) or (b) of section 170(6) of this Act; (b) a test certificate, plating certificate, goods vehicle test certificate or certificate or certificate of conformity; (c) a certificate of temporary exemption under regulations made under section 44(10A) or 46(5)(b) of this Act; or (d) a notice removing a prohibition under section 57 of this Act; if the document or certificate so issued is to his knowledge false in a material particular. (2) A person who amends a certificate of conformity shall be guilty of an offence if the certificate as amended is to his knowledge false in a material particular. (3) Expressions used in subsections (1)(b) and (2) above have the same meanings as they have respectively have for the purposes of Part II of this Act.

.

• (2) In section 173(2) of that Act (seizure of documents etc. suspected of being false)—

• (a) in subsection (4) after the words ”of this Act” there shall be inserted the words ”or an authorised inspector appointed under section 8 of the Transport Act 1982”;

• (b) in paragraph (b), after the words “plating certificates” there shall be inserted the words “notices removing prohibitions under section 57 of this Act”.

• (3) In Part I of Schedule 4 to the 1972 Act (prosecution and punishment of offences)—

• (a) in column one of the entry relating to section 171, for “171” there shall be substituted “171(1)”; and

• (b) after that entry there shall be inserted the following entry—

171(2)	Falsely amending certificate of conformity.	Summarily.	£500.			Section 180 applies.

.

• (4) The following section shall be inserted after section 66 of the 1981 Act—

(66A) (1) If a person issues— (a) a certficate of initial fitness under section 6 of this Act; or (b) a notice removing a prohibition under section 9(1) of this Act; which he knows to be false in a material particular, he shall be liable on summary conviction to a fine not exceeding £500. (2) If a constable, an examiner appointed under section 66A of the Road Traffic Act 1988 or an authorised inspector has reasonable cause to believe that a document produced to him or carried on a vehicle by its driver is a document in relation to which an offence has been committed under this section, he may seize the document. (3) The power to seize a document under subsection (2) above includes power to detach a document carried on a vehicle from the vehicle.

.

Impersonation of authorised inspector

25

A person who, with intent to deceive, falsely represents himself to be an authorised inspector shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Interpretation of Part II

26

In this Part of this Act—

• “the 1981 Act” means the Public Passenger Vehicles Act 1981;

• “the 1988 Act” means the Road Traffic Act 1988

• “approved testing authority” and “authorised inspector” have the meanings respectively given by section 8(3) and (4) of this Act;

• “business” includes any activity carried on by a body of persons, whether corporate or unincorporate;

• “goods vehicle” has the meaning given by section 192 of the 1988 Act;

• “vehicle examiner” means an examiner appointed under section 66A of the 1988 Act.

• “vehicle testing business” has the meaning given by section 8(1) of this Act;

and references to the testing and surveillance functions are references to the functions specified in section 9 of this Act.

Part III — Fixed penalties

Fixed penalty offences and fixed penalty notices

Fixed penalty offences and fixed penalty notices

27

Fixed penalty notices given at a police station

28

• (1) In any case where—

• (a) a constable in uniform finds a person on any occasion and has reason to believe that on that occasion he is committing or has committed a fixed penalty offence ;

• (b) the offence appears to the constable to be an offence involving obligatory endorsement; and

• (c) the person concerned does not produce his driving licence for inspection by the constable ;

the constable may give him a notice stating that if, within five days after the notice is given, he produces the notice together with his driving licence in person to a constable at the police station specified in the notice (being a police station chosen by the person concerned) and the requirements of subsection (2)(a) and (b) below are met he will then be given a fixed penalty notice in respect of the offence.

• (2) If a person to whom a notice has been given under subsection (1) above produces the notice together with his driving licence in person to a constable at the police station specified in the notice within five days after the notice was so given to him and the following requirements are met, that is—

• (a) the constable is satisfied, on inspecting the licence, that he would not be liable to be disqualified under section 19(2) of the Transport Act 1981 (disqualification where penalty points number twelve or more) if he were convicted of that offence; and

• (b) he surrenders his driving licence to the constable to be retained and dealt with in accordance with this Part of this Act;

the constable shall give him a fixed penalty notice in respect of the offence to which the notice under subsection (1) above relates.

• (3) A notice under subsection (1) above shall give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence.

• (4) This section does not apply in respect of offences committed in Scotland and a notice under this section may not specify a police station in Scotland.

Further provisions with respect to fixed penalty offences and notices

29

• (1) Proceedings shall not be brought against any person for the offence to which a fixed penalty notice relates until the end of the period of twenty-one days following the date of the notice or such longer period (if any) as may be specified in the notice (referred to below in this Part of this Act as the suspended enforcement period in respect of the offence).

• (2) The Secretary of State may by order provide for offences to become or (as the case may be) to cease to be fixed penalty offences for the purposes of this Part of this Act, and may make such modifications of the provisions of this Part of this Act as appear to him to be necessary for the purpose.

• (3) The fixed penalty for a fixed penalty offence shall be—

• (a) the amount appropriate in accordance with subsection (4) below in the case of that offence ; or

• (b) one-half of the maximum amount of the fine to which a person committing that offence would be liable on summary conviction;

whichever is the less.

• (4) Subject to subsection (5) below, the amount appropriate in the case of a fixed penalty offence is—

• (a) £20 in the case of any offence involving obligatory endorsement; and

• (b) £10 in any other case.

• (5) The Secretary of State may by order substitute a different amount or amounts for either or both of the amounts for the time being specified in subsection (4) above.

• (6) A fixed penalty notice—

• (a) shall give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence;

• (b) shall state the period which, by virtue of subsection (1) above, is the suspended enforcement period in respect of the offence, the amount of the fixed penalty and the justices' clerk or, in Scotland, the clerk of court to whom and the address at which the fixed penalty may be paid; and

• (c) shall, when it is given under section 27(1) of this Act in respect of an offence committed in Scotland, be in the prescribed form.

• (7) A notice affixed to a vehicle under section 27(2) of this Act shall not be removed or interfered with except by or under the authority of the driver or person in charge of the vehicle or the person liable for the offence in question; and any person contravening this subsection shall be liable on summary conviction to a fine not exceeding £50.

Effect where fixed penalty notice is given to the alleged offender

30

• (1) This section applies where a fixed penalty notice relating to an offence has been given to any person under section 27(1) or 28(2) of this Act; and references below in this section to the recipient are references to the person to whom that notice was given.

• (2) No proceedings shall be brought against the recipient for the offence to which the fixed penalty notice relates unless before the end of the suspended enforcement period he has given notice requesting a hearing in respect of that offence in the manner specified in the fixed penalty notice.

• (3) Where—

• (a) the recipient has not given notice requesting a hearing in respect of the offence to which the fixed penalty notice relates in the manner so specified ; and

• (b) the fixed penalty has not been paid in accordance with this Part of this Act before the end of the suspended enforcement period;

a sum equal to the fixed penalty plus one-half of the amount of that penalty may be registered under section 36 of this Act for enforcement against the recipient as a fine.

Effect where fixed penalty notice is affixed to the vehicle

31

• (1) This section applies where a fixed penalty notice relating to an offence has been affixed to a vehicle under section 27(2) of this Act.

• (2) Subject to subsection (3) below, where the fixed penalty has not been paid in accordance with this Part of this Act within the suspended enforcement period, a notice under this section (referred to below in this Part of this Act as a notice to owner) may be served by or on behalf of the chief officer of police on any person who appears to him (or to any person authorised to act on his behalf for the purposes of this section) to be the owner of the vehicle.

• (3) Subsection (2) above does not apply where before the end of the suspended enforcement period any person has given notice requesting a hearing in respect of the offence in the manner specified in the fixed penalty notice, and the notice so given contains a statement by that person to the effect that he was the driver of the vehicle at the time when the offence is alleged to have been committed (referred to below in this Part of this Act as the time of the alleged offence).

• (4) A notice to owner—

• (a) shall give particulars of the alleged offence and of the fixed penalty concerned;

• (b) shall state the period which, by virtue of subsection (9) below, is the period allowed for response to the notice ; and

• (c) shall indicate that, if the fixed penalty is not paid before the end of that period, the person on whom the notice is served is asked to furnish before the end of that period to the chief officer of police by or on whose behalf the notice was served a statutory statement of ownership (as defined in Part I of Schedule 3 to this Act).

• (5) A person on whom a notice to owner relating to the offence is served under subsection (2) above shall not be liable in respect of the offence by virtue of this section if—

• (a) he was not the owner of the vehicle at the time of the alleged offence; and

• (b) he furnishes a statutory statement of ownership to that effect in response to the notice before the end of the period mentioned in subsection (4) above.

• (6) Except as provided by subsection (5) above, and subject to section 32 of this Act, where—

• (a) a notice to owner relating to the offence has been served on any person under subsection (2) above before the end of the period of six months beginning with the day on which the fixed penalty notice was affixed to the vehicle; and

• (b) the fixed penalty has not been paid in accordance with this Part of this Act before the end of the period allowed under this section for response to the notice to owner;

proceedings may be brought in respect of the offence against the person on whom the notice to owner was served.

• (7) Subject to subsection (8) below—

• (a) for the purposes of the institution of proceedings by virtue of subsection (6) above against any person on whom a notice to owner has been served ; and

• (b) in any proceedings brought by virtue of that subsection against any such person ;

it shall be conclusively presumed (notwithstanding that that person may not be an individual) that he was the driver of the vehicle at the time of the alleged offence and, accordingly, that acts or omissions of the driver of the vehicle at that time were his acts or omissions.

• (8) That presumption shall not apply in any proceedings brought against any person by virtue of subsection (6) above if, in those proceedings, it is proved that at the time of the alleged offence the vehicle was in the possession of some other person without the consent of the accused.

• (9) The period allowed for response to a notice to owner is the period of twenty-one days from the date on which the notice is served, or such longer period (if any) as may be specified in the notice.

Punishment without prosecution in cases within section 31

32

• (1) Proceedings in respect of an offence to which a notice to owner relates shall not be brought against the person on whom the notice to owner was served unless he has given notice requesting a hearing in respect of that offence in the manner indicated by the notice to owner before the end of the period allowed under section 31 of this Act for response to the notice to owner.

• (2) Subject to subsection (5)(b) below, where apart from this section proceedings in respect of an offence to which a notice to owner relates would lie by virtue of section 31(6) of this Act against the person on whom that notice was served, a sum equal to the fixed penalty plus one-half of the amount of that penalty may be registered under section 36 of this Act for enforcement against that person as a fine.

• (3) A notice to owner relating to any offence shall indicate that the person on whom it is served may, before the end of the period allowed under section 31 of this Act for response to the notice, either—

• (a) give notice requesting a hearing in respect of the offence in the manner indicated by the notice; or

• (b) if he was not the driver of the vehicle at the time of the alleged offence and a person purporting to be the driver wishes to give notice requesting a hearing in respect of the offence, furnish together with a statutory statement of ownership furnished as requested in that notice a statutory statement of facts (as defined by Part II of Schedule 3 to this Act) which has effect by virtue of that Schedule as a notice requesting a hearing in respect of the offence given by the driver.

• (4) In any case where a notice to owner relating to an offence may be served under section 31 of this Act, no proceedings shall be brought in respect of the offence against any person other than a person on whom such a notice has been served, unless he is identified as the driver of the vehicle at the time of the alleged offence in a statutory statement of facts furnished in pursuance of subsection (3)(b) above by a person on whom such a notice has been served.

• (5) In any case where a person on whom a notice to owner relating to any offence has been served furnishes a statutory statement of facts in pursuance of subsection (3) (b) above—

• (a) any notice requesting a hearing in respect of the offence he purports to give on his own account shall be of no effect; and

• (b) the sum mentioned in subsection (2) above may not be registered for enforcement against him as a fine unless no summons or, in Scotland, complaint in respect of the offence in question is served on the person identified in that statement as the driver within the period of two months immediately following the period allowed under section 31 of this Act for response to the notice to owner.

• (6) Once any sum determined by reference to the fixed penalty for an offence has been registered by virtue of this section under section 36 of this Act for enforcement as a fine against a person on whom a notice to owner relating to that offence has been served, no proceedings shall be brought against any other person in respect of that offence.

Payment of fixed penalties, effect of payment and supplementary provisions

33

• (1) Payment of a fixed penalty under this Part of this Act shall be made to such justices' clerk or, in Scotland, clerk of court as may be specified in the fixed penalty notice relating to that penalty and, in England and Wales, sums paid by way of fixed penalty for an offence shall be treated for the purposes of section 61 of the Justices of the Peace Act 1979 (application of fines and fees) as if they were fines imposed on summary conviction for that offence.

• (2) References below in this Part of this Act, in relation to any fixed penalty or fixed penalty notice, to the fixed penalty clerk are references to the clerk specified in accordance with subsection (1) above in the fixed penalty notice relating to that penalty or (as the case may be) in that fixed penalty notice.

• (3) Without prejudice to payment by any other method, payment of a fixed penalty under this Part of this Act may be made by properly addressing, pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) and, unless the contrary is proved, shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post. A letter is properly addressed for the purposes of this subsection if it is addressed to the fixed penalty clerk at the address specified in the fixed penalty notice relating to the fixed penalty as the address at which the fixed penalty may be paid.

• (4) In any proceedings a certificate—

• (a) that payment of a fixed penalty was or was not received,

by a date specified in the certificate, by the fixed penalty clerk; or

• (b) that a letter containing an amount sent by post in payment of a fixed penalty was marked as posted on a date so specified;

shall, if the certificate purports to be signed by the fixed penalty clerk, be evidence (and, in Scotland, sufficient evidence) of the facts stated.

• (5) Proceedings may not be brought against any person in respect of an offence to which a fixed penalty notice relates if the fixed penalty is paid in accordance with this Part of this Act before the end of the suspended enforcement period.

• (6) Proceedings in respect of an offence to which a notice to owner relates may not be brought against any person identified as the driver of the vehicle in a statutory statement of facts furnished in response to the notice if the fixed penalty is paid in accordance with this Part of this Act before the end of the period allowed for response to that notice to owner under section 31 of this Act.

• (7) Where, in England and Wales, a justices' clerk for a petty sessions area comprised in the area of one responsible authority (within the meaning of section 59 of the Justices of the Peace Act 1979) discharges functions in connection with a fixed penalty for an offence alleged to have been committed in a petty sessions area comprised in the area of another such authority—

• (a) that other authority shall make to the first-mentioned authority such payment in connection with the discharge of those functions as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State ; and

• (b) any such payment between responsible authorities shall be taken into account in determining for the purposes of subsection (4) of section 59 of that Act the net cost to those authorities respectively of the functions referred to in subsection (1) of that section.

• (8) Subsection (7) above does not apply to functions discharged in connection with a fixed penalty on or after the registration of a sum determined by reference to the penalty under section 36 of this Act.

Endorsement of licences without hearings

34

• (1) Subject to subsection (2) below, where a person (" the licence holder ") has surrendered his driving licence to a constable on the occasion when he was given a fixed penalty notice under section 27(1) or 28(2) of this Act, his licence may be endorsed in accordance with this section without any order of a court.

• (2) A person's licence may not be endorsed under this section if before the end of the suspended enforcement period he gives notice requesting a hearing in respect of the offence to which the fixed penalty notice relates in the manner specified in the fixed penalty notice, unless proceedings against him in respect of the offence are nevertheless excluded by section 33(5) of this Act by payment of the fixed penalty before the end of that period.

• (3) A licence surrendered in accordance with section 27 or 28 of this Act shall be sent to the fixed penalty clerk.

• (4) Where the fixed penalty is paid before the end of the suspended enforcement period, the fixed penalty clerk shall thereupon endorse the relevant particulars on the licence and return it to the licence holder.

• (5) Where any sum determined by reference to the fixed penalty is registered under section 36 of this Act for enforcement against the licence holder as a fine, the fixed penalty clerk shall endorse the relevant particulars on the licence and return it to the licence holder—

• (a) if he is himself the clerk who registers that sum, on

registration of that sum ; and

• (b) in any other case, on being notified of the registration by the clerk who registers that sum.

• (6) References above in this section to the relevant particulars are references to—

• (a) particulars of the offence, including the date when it was committed; and

• (b) the number of penalty points shown in respect of the offence in Schedule 7 to the Transport Act 1981 (points to be taken into account in determining disqualification for repeated offences).

• (7) On the endorsement of a person's licence under this section he shall be treated for the purposes of—

• (a) the provisions of section 101(1) of the 1972 Act (power of court to order endorsement) with respect to evidence of any conviction ordered to be endorsed under that section;

• (b) subsections (5) to (8) of that section (effect and removal of endorsement);

• (c) section 182(2A) of that Act (admissibility in evidence of records maintained by the Secretary of State);

• (d) section 19 of the Transport Act 1981 (disqualification for repeated offences); and

• (e) the Rehabilitation of Offenders Act 1974 ;

as if he had been convicted of the offence and the endorsement had been made in pursuance of an order made on his conviction by a court under section 101(1) of the 1972 Act, and as if the particulars of the offence endorsed by virtue of subsection (6)(a) above were particulars of his conviction of that offence.

• (8) In relation to any endorsement of a person's licence under this section—

• (a) the reference in section 101(6) of the 1972 Act to the order for endorsement; and

• (b) the references in section 182(2A) of that Act to any order made on a person's conviction;

shall be read as references to the endorsement itself.

• (9) Where

• (a) in endorsing any person's licence under this section the fixed penalty clerk is deceived as to whether endorsement under this section is excluded by section 41(2) of this Act by virtue of the fact that the licence holder would be liable to be disqualified under section 19(2) of the Transport Act 1981 if he were convicted of the offence; and

• (b) the deception constituted or was due to an offence committed by the licence holder ;

then, if he is convicted of that offence, the court by or before which he is convicted shall have the same powers and duties as it would have had if it had convicted him of the offence of which particulars were endorsed under this section.

• (10) On endorsing a person's licence under this section the fixed penalty clerk shall send notice of the endorsement and of the particulars endorsed to the Secretary of State.

Licence receipts

35

• (1) Where a person surrenders his driving licence to a constable on receiving a fixed penalty notice given to him under section 27(1) or 28(2) of this Act, the constable shall issue a receipt for the licence under this section.

• (2) In any case within subsection (1) above the fixed penalty clerk may issue a new receipt for the licence on the application of the licence holder.

• (3) A receipt issued under this section shall cease to have effect—

• (a) if issued by a constable, on the expiration of the period of one month beginning with the date of issue or such longer period as may be prescribed ; and

• (b) if issued by the fixed penalty clerk, on such date as he may specify in the receipt;

or, if earlier, on the return of the licence to the licence holder.

• (4) A person shall not be guilty of an offence under section 101(4) of the 1972 Act by virtue of not having posted his licence or caused it to be delivered as mentioned in that subsection or by virtue of not producing it to the court for endorsement if—

• (a) he has instead posted or caused to be delivered as so mentioned a current receipt for the licence issued under this section or surrenders any such receipt to the court at the hearing; and

• (b) he produces the licence to the court immediately on its return.

• (5) A person shall not be guilty of an offence under section 103(2) of that Act by virtue of not producing his licence to the court as required under that subsection if instead—

• (a) he surrenders to the court a current receipt for the licence issued under this section ; and

• (b) he produces the licence to the court immediately on its return.

• (6) A person shall not be guilty of an offence under section 161(4) of that Act by virtue of not producing his licence on being required to do so by a constable under any provision of that section if either—

• (a) on the occasion when the production of his licence is so required he produces a current receipt for the licence issued under this section ; or

• (b) within five days after the production of his licence was so required he produces any such receipt in person at such police station as may have been specified by him on that occasion ;

and in either case, if required to do so, he produces the licence in person, immediately on its return, at such police station as may have been so specified.

• (7) Where a person is not in possession of his driving licence in consequence of the fact that he has surrendered the licence as mentioned in subsection (1) above, he shall not be taken to be in breach of any duty under section 87 or 89 of that Act (revocation on disability and in certain other circumstances) to deliver his licence forthwith to the Secretary of State if he delivers his licence to the Secretary of State immediately on its return.

Registration of sums payable in default for enforcement as fines

36

• (1) The following provisions of this section apply where by virtue of section 30(3) or 32(2) of this Act a sum determined by reference to the fixed penalty for any offence (referred to below in this section as a sum payable in default) may be registered under this section for enforcement against any person (referred to below in this section as the defaulter) as a fine.

• (2) Subject to subsection (3) below, the chief officer of police may issue a certificate in respect of any sum payable in default stating that the sum is registrable under this section for enforcement against the defaulter as a fine (referred to below in this section as a registration certificate).

• (3) Subsection (2) above shall not apply where the fixed penalty notice in question was given to the defaulter under section 27(1) of this Act in respect of an offence committed in Scotland; but in any such case the fixed penalty clerk—

• (a) if the defaulter appears to him to reside within the jurisdiction of the court of summary jurisdiction of which he is himself the clerk, shall register the sum payable in default for enforcement as a fine by that court;

• (b) in any other case, shall issue a registration certificate in respect of that sum.

• (4) Where the chief officer of police or the fixed penalty clerk issues a registration certificate under this section, he shall cause it to be sent—

• (a) if the defaulter appears to him to reside in England and Wales, to the clerk to the justices for the petty sessions area in which the defaulter appears to him to reside; and

• (b) if the defaulter appears to him to reside in Scotland, to the clerk of a court of summary jurisdiction for the area in which the defaulter appears to him to reside.

• (5) A registration certificate issued under this section in respect of any sum payable in default shall—

• (a) give particulars of the offence to which the fixed penalty notice relates;

• (b) indicate whether registration is authorised under section 30(3) or 32(2) of this Act; and

• (c) state the name and last known address of the defaulter and the amount of the sum payable in default.

• (6) Subject to subsection (7) below—

• (a) where the clerk to the justices for a petty sessions area receives a registration certificate issued under this section in respect of any sum payable in default, he shall register that sum for enforcement as a fine in that area by entering it in the register of a magistrates' court acting for that area ;

• (b) where the clerk of a court of summary jurisdiction receives a registration certificate so issued, he shall register the sum payable in default for enforcement as a fine by that court.

• (7) The clerk receiving a registration certificate so issued shall not be required by subsection (6) above to register the sum payable in default if it appears to him that the defaulter does not reside in the petty sessions area or (as the case may be) within the jurisdiction of the court of summary jurisdiction in question ; but in any such case he shall cause the certificate to be sent—

• (a) if the defaulter appears to him to reside in England and Wales, to the clerk to the justices for the petty sessions area in which the defaulter appears to him to reside; and

• (b) if the defaulter appears to him to reside in Scotland, to the clerk of a court of summary jurisdiction for the area in which the defaulter appears to him to reside ;

and that subsection shall apply accordingly on receipt by that clerk of the certificate as it applies on receipt by the clerk to whom it was originally sent.

• (8) Where the clerk to the justices for a petty sessions area or the clerk of a court of summary jurisdiction registers any sum under this section for enforcement as a fine, he shall thereupon give notice of registration to the defaulter, specifying the amount of that sum and giving the information with respect to the offence and the authority for registration included in the registration certificate by virtue of subsection (5) (a) and (b) above or (in a case within subsection (3) (a) above) the corresponding information.

• (9) For the purposes of this section, where the defaulter is a body corporate, the place where that body resides and the address of that body shall be either of the following—

• (a) the registered or principal office of that body ; and

• (b) the address which, with respect to the vehicle concerned, is the address recorded in the record kept under the Vehicles (Excise) Act 1971 as being that body's address.

• (10) On the registration of any sum in a magistrates' court or a court of summary jurisdiction by virtue of this section any enactment referring (in whatever terms) to a fine imposed or other sum adjudged to be paid on the conviction of such a court shall have effect in the case in question as if the sum so registered were a fine imposed by that court on the conviction of the defaulter on the date of the registration.

• (11) Accordingly, in the application by virtue of this section of the provisions of the Magistrates' Courts Act 1980 relating to the satisfaction and enforcement of sums adjudged to be paid on the conviction of a magistrates' court, section 85 of that Act (power to remit a fine in whole or in part) is not excluded by subsection (2) of that section (references in that section to a fine not to include any other sum adjudged to be paid on a conviction) from applying to a sum registered in a magistrates' court by virtue of this section.

Registration and endorsement invalid in certain circumstances

37

• (1) This section applies where—

• (a) a person who has received notice of the registration of a sum under section 36 of this Act for enforcement against him as a fine makes a statutory declaration to the effect mentioned in subsection (2) or (3) below (as the case may require); and

• (b) that declaration is served within twenty-one days of the date on which the person making it received notice of the registration on the clerk of the relevant court.

• (2) In a case where the registration was made by virtue of section 30(3) of this Act, the statutory declaration must state either—

• (a) that the person making the declaration was not the person to whom the relevant fixed penalty notice was given; or

• (b) that he gave notice requesting a hearing in respect of the alleged offence as permitted by the fixed penalty notice before the end of the suspended enforcement period.

• (3) In a case where the registration was made by virtue of section 32(2) of this Act, the statutory declaration must state either—

• (a) that the person making the declaration did not know of the fixed penalty concerned or of any fixed penalty notice or notice to owner relating to that penalty until he received notice of the registration ; or

• (b) that he was not the owner of the vehicle at the time of the alleged offence of which particulars are given in the relevant notice to owner and that he has a reasonable excuse for failing to comply with that notice; or

• (c) that he gave notice requesting a hearing in respect of that offence as permitted by the relevant notice to owner before the end of the period allowed under section 31 of this Act for response to that notice.

• (4) In any case within subsection (2)(a) above the relevant fixed penalty notice, the registration and any proceedings taken before the declaration was served for enforcing payment of the sum registered shall be void.

• (5) Where in any such case the person to whom the relevant fixed penalty notice was given surrendered a driving licence held by the person making the declaration, any endorsement of that licence made under section 34 of this Act in respect of the offence in respect of which that notice was given shall be void.

• (6) In any case within subsection (2)(b) above—

• (a) the registration, any proceedings taken before the declaration was served for enforcing payment of the sum registered, and any endorsement, in respect of the offence in respect of which the relevant fixed penalty notice was given, made under section 34 of this Act before the declaration was served, shall be void ; and

• (b) the case shall be treated after the declaration is served as if the person making the declaration had given notice requesting a hearing in respect of the alleged offence as stated in the declaration.

• (7) In any case within subsection (3)(a) or (b) above, the relevant notice to owner, the registration and any proceedings taken before the declaration was served for enforcing payment of the sum registered shall be void, but without prejudice, in a case within paragraph (a) of that subsection, to the service of a further notice to owner under section 31 of this Act on the person making the declaration.

This subsection applies whether or not the relevant notice to owner was duly served in accordance with that section on the person making the declaration.

• (8) In any case within subsection (3)(c) above, no proceedings for enforcing payment of the sum registered shall be taken after the statutory declaration is served until the end of the period of twenty-one days following the date of that declaration; and where before the end of that period a notice is served by or on behalf of the chief officer of police on the person making the declaration asking him to furnish a new statutory statement of ownership to that chief officer of police before the end of the period of twenty-one days from the date on which the notice is served, no such proceedings shall be taken until the end of the period allowed for response to that notice.

• (9) Where in any case within subsection (3)(c) above—

• (a) no notice is served by or on behalf of the chief officer of police in accordance with subsection (8) above ; or

• (b) such a notice is so served and the person making the declaration furnishes a new statutory statement of ownership in accordance with the notice ;

the registration and any proceedings taken before the declaration was served for enforcing payment of the sum registered shall be void, and the case shall be treated after the time mentioned in subsection (10) below as if the person making the declaration had given notice requesting a hearing in respect of the alleged offence as stated in the declaration.

• (10) The time referred to in subsection (9) above is—

• (a) in a case within paragraph (a) of that subsection, the end of the period of twenty-one days following the date of the statutory declaration ;

• (b) in a case within paragraph (b) of that subsection, the time when the statement is furnished.

Provisions supplementary to section 37

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• (1) It shall be the duty of the clerk of the relevant court to cancel an endorsement of a licence under section 34 of this Act that is void by virtue of section 37(5) or (6)(a) of this Act on production of the licence to him for that purpose, and to send notice of the cancellation to the Secretary of State.

• (2) In any case where notice is served by or on behalf of the chief officer of police in accordance with section 37(8), the chief officer of police shall cause the clerk of the relevant court to be notified of that fact immediately on service of the notice.

• (3) In any case within section 37(2)(b) or (3), section 127(1) of the Magistrates' Courts Act 1980 (1imitation of time) and section 331(1) of the Criminal Procedure (Scotland) Act 1975 (statutory offences time limit) shall have effect as if for the reference to the time when the offence was committed or (as the case may be) the time when the contravention occurred there were substituted a reference to the date of the statutory declaration made for the purposes of section 37(1).

• (4) For the purposes of section 37(1) a statutory declaration shall be taken to be duly served on the clerk of the relevant court if it is delivered to him, left at his office, or sent in a registered letter or by the recorded delivery service addressed to him at his office.

• (5) If on the application of a person who has received notice as mentioned in section 37(1)(a) it appears to the relevant court (which for this purpose may be composed of a single justice) that it was not reasonable to expect him to serve a statutory declaration to the effect there mentioned within the period allowed by that subsection, the court may accept service of such a declaration by that person after that period has expired; and a statutory declaration accepted under this subsection shall be taken to have been served as required by that subsection.

• (6) References in section 37 to the relevant fixed penalty notice or the relevant notice to owner are references to the fixed penalty notice or notice to owner relating to the fixed penalty concerned.

• (7) In section 37 and this section—

• (a) references to the relevant court are references—

• (i) in the case of a sum registered under section 36 of this Act for enforcement as a fine in a petty sessions area in England and Wales, to any magistrates' court acting for that area ; and

• (ii) in the case of a sum registered under that section for enforcement as a fine by a court of summary jurisdiction in Scotland, to that court;

• (b) references to the clerk of the relevant court, where that court is a magistrates' court, are references to a clerk to the justices for the petty sessions area for which that court is acting; and

• (c) references to proceedings for enforcing payment of the sum registered are references to any process issued or other proceedings taken for or in connection with enforcing payment of that sum;

and for the purposes of that section and this section a person shall be taken as receiving notice of the registration of a sum under section 36 of this Act for enforcement against him as a fine when he receives notice either of the registration as such or of any proceedings for enforcing payment of the sum registered.

• (8) Nothing in the provisions of section 37 or this section shall be read as prejudicing any rights a person may have apart from those provisions by virtue of the invalidity of any action purportedly taken in pursuance of this Part of this Act which is not in fact authorised by this Part of this Act in the circumstances of the case (and accordingly references in those provisions to the registration of any sum or to any other action taken under or by virtue of any provision of this Part of this Act shall not be read as implying that the registration or action was validly made or taken in accordance with that provision).

Notification of court and date of trial

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• (1) On an occasion when a person is given a fixed penalty notice under section 27(1) or 28(2) of this Act in respect of an offence, he may be given written notification specifying the magistrates' court by which and the date on which the offence will be tried if that person gives notice requesting a hearing in respect of the offence as permitted by the fixed penalty notice.

• (2) Subject to subsections (4) and (5) below, where—

• (a) a person has been notified in accordance with this section of the court and date of trial of an offence in respect of which he has been given a fixed penalty notice; and

• (b) that person has given notice requesting a hearing in respect of the offence as permitted by the fixed penalty notice;

the provisions of the Magistrates' Courts Act 1980 shall apply as mentioned in subsection (3) below.

• (3) Those provisions shall have effect for the purpose of any proceedings in respect of that offence as if—

• (a) the allegation in the fixed penalty notice with respect to that offence were an information duly laid in accordance with section 1 of that Act; and

• (b) the notification of court and date of trial were a summons duly issued on that information by a justice of the peace for the area for which the magistrates' court notified as the court of trial acts, requiring the person notified to appear before that court to answer to that information and duly served on him on the date on which the notification was given.

• (4) If, in a case within subsection (2) above, notice is served by or on behalf of the chief officer of police on the person who gave notice requesting a hearing stating that no proceedings are to be brought in respect of the offence concerned, that subsection shall not apply and no such proceedings may be brought against the person who gave notice requesting a hearing.

• (5) Section 14 of that Act (proceedings invalid where accused did not know of them) is not applied by subsection (2) above in a case where a person has been notified in accordance with this section of the court and date of trial of an offence.

• (6) This section does not apply to Scotland.

Court procedure in fixed penalty cases in Scotland

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• (1) Where, in relation to an offence committed in Scotland, a person is given a fixed penalty notice under section 27(1) of this Act in respect of an offence he may be given written notification specifying the court at which and the date on which the case will first call if that person gives notice requesting a hearing in respect of the offence as permitted by the fixed penalty notice; and such written notification may be either—

• (a) included in the fixed penalty notice ; or

• (b) given to the person in question at the time when he is given the fixed penalty notice.

• (2) Where—

• (a) a person has been notified in accordance with this section of the court and date of first calling of a case concerning an offence in respect of which he has been given a fixed penalty notice ; and

• (b) that person has given notice requesting a hearing in respect of the offence as permitted by the fixed penalty notice;

the following provisions of this section shall apply for the purpose of any proceedings in respect of the offence.

• (3) The notification of the court and date of first calling shall have effect as if it were a citation to an accused person by virtue of section 315 of the Criminal Procedure (Scotland) Act 1975 notwithstanding that such notification may not be in the form referred to in subsection (2) of that section.

• (4) A copy of the fixed penalty notice given under section 27(1) of this Act shall have effect as if it were a complaint under Part II of the said Act of 1975, and the provisions of that Part of that Act shall accordingly apply—

• (a) to the copy fixed penalty notice as if it were a complaint ; and

• (b) to the fixed penalty notice as if it were a copy complaint served on the accused under that Part of that Act.

• (5) For the purposes of subsection (4) above—