Statutory Instruments
2009 No. 494
Criminal Law, England And Wales
The Fixed Penalty (Procedure) (Amendment) Regulations 2009
Made
5th March 2009
Laid before Parliament
9th March 2009
Coming into force
1st April 2009
These Regulations are made in exercise of the powers conferred by sections 84 and 88(4) of the Road Traffic Offenders Act 1988( 1 ).
The Secretary of State has consulted with such representative organisations as appear appropriate in accordance with section 88(2) of that Act.
Accordingly, the Secretary of State makes the following Regulations:
Citation, commencement and extent
1. —(1) These Regulations may be cited as the Fixed Penalty (Procedure) (Amendment) Regulations 2009 and shall come into force on 1st April 2009.
(2) These Regulations do not extend to Scotland.
Interpretation
2. In these Regulations, “the Principal Regulations” mean the Fixed Penalty (Procedure) Regulations 1986( 2 ).
Amendment of the Principal Regulations
3. —(1) The Principal Regulations are amended as follows.
(2) After regulation 1(3), insert the following—
“ (4) These Regulations shall not apply if the fixed penalty notice is given or affixed by a vehicle examiner in accordance with the Road Traffic Offenders Act 1988. ” .
(3) In regulation 2(2), after “driving licence” insert “(if the offender holds a driving licence) or driving record (if the offender does not hold a driving licence)”.
(4) In regulation 3(2), after “driving licence” insert “(if held)”.
(5) In regulation 4(1), after “driving licence” insert “(if that person is a holder of a licence which has been surrendered or delivered)”.
(6) In regulation 6, after “notice was given” where it appears for the second time, insert “, if that person holds a driving licence”.
(7) In regulation 8, omit “to whom the driving licence was sent”.
Amendment of the Schedule to the Principal Regulations
4. The Schedule to the Principal Regulations is amended as follows—
(1) In column 3 of item 1 (fixed penalty notice), in the entry marked (viii), after “surrendered the licence” add “, if he holds such a licence”.
(2) In column 1 of items 2 and 3 (receipt for driving licence), after “driving licence” or “licence”, wherever either appears, add “if the offender holds a driving licence”.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department of Transport
5th March 2009
1988 c.53 . Relevant amendments to Part 3 of the 1988 Act (which makes provision in relation to fixed penalties) have been made by S.I. 1990/144 , section 34 of, and paragraphs 102 - 108 of Schedule 4, and Schedule 8, to the Road Traffic Act 1991 (c.40) , paragraph 25 of Schedule 3 to the Vehicle Excise and Registration Act 1994 (c. 22) , paragraph 32 of Part 2 of Schedule 8 to the Police and Magistrates’ Courts Act 1994 (c. 29) , paragraphs 5 and 6 of Schedule 2 to the Road Traffic (New Drivers) Act 1995 (c.13) , paragraphs 140 and 150 – 153 of Schedule 13, and Tables 1 and 7 of Part 5 of Schedule 15, to the Access to Justice Act 1999 (c. 22) , sections 76 and 108 of the Police Reform Act 2002 (c.30) , sections 69 and 109 of, and Schedule 8 to, the Railways and Transport Safety Act 2003 (c.20) , paragraphs 314 - 322, of Schedule 8 to the Courts Act 2003 (c.39) , Part 14 of the Schedule to the Statute Law (Repeals) Act 2004 (c.14) , section 16 of the Domestic Violence, Crime and Victims Act 2004 (c.28) , and by sections 3, 5, 8 and 9 of, and by Schedule 1, paragraphs 2 to 32 of Schedule 2, and paragraphs 1 to 3 of Schedule 7 to, the Road Safety Act 2006 (c. 49) .
1986/1330 , to which there are amendments not relevant to these Regulations; these Regulations have effect as if made under section 84 of the Act, by virtue of section 2(2) of the Road Traffic (Consequential Provisions) Act 1988 (c. 54) .