Traffic Management Act 2004

Yn ddilys o 31/03/2008

Section 84

SCHEDULE 10 E+W Civil enforcement: special enforcement areas

Designation of special enforcement areas in Greater London E+W

1 (1) The Secretary of State may, on an application by a London authority, make an order designating the whole or part of that authority's area as a special enforcement area. E+W

(2) An area may only be so designated if it is within, or is co-extensive with, an area that is a civil enforcement area for parking contraventions within paragraph 3 of Schedule 7 (parking contraventions other than those relating to parking places).

(3) An application under this paragraph may be made—

(a) by Transport for London, to the extent that the special enforcement area is to consist of GLA roads;

(b) by a London local authority, to the extent that the special enforcement area is to consist of roads other than GLA roads.

(4) Before making an order under this paragraph the Secretary of State shall consult the Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London or, if appropriate, both of them.

(5) An order in force immediately before the commencement of this Part of this Act under section 76 of the Road Traffic Act 1991 (c. 40) designating an area in Greater London as a special parking area has effect on and after the commencement of this Part of this Act as if it were an order under this paragraph designating the area as a special enforcement area.

Variation of special enforcement area by Mayor of London E+W

2 (1) The Mayor of London may by order under this paragraph amend an order for the time being in force under paragraph 1 so as to vary the area that for the time being constitutes the special enforcement area. E+W

(2) No such order may be made without the consent of the relevant London authority for every road that the order has the effect of bringing within, or removing from, the special enforcement area.

(3) The relevant London authority is—

(a) as regards GLA roads, Transport for London;

(b) as regards roads other than GLA roads, the London local authority in whose area the road is situated.

(4) An order under this paragraph must not be such as to bring within a special enforcement area an area as to which the Secretary of State has specified by order that it is expedient on grounds of national security that no part of it should be included in a special enforcement area.

(5) An order in force immediately before the commencement of this Part of this Act under section 76A(1) or (3)(a) of the Road Traffic Act 1991 (c. 40) has effect on and after the commencement of this Part of this Act as if it made corresponding provision under this paragraph.

Designation of special enforcement areas outside Greater London E+W

3 (1) The appropriate national authority may, on an application under this paragraph, make an order designating the whole or part of a local authority's area as a special enforcement area. E+W

(2) An area may only be so designated if it is within, or is co-extensive with, an area that is a civil enforcement area for parking contraventions.

(3) An application under this paragraph may be made—

(a) with respect to the whole or part of their area, by a county council in England;

(b) with respect to the whole or part of their area, by a county council or county borough council in Wales;

(c) with respect to the whole of their area, by a metropolitan district council;

(d) with respect to the whole of their areas, by two or more metropolitan district councils acting jointly;

(e) with respect to the whole or part of the Isles of Scilly, by the Council of the Isles of Scilly.

(4) Before making an order under this paragraph the appropriate national authority shall consult the appropriate chief officer of police.

(5) An order in force immediately before the commencement of this Part of this Act under paragraph 2(1) of Schedule 3 to the Road Traffic Act 1991 designating an area outside Greater London as a special parking area has effect on and after the commencement of this Part of this Act as if it were an order under this paragraph designating the area as a special enforcement area.