Traffic Management Act 2004

75 Power to require authority to apply for civil enforcement powers

(1) The appropriate national authority may by notice in writing under this section (a “notice to apply”) require a local authority to make an application under paragraph 8 of Schedule 8 for an order designating the whole or part of the local authority’s area as a civil enforcement area for parking contraventions.

(2) The notice must specify—

(a) the date by which the local authority is to make the application (“the application date”),

(b) the latest date by which the application must request that the order comes into force (“the in-force date”), and

(c) the area in respect of which the application is to be made.

(3) Before giving a notice to apply the appropriate national authority must inform the local authority concerned and the appropriate chief officer of police, in writing, of its intention to give such a notice, indicating the application date, the in-force date and the area it intends to specify in the notice.

(4) The local authority may make representations to the appropriate national authority to the effect—

(a) that a notice to apply should not be given to the authority, or

(b) that the notice should specify a different application date, a different in-force date, or a different area in respect of which the application is to be made.

(5) In considering whether to give a notice to apply the appropriate national authority must have regard to the local authority’s representations and take into account—

(a) the administrative burden of creating or extending a civil enforcement area and of enforcing parking contraventions within such an area,

(b) the financial circumstances of the local authority concerned and the likely expenses and receipts in connection with the proposed civil enforcement area,

(c) any representations made by the appropriate chief officer of police, and

(d) any other factors appearing to the appropriate national authority to be relevant.

(6) After a notice to apply has been given, it may be modified by agreement between the appropriate national authority and the local authority concerned.