The Civil Enforcement of Parking Contraventions (West Berkshire) Designation Order 2009

Statutory Instruments

2009 No. 464

Road Traffic, England

The Civil Enforcement of Parking Contraventions (West Berkshire) Designation Order 2009

Made

28th February 2009

Laid before Parliament

6th March 2009

Coming into force

6th April 2009

This Order is made in exercise of the powers conferred by paragraphs 8(1) of Schedule 8 and 3(1) of Schedule 10 to the Traffic Management Act 2004(1).

West Berkshire District Council(2) has applied to the Secretary of State for an order to be made under these powers in respect of part of its area.

The Secretary of State has consulted the Chief Constable of the Thames Valley Police in accordance with the requirements of paragraphs 8(3) of Schedule 8 and 3(4) of Schedule 10.

Accordingly, the Secretary of State for Transport(3) makes this Order.

Citation and commencement

1.  This Order may be cited as the Civil Enforcement of Parking Contraventions (West Berkshire) Designation Order 2009 and shall come into force on 6th April 2009.

Designation of civil enforcement area and special enforcement area

2.  The Secretary of State designates the area described in the Schedule as—

(a) a civil enforcement area for parking contraventions; and

(b) a special enforcement area.

Signed by authority of the Secretary of State

Paul Clark

Parliamentary Under Secretary of State

Department for Transport

28th February 2009

Article 2

SCHEDULE Area designated as a civil enforcement area for parking contraventions and a special enforcement area

This Order applies to the area of the West Berkshire District Council with the exception of—

(a) the M4 from the boundary with the district of Kennet (at Ordnance Survey National Grid reference point SU290775) to the boundary of the borough of Reading (at Ordnance Survey National Grid reference point SU696695);

(b) the A34 (including its on and off slip roads) from the boundary of the district of The Vale of White Horse (at Ordnance Survey National Grid reference point SU487841) to the boundary of the borough of Basingstoke & Deane (at Ordnance Survey National Grid reference point SU443635);

(c) the A4 from its junction with the A340 Pangbourne Road (at Ordnance Survey National Grid reference point SU633707) to its junction with Pincents Lane (at Ordnance Survey National Grid reference point SU654717); and

(d) the A339 from its junction with the A34 (at Ordnance Survey National Grid reference point SU472709 on the southbound carriageway and SU473713 on the northbound carriageway) to its junction with the A4 (at Ordnance Survey National Grid reference point SU475680).

EXPLANATORY NOTE

(This note is not part of the Order)

This Order designates the area described in the Schedule as a civil enforcement area in respect of parking contraventions, and as a special enforcement area, for the purposes of Part 6 of the Traffic Management Act 2004.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

2004 c.18.

(2)

West Berkshire District Council, (“the Council”), is a district council for an area for which there is no county council. The functions of the county council of the Royal County of Berkshire in so far as they related to Newbury district were transferred to the Council under article 3 of the Berkshire (Structural Change) Order 1996 (SI. 1996/1879). Newbury District Council changed its name to West Berkshire District Council, in accordance with the provisions of section 74 of the Local Government Act 1972, with effect from 1^st April 1998. References in enactments to a county council are construed as including a reference to a district council by virtue of regulation 5(1) and 5(6) of the Local Government Changes for England Regulations 1994 (S.I. 1994/867); relevant amending instruments are S.I. 1996/611, regulation 2(3)(a) and S.I. 2008/2867, regulation 34.

(3)

The Secretary of State, under section 92 of the Traffic Management Act 2004, is the ‘appropriate national authority’ as regards England for the purposes of Part 6 of that Act.