Traffic Management Act 2004

Part 2 E+W Outside Greater London

Designation of civil enforcement areas for parking contraventions E+W

8 (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 civil enforcement area for parking contraventions. E+W

(2) 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.

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

(4) An order in force immediately before the commencement of this Part of this Act designating an area outside Greater London as a permitted parking area and special parking area under paragraphs 1(1) and 2(1) of Schedule 3 to the Road Traffic Act 1991 (c. 40) has effect on and after the commencement of this Part of this Act as an order under this paragraph designating the area as a civil enforcement area for parking contraventions.

(5) References in this Part of this Act to the enforcement authority in relation to parking contraventions in a civil enforcement area outside Greater London, are—

(a) in relation to contraventions relating to a parking place—

(i) provided or authorised under section 32(1)(a) or (b) of the Road Traffic Regulation Act 1984 (c. 27), or

(ii) designated by order under section 45 of that Act,

to the authority by whom the parking place was provided, authorised or designated;

(b) in relation to other parking contraventions, to the local authority in whose area the contravention is committed.

Commencement Information

I1 Sch. 8 para. 8 in force at 31.3.2008 for E. by S.I. 2007/2053, arts. 1(2), 3(1)(2)(f) (with arts. 5-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3, 5)

I2 Sch. 8 para. 8(1)(2)(b)(3)-(5) in force at 31.3.2008 for W. by S.I. 2007/3174, art. 2, Sch.

Designation of civil enforcement areas for bus lane contraventions E+W

9 (1) The appropriate national authority may make an order designating the whole or part of a local authority's area as a civil enforcement area for bus lane contraventions. E+W

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

(3) An order in force immediately before the commencement of this Part of this Act approving a local authority for the purposes of section 144 of the Transport Act 2000 (c. 38) (civil penalties for bus lane contraventions) has effect on and after the commencement of this Part of this Act as an order under this paragraph designating as a civil enforcement area for bus lane contraventions so much of that authority's area as is a civil enforcement area for parking contraventions.

[F1 (3A) A notice given (and not withdrawn) before the commencement of this Part of this Act approving a local authority in England for the purposes of section 144 of the Transport Act 2000 (civil penalties for bus lane contraventions) has effect on and after the commencement of this Part of this Act (in relation to England) as an order under this paragraph designating as a civil enforcement area for bus lane contraventions so much of that authority's area as is a civil enforcement area for parking contraventions.]

(4) References in this Part of this Act to the enforcement authority in relation to bus lane contraventions outside Greater London are to the local authority in whose area the contravention is committed.

Textual Amendments

F1 Sch. 8 para. 9(3A) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(p), Sch. 11 para. 19

Modifications etc. (not altering text)

C1 Sch. 8 para. 9: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 15

Commencement Information

I3 Sch. 8 para. 9 in force at 31.3.2008 for W. by S.I. 2007/3174, art. 2, Sch.

I4 Sch. 8 para. 9 in force at 31.5.2022 for E. by S.I. 2022/66, arts. 1(2), 2(2)(c) (with art. 3(1)-(3))

Designation of civil enforcement areas for moving traffic contraventions E+W

10 (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 civil enforcement area for moving traffic contraventions. E+W

(2) An area may only be so designated if it is within, or is co-extensive with, an area already designated as 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 or part 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) In relation to a civil enforcement area designated by order under this paragraph, references in this Part of this Act to the enforcement authority are to the authority on whose application the order was made or, if the application was a joint application, any of the authorities on whose application the order was made.

Modifications etc. (not altering text)

C2 Sch. 8 para. 10: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 15

C3 Sch. 8 para. 10: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 17

Commencement Information

I5 Sch. 8 para. 10 in force at 31.5.2022 for E. by S.I. 2022/66, arts. 1(2), 2(2)(c) (with art. 3(1)-(3))

I6 Sch. 8 para. 10(1)(2)(3)(b)(4)(5) in force at 31.3.2008 for W. by S.I. 2007/3174, art. 2, Sch.