C1C2C3C4C5Part 6Civil enforcement of traffic contraventions
Pt. 6 amendment to earlier affecting provision 2006 c. 12, s. 15 15A (as amended) (14.2.2012) by London Olympic Games and Paralympic Games (Amendment) Act 2011 (c. 22), ss. 5(2)-(6), 10(1)
Pt. 6 applied by 2006 c. 12, s. 16(3) (as inserted (14.2.2012) by London Olympic Games and Paralympic Games (Amendment) Act 2011 (c. 22), ss. 6(4), 10(1))
Pt. 6: 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
Pt. 6: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 17
Civil penalties for road traffic contraventions
I1I275Power 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.
Pt. 6 applied (with modifications) (temp.) (5.10.2009) by London Olympic Games and Paralympic Games Act 2006 (c. 12), ss. 15(2)(3), 40(2) (with s. 40(6)); S.I. 2009/2577, art. 2