The Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) (No. 2) and Civil Enforcement of Parking Contraventions Designation (No. 4) Order 2010

Statutory Instruments

2010 No. 2790

Local Government, England

Road Traffic, England

The Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) (No. 2) and Civil Enforcement of Parking Contraventions Designation (No. 4) Order 2010

Made

18th November 2010

Laid before Parliament

23rd November 2010

Coming into force

31st December 2010

This order is made in exercise of powers conferred by—

(a) section 144(3)(b) of the Transport Act 2000(1);

(b) section 89(3) of the Traffic Management Act 2004(2) (“the 2004 Act”);

(c) paragraph 2(1) of Schedule 8, and paragraph 1(1) of Schedule 10, to the 2004 Act;

(d) paragraph 3(4) of Schedule 8, and paragraph 2(4) of Schedule 10, to the 2004 Act; and

(e) paragraph 8(1) of Schedule 8, and paragraph 3(1) of Schedule 10, to the 2004 Act.

The Darlington Borough Council(3) has applied to the Secretary of State for an order to be made, in exercise of the powers mentioned in paragraph (e) above, in respect of part of that council’s area.

In accordance with the requirements of paragraph 8(3) of Schedule 8, and paragraph 3(4) of Schedule 10, to the 2004 Act, the Secretary of State has consulted the Chief Constable of Durham Constabulary.

The council of the City of Westminster has applied to the Secretary of State for an order to be made, in exercise of the powers mentioned in paragraph (c) above, in respect of part of that council’s area.

In accordance with the requirements of paragraph 2(3) of Schedule 8, and paragraph 1(4) of Schedule 10, to the 2004 Act, the Secretary of State has consulted the Commissioner of Police of the Metropolis.

Accordingly, the Secretary of State(4) makes this order.

(1)

2000 c.38. Section 144(3) was modified by S.I. 2007/2053 (C.78) (as amended by S.I. 2008/757 (C. 35)), for a transitional period beginning on 31st March 2008. (See also the correction slip dated June 2009 (ISBN 978-0-11-081271-7) which made a minor correction to S.I. 2008/757 (C. 35).) The powers conferred by section 144 are conferred on “the relevant national authority”. By virtue of section 144(14), the Secretary of State is the “relevant national authority”, as respects England, for the purposes of section 144.

(2)

2004 c.18.

(3)

The Durham (Borough of Darlington) (Structural Change) Order 1995 (S.I. 1995/1772) created a new county named “the county of Darlington” comprising the area of the borough of Darlington (article 8). The county of Darlington has no county council (see article 8(3) of S.I. 1995/1772). Reference in paragraph 8(2)(a) of Schedule 8, and paragraph 3(3)(a) of Schedule 10, to the Traffic Management 2004 (“the 2004 Act”) to “a county council” is construed as including a reference to a district council (and so to the Darlington Borough Council) by virtue of regulation 5(1) and (6) of the Local Government Changes for England Regulations 1994 (S.I. 1994/867, to which relevant amendments were made by S.I. 1995/1748, 1996/330, 1996/611 and 2008/2867).

(4)

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