The York and North Yorkshire Combined Authority Order 2023

Civil enforcement of road traffic contraventions

15.—(1) The functions of the constituent councils as enforcement authorities specified in the following enactments are exercisable by the Combined Authority in relation to the Enforcement Area comprising the civil enforcement areas of the constituent councils—

(a) Part 6 (civil enforcement of road traffic contraventions) of, and paragraphs 9 and 10 of Schedule 8 (civil enforcement areas and enforcement authorities outside Greater London)(1), to the TM Act;

(b) the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022(2); and

(c) the Civil Enforcement of Road Traffic Contraventions (Representation and Appeals) Regulations 2022(3).

(2) The functions mentioned in paragraph (1) are exercisable by the Combined Authority (in relation to the Enforcement Area) concurrently with each constituent council (in relation to its civil enforcement area).

(3) In this article—

(a) “civil enforcement area” means an area designated as a civil enforcement area under Schedule 8 to the TM Act (civil enforcement areas and enforcement authorities) which falls within the Area;

(b) “Enforcement Area” means the area comprising all of the civil enforcement areas of the constituent councils; and

(c) “enforcement authority” means an enforcement authority for the purposes of Part 6 of the TM Act pursuant to paragraph 9(4) or 10(5) of Schedule 8 to that Act.

(4) Any exercise of the functions conferred by paragraph (1) requires the consent of each constituent council in whose area it is proposed that the functions are to be exercised.

(1)

Paragraph 9 of Schedule 8 to the Traffic Management Act 2004 (c. 18) is amended by paragraph 19 of Schedule 11 to the Deregulation Act 2015 (c. 20). There are amendments to Part 6 of the Traffic Management Act 2004 that are not relevant to this instrument.

(2)

S.I. 2022/71.

(3)

S.I. 2022/576.