The Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) and Civil Enforcement of Parking Contraventions Designation Order 2012

Type Statutory-Instrument
Publication 2012-03-21
State In force
Department Queen's Printer of Acts of Parliament
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Made: 21st March 2012

Laid before Parliament: 23rd March 2012

Coming into force

Accordingly, the Secretary of State[^f00006] makes this Order.

Citation and commencement

1

Revocation of previous orders

2

The Road Traffic (Permitted Parking Area and Special Parking Area) (City of Derby) Order 2006[^f00007] and the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Solihull) Order 2007[^f00008] are revoked.

Designation of civil enforcement areas and special enforcement areas under the Traffic Management Act 2004

3

4

The Secretary of State designates the part of the area of The Somerset County Council specified in Schedule 6 as—

Amendment of the Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005

5

The Northumberland County Council 2012/846

SCHEDULE 1 — The part of the area of The Derby City Council designated as a civil enforcement area for parking contraventions and as a special enforcement area

The whole of the area of The Derby City Council except—

SCHEDULE 2 — The part of the area of The Hampshire County Council designated as a civil enforcement area for parking contraventions and as a special enforcement area

The whole of the area of The East Hampshire District Council except—

SCHEDULE 3 — Map 1

Map 2a

Map 2b

Map 3

Map 4

Map 5

SCHEDULE 4 — The part of the area of The Northumberland County Council designated as a civil enforcement area for parking contraventions and as a special enforcement area

The whole of the area of The Northumberland County Council except—

SCHEDULE 5 — The part of the area of The Solihull Metropolitan Borough Council designated as a civil enforcement area for parking contraventions and as a special enforcement area

The whole of the area of The Solihull Metropolitan Borough Council except—

SCHEDULE 6 — The part of the area of The Somerset County Council designated as a civil enforcement area for parking contraventions and as a special enforcement area

The whole of the areas of The Mendip District Council, The Sedgemoor District Council, The South Somerset District Council and The West Somerset District Council except—

Signed

Signed by the authority of the Secretary of State

Norman Baker — Parliamentary Under Secretary of State — Department for Transport — 21st March 2012

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order designates part of the area of each of The Derby City Council, The Hampshire County Council, The Northumberland County Council, The Solihull Metropolitan Borough Council and The Somerset County Council as a civil enforcement area for parking contraventions and as a special enforcement area for the purposes of Part 6 of the Traffic Management Act 2004.

It simultaneously revokes the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Derby) Order 2006 (S.I. 2006/1445) and the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Solihull) Order 2007 (S.I. 2007/2535) made under the predecessor designation scheme contained in the Road Traffic Act 1991. Substantially the same areas as those previously designated by the 2006 and 2007 Orders are re-designated under the Traffic Management Act 2004 by this Order. However, in the case of The Derby City Council’s area there is a minor change to reflect the altered layout of the junction where the A6 road feeds into the A5111 road at Raynesway Park. In relation to The Solihull Metropolitan Borough Council’s area, the roads within the site of Birmingham International Airport, previously excluded under the 2007 Order, are now included within the designated area.

This Order also amends the Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005 (S.I. 2005/2755, “the 2005 order”).

The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005 (S.I. 2005/2757), made under section 144 of the Transport Act 2000, provide for the enforcement of bus lane restrictions through the imposition, by approved local authorities, of penalty charges in respect of contraventions of such restrictions. By amending the 2005 order, this order specifies The Northumberland County Council as an approved local authority for the purposes of that section.

An impact assessment has not been produced as no impact on the private or voluntary sectors is foreseen. An Explanatory Memorandum is available alongside the instrument on the UK legislation website, www.legislation.gov.uk.

Footnotes

[^f00001]: 2004 c.18.

[^f00002]: 2000 c.38; section 144(3) was modified by S.I. 2007/2053 (as inserted by S.I. 2008/757), for a transitional period beginning with 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). 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.

[^f00003]: The City of Derby is a county created by the Derbyshire (City of Derby) (Structural Change) Order 1995 (S.I. 1995/1773).

[^f00004]: The Northumberland County Council was constituted as the sole tier of local government in the county of Northumberland by the Northumberland (Structural Change) Order 2008 (S.I. 2008/494).

[^f00005]: The Solihull Metropolitan Borough Council is a district council for an area which has no county council. In such circumstances, reference to “a county council” in any enactment is construed as including a reference to a district 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). The Solihull Metropolitan Borough Council is accordingly entitled to apply to the Secretary of State for designation of all or part of its area by virtue of paragraph 8(2)(a) of Schedule 8, and paragraph 3(3)(a) of Schedule 10, to the Traffic Management Act 2004.

[^f00006]: The Secretary of State is, by virtue of section 92 of the Traffic Management Act 2004, the ‘appropriate national authority’ as regards England for the purposes of Part 6 of that Act.

[^f00007]: S.I. 2006/1445.

[^f00008]: S.I. 2007/2535.

[^f00009]: S.I. 2005/2755, amended by S.I. 2005/3406, 2006/593, 2006/1447, 2006/1516, 2006/2632, 2006/2820, 2006/3212, 2006/3419, 2006/3425, 2007/551, 2007/647, 2007/1512, 2007/1585, 2007/2323, 2007/2536, 2007/2838, 2007/3554, 2010/99 and 2010/2790.

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