The Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) and Civil Enforcement of Moving Traffic Contraventions Designation Order 2024 No. 1135


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United Kingdom Statutory Instruments


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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

2024 No. 1135

ROAD TRAFFIC, ENGLAND

The Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) and Civil Enforcement of Moving Traffic Contraventions Designation Order 2024

Made

6th November 2024

Laid before Parliament

11th November 2024

Coming into force

7th December 2024

The Secretary of State makes this Order in exercise of the powers conferred by paragraphs 9(1) and 10(1) of Schedule 8 to the Traffic Management Act 2004( 1) (“ the Act”).

Bolton Council, Bury Council, Devon County Council, Dudley Metropolitan Council, Hull City Council, Leicestershire County Council, North Somerset Council, North Yorkshire Council, Nottinghamshire County Council, Plymouth City Council, Portsmouth City Council, Sandwell Metropolitan Borough Council, Sefton Council, Solihull Metropolitan Borough Council, Southend-on-Sea City Council, Stockport Metropolitan Borough Council, Suffolk County Council, Sunderland City Council, Wiltshire Council, City of Wolverhampton Council and, City of York Council have each applied to the Secretary of State for an order to be made in exercise of the powers in paragraph 10(1) of Schedule 8 to the Act in respect of part or parts of their respective areas.

West Sussex County Council have applied to the Secretary of State for an order to be made in exercise of the powers in paragraph 9(1) and 10(1) of Schedule 8 to the Act in respect of part or parts of their respective areas.

Pursuant to paragraphs 10(4) of Schedule 8 to the Act the Secretary of State has consulted the chief officers of the Avon and Somerset Police, Devon and Cornwall Police, Essex Police, Greater Manchester Police, Hampshire and Isle of Wight Constabulary, Humberside Police, Leicestershire Police, Merseyside Police, North Yorkshire Police, Northumbria Police, Nottinghamshire Police, Suffolk Constabulary, Sussex Police, West Midlands Police and Wiltshire Police.

Part 1 Introductory Provisions

Citation, commencement, extent and application

1.—(1) This Order may be cited as the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) and Civil Enforcement of Moving Traffic Contraventions Designation Order 2024 and comes into force on 7th December 2024.

(2) This Order extends to England and Wales, but applies only in England.

Interpretation

2.  In this Order “ relevant date” means the date on which this Order is made.

Part 2 Designation of civil enforcement areas for moving traffic and bus lane contraventions

Designation of civil enforcement areas for moving traffic contraventions

3.  The Secretary of State designates each of the following areas as a civil enforcement area for moving traffic contraventions—

(a) the part of the area of Bolton Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Bolton) Order 2000( 2) as it had effect immediately before the relevant date;

(b) the part of the area of Bury Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Bury) Order 2002( 3) as it had effect immediately before the relevant date;

(c) the part of the area of Devon County Council designated as a civil enforcement area and special enforcement area by the Civil Enforcement of Parking Contraventions (County of Devon) Designation Order 2008( 4) as it had effect immediately before the relevant date;

(d) the part of the area of Dudley Metropolitan Borough Council designated as a civil enforcement area and special enforcement area by the Civil Enforcement of Parking Contraventions (Dudley) Designation Order 2008( 5) as it had effect immediately before the relevant date;

(e) the part of the area of Hull City Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Kingston upon Hull) Order 2006( 6) as it had effect immediately before the relevant date;

(f) the part of the area of Leicestershire County Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Leicestershire) Order 2007( 7) as it had effect immediately before the relevant date;

(g) the parts of the area of the North Somerset Council—

(i) designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Somerset) (District of Taunton Deane) Order 2001( 8) as it had effect immediately before the relevant date; and

(ii) designated as a civil enforcement area and special enforcement area by article 4 (designation of civil enforcement areas and special enforcement areas under the Traffic Management Act 2004) of, and Schedule 6 to, the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) and Civil Enforcement of Parking Contraventions Designation Order 2012( 9) as it had effect immediately before the relevant date;

(h) the parts of the area of the North Yorkshire Council—

(i) designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (County of North Yorkshire) (Borough of Harrogate) Order 2002( 10), and the Road Traffic (Permitted Parking Area and Special Parking Area) (County of North Yorkshire) (Borough of Scarborough) Order 2007( 11) as each had effect immediately before the relevant date; and

(ii) designated as a civil enforcement area and special enforcement area by article 3 (designation of civil enforcement areas and special enforcement areas under the Traffic Management Act 2004) of, and Schedule 4 to, the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) and Civil Enforcement of Parking Contraventions Designation Order 2013( 12) as it had effect immediately before the relevant date;

(i) the part of the area of Nottinghamshire County Council designated as a civil enforcement area and special enforcement area by the Civil Enforcement of Parking Contraventions (County of Nottinghamshire) Designation Order 2008( 13) as it had effect immediately before the relevant date;

(j) the part of the area of Plymouth City Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Plymouth) Order 2001( 14) as it had effect immediately before the relevant date;

(k) the part of the area of Portsmouth City Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Portsmouth) Order 1999( 15) as it had effect immediately before the relevant date;

(l) the part of the area of Sandwell Metropolitan Borough Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Sandwell) Order 2000( 16) as it had effect immediately before the relevant date;

(m) the part of the area of Sefton Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Sefton) Order 2000( 17) as it had effect immediately before the relevant date;

(n) the part of the area of Solihull Metropolitan Borough Council designated as a permitted parking area and as a special parking area by article 3 (designation of civil enforcement areas and special enforcement areas under the Traffic Management Act 2004) of, and Schedule 5 to, the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) and Civil Enforcement of Parking Contraventions Designation Order 2012( 18) as it had effect immediately before the relevant date;

(o) the part of the area of Southend-on-Sea City Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Southend-on-Sea) Order 2001( 19) as it had effect immediately before the relevant date;

(p) the part of the area of Stockport Metropolitan Borough Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Stockport) Order 2005( 20) as it had effect immediately before the relevant date;

(q) the part of the area of Suffolk County Council designated as a civil enforcement area and special enforcement area by article 5 of, and Schedule 3 to, the Civil Enforcement of Parking Contraventions Designation Order 2020( 21) as it had effect immediately before the relevant date;

(r) the part of the area of Sunderland City Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Sunderland) Order 2002( 22) as it had effect immediately before the relevant date;

(s) the part of the area of West Sussex County Council designated as a civil enforcement area and as a special enforcement area by the Civil Enforcement of Parking Contraventions Designation (No.2) (West Sussex) (Chichester and Crawley) Order 2010( 23) as it had effect immediately before the relevant date;

(t) the parts of the area of the Wiltshire Council—

(i) designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Wiltshire) (District of Salisbury) Order 2001( 24), the Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Swindon) Order 2003( 25), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Wiltshire) (Districts of Kennet and North Wiltshire) Order 2006( 26) as each had effect immediately before the relevant date; and

(ii) designated as a civil enforcement area and special enforcement area by the Civil Enforcement of Parking Contraventions (County of Wiltshire) (District of West Wiltshire) Designation Order 2008( 27) as it had effect immediately before the relevant date;

(u) the part of the City of Wolverhampton Council designated as a permitted parking area and as a special parking areas by the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Wolverhampton) Order 2006( 28) as it had effect immediately before the relevant date;

(v) the part of the City of York Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (District of York) Order 2000( 29) as it has effect immediately before the relevant date.

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

4.—(1) The Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005( 30) is amended as follows( 31).

(2) In the table in Schedule 1, in the row relating to the West Sussex County Council, after the words “S.I. 2007/2322”, insert, “, 2005/3492 and 2005/3494”.

(3) In the table in Schedule 2, after the row relating to the Council of the West Berkshire District Council, insert—

The West Sussex County Council 2009/24, 2010/689, 2010/1514 and 2023/1256.

Signed by authority of the Secretary of State for Transport

Lilian Greenwood

Parliamentary Under Secretary of State

Department for Transport

6th November 2024

Explanatory Note

(This note is not part of the Order)

This Order designates part or parts of the following local authority areas as moving traffic contravention civil enforcement areas for the purposes of Part 6 of the Traffic Management Act 2004 (c. 18): Bolton Council, Bury Council, Devon County Council, Dudley Metropolitan Borough Council, Hull City Council, Leicestershire County Council, North Somerset Council, North Yorkshire Council, Nottinghamshire County Council, Plymouth City Council, Portsmouth City Council, Sandwell Metropolitan Borough Council, Sefton Council, Solihull Metropolitan Borough Council, Southend-on-Sea City Council, Stockport Metropolitan Borough Council, Suffolk County Council, Sunderland City Council, West Sussex County Council, Wiltshire Council, City of Wolverhampton Council and City of York Council. Each of the areas designated is the same as, or falls within, the area already designated by the Secretary of State for the enforcement of parking contraventions. This Order also amends the Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005 ( S.I. 2005/2755). This amendment designates parts of West Sussex County Council’s area as a civil enforcement area for bus lane contraventions for the purposes of Part 6 of the Traffic Management Act 2004. The designated areas are the same as areas already designated by Secretary of State for the enforcement of parking contraventions.

The practical effect of the Order is to enable the local authorities mentioned to enforce moving traffic within part or parts of their areas through a civil law regime and, in the case of West Sussex County Council, bus lane contraventions within an additional part of their areas.

A full Impact Assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary, or public sector is foreseen. An Explanatory Memorandum has been prepared for this Order and is available alongside this Order on the UK Legislation websitewww.legislation.gov.uk.

( 1)

2004 c. 18. The Secretary of State is the “appropriate national authority” as regards England for the purposes of Part 6 of, and Schedule 8 to, the Traffic Management Act 2004, by virtue of section 92(1) of that Act.

( 12)

S.I. 2013/992.

( 14)

S.I. 2001/787.

( 15)

S.I. 1999/768.

( 16)

S.I. 2000/791.

( 17)

S.I. 2000/8.

( 18)

S.I. 2012/846.

( 20)

S.I. 2005/81.

( 21)

S.I. 2020/14.

( 23)

S.I. 2010/689, amended by S.I. 2023/1256.

( 24)

S.I. 2001/849.

( 31)

Article 2 of the Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005 (“ 2005 Order”) provides that the local authorities listed in the Schedule 1 are approved for the purposes of section 144 of the Transport Act 2000 (c. 38). Paragraph 9(3) of Schedule 8 to the Traffic Management Act 2004 (“ 2004 Act”) provides that the 2005 Order has effect as if made under paragraph 9 of Schedule 8 to the 2004 Act.


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