Search Legislation

Traffic Management Act 2004

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Traffic Management Act 2004. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Traffic Management Act 2004

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

Commencement Orders bringing legislation that affects this Act into force:

Prospective

Section 74

SCHEDULE 8E+WCivil enforcement areas and enforcement authorities

This schedulenoteType=Explanatory Notes has no associated

Part 1 E+WIn Greater London

Civil enforcement of parking contraventions relating to parking placesE+W

1(1)The whole of Greater London is a civil enforcement area for parking contraventions within paragraph 2 of Schedule 7 (contraventions relating to parking places).E+W

(2)References in this Part of this Act to the enforcement authority in relation to such contraventions are to the authority by whom the parking place in question was designated or provided.

Civil enforcement of other parking contraventionsE+W

2(1)The Secretary of State may, on an application by a London authority, make an order designating the whole or part of the authority's area as a civil enforcement area for parking contraventions within paragraph 3 of Schedule 7 (contraventions other than those relating to parking places).E+W

(2)An application may be made—

(a)by Transport for London, to the extent that the civil enforcement area is to consist of GLA roads;

(b)by a London local authority, to the extent that the civil enforcement area is to consist of roads other than GLA roads.

(3)Before making an order under this paragraph the Secretary of State shall consult the Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London or, if appropriate, both of them.

(4)An order in force immediately before the commencement of this Part of this Act designating an area in Greater London as a special parking area under section 76 of the Road Traffic Act 1991 (c. 40) has effect on and after the commencement of this Part of this Act as if it were an order under this paragraph designating that area as a civil enforcement area for such parking contraventions as are mentioned in sub-paragraph (1).

(5)References in this Part of this Act to the enforcement authority in relation to such contraventions in Greater London are—

(a)as respects parking, or any matter connected with or relating to parking, on or adjacent to a GLA road, to Transport for London;

(b)as respects parking, or any matter connected with or relating to parking, on or adjacent to a road other than a GLA road, to the London local authority in whose area the road is situated.

Variation of civil enforcement area by Mayor of LondonE+W

3(1)The Mayor of London may by order under this paragraph amend an order for the time being in force under paragraph 2 so as to vary the area that for the time being constitutes the civil enforcement area.E+W

(2)No such order may be made without the consent of the relevant London authority for every road that the order has the effect of bringing within, or removing from, the civil enforcement area.

(3)The relevant London authority is—

(a)as regards GLA roads, Transport for London;

(b)as regards roads other than GLA roads, the London local authority in whose area the road is situated.

(4)An order under this paragraph must not be such as to bring within a civil enforcement area an area as to which the Secretary of State has specified by order that it is expedient on grounds of national security that no part of it should be included in a civil enforcement area.

(5)An order in force immediately before the commencement of this Part of this Act under section 76A(1) or (3)(a) of the Road Traffic Act 1991 (c. 40) has effect on and after the commencement of this Part of this Act as if made under the corresponding provision of this paragraph.

Civil enforcement of bus lane contraventionsE+W

4(1)The whole of Greater London is a civil enforcement area for bus lane contraventions.E+W

(2)References in this Part of this Act to the enforcement authority in relation to bus lane contraventions in Greater London are—

(a)in relation to contraventions on GLA roads, to Transport for London or the relevant London local authority acting with the written consent of Transport for London;

(b)in relation to contraventions on roads other than GLA roads, to the relevant London local authority or Transport for London acting with the written consent of the relevant London local authority.

(3)Consent under sub-paragraph (2)(a) or (b) may be given with respect to the whole or part of the area of the relevant London local authority.

(4)In this paragraph “the relevant London local authority” means the London local authority in whose area the contravention is committed.

(5)Any consent in force immediately before the commencement of this Part of this Act for the purposes of the provisions of regulations under section 144 of the Transport Act 2000 (c. 38) corresponding to the provisions of this paragraph has effect on and after the commencement of this Part of this Act as if given under this paragraph.

Civil enforcement of London lorry ban contraventionsE+W

5(1)The whole of Greater London is a civil enforcement area for London lorry ban contraventions.E+W

(2)References in this Part of this Act to the enforcement authority in relation to such contraventions are—

(a)in relation to contraventions on GLA roads, to Transport for London;

(b)in relation to contraventions on roads other than GLA roads, to the London local authority in whose area the contravention is committed.

Civil enforcement of moving traffic contraventions: London local authoritiesE+W

6(1)A London local authority may by resolution declare the whole or part of its area to be a civil enforcement area for moving traffic contraventions.E+W

(2)The resolution must specify the date on which it is to have effect, which must be not less than three months after publication of the notice required by sub-paragraph (3).

(3)The authority shall cause notice to be published in a local newspaper circulating in their area—

(a)of the passing of the resolution, and

(b)of the general effect of the provisions of this Act coming into operation as a result of it.

(4)A photocopy or other reproduction certified by the officer appointed for that purpose by the authority to be a reproduction of a page or part of a page of any such newspaper bearing the date of its publication and containing any such notice shall be evidence of the publication of the notice and of the date of publication.

(5)A civil enforcement area declared by resolution under this paragraph does not extend to any GLA road.

(6)In relation to moving traffic contraventions in a civil enforcement area created by resolution under this paragraph, references in this Part of this Act to the enforcement authority are to the London local authority by whom the resolution was passed or Transport for London acting with the written consent of that authority.

Consent may be given with respect to the whole or part of the area of the London local authority.

Civil enforcement of moving traffic contraventions: Transport for LondonE+W

7(1)Transport for London may declare the whole or part of one or more GLA roads to be a civil enforcement area for moving traffic contraventions.E+W

(2)The declaration must specify the date on which it is to have effect, which must be not less than three months after publication of the notice required by sub-paragraph (3).

(3)Transport for London shall cause notice to be published in a local newspaper circulating in the area of each London local authority in which a road, or part of a road, to which the declaration relates is situated—

(a)of the making of the declaration, and

(b)of the general effect of the provisions of this Act coming into operation as a result of it.

(4)A photocopy or other reproduction certified by the officer appointed for that purpose by Transport for London to be a reproduction of a page or part of a page of any such newspaper bearing the date of its publication and containing any such notice shall be evidence of the publication of the notice and of the date of publication.

(5)In relation to moving traffic contraventions in a civil enforcement area declared under this paragraph, references in this Part of this Act to the enforcement authority are to Transport for London or the London local authority in whose area the contravention is committed acting with the written consent of Transport for London.

Consent may be given with respect to the whole or part of the area of a London local authority.

Part 2 E+WOutside Greater London

Designation of civil enforcement areas for parking contraventionsE+W

8(1)The appropriate national authority may, on an application under this paragraph, make an order designating the whole or part of a local authority's area as a civil enforcement area for parking contraventions.E+W

(2)An application under this paragraph may be made—

(a)with respect to the whole or part of their area, by a county council in England;

(b)with respect to the whole or part of their area, by a county council or county borough council in Wales;

(c)with respect to the whole of their area, by a metropolitan district council;

(d)with respect to the whole of their areas, by two or more metropolitan district councils acting jointly;

(e)with respect to the whole or part of the Isles of Scilly, by the Council of the Isles of Scilly.

(3)Before making an order under this paragraph the appropriate national authority shall consult the appropriate chief officer of police.

(4)An order in force immediately before the commencement of this Part of this Act designating an area outside Greater London as a permitted parking area and special parking area under paragraphs 1(1) and 2(1) of Schedule 3 to the Road Traffic Act 1991 (c. 40) has effect on and after the commencement of this Part of this Act as an order under this paragraph designating the area as a civil enforcement area for parking contraventions.

(5)References in this Part of this Act to the enforcement authority in relation to parking contraventions in a civil enforcement area outside Greater London, are—

(a)in relation to contraventions relating to a parking place—

(i)provided or authorised under section 32(1)(a) or (b) of the Road Traffic Regulation Act 1984 (c. 27), or

(ii)designated by order under section 45 of that Act,

to the authority by whom the parking place was provided, authorised or designated;

(b)in relation to other parking contraventions, to the local authority in whose area the contravention is committed.

Designation of civil enforcement areas for bus lane contraventionsE+W

9(1)The appropriate national authority may make an order designating the whole or part of a local authority's area as a civil enforcement area for bus lane contraventions.E+W

(2)An area may only be so designated if it is within, or is co-extensive with, an area already designated as a civil enforcement area for parking contraventions.

(3)An order in force immediately before the commencement of this Part of this Act approving a local authority for the purposes of section 144 of the Transport Act 2000 (c. 38) (civil penalties for bus lane contraventions) has effect on and after the commencement of this Part of this Act as an order under this paragraph designating as a civil enforcement area for bus lane contraventions so much of that authority's area as is a civil enforcement area for parking contraventions.

(4)References in this Part of this Act to the enforcement authority in relation to bus lane contraventions outside Greater London are to the local authority in whose area the contravention is committed.

Designation of civil enforcement areas for moving traffic contraventionsE+W

10(1)The appropriate national authority may, on an application under this paragraph, make an order designating the whole or part of a local authority's area as a civil enforcement area for moving traffic contraventions.E+W

(2)An area may only be so designated if it is within, or is co-extensive with, an area already designated as a civil enforcement area for parking contraventions.

(3)An application under this paragraph may be made—

(a)with respect to the whole or part of their area, by a county council in England;

(b)with respect to the whole or part of their area, by a county council or county borough council in Wales;

(c)with respect to the whole or part of their area, by a metropolitan district council;

(d)with respect to the whole of their areas, by two or more metropolitan district councils acting jointly;

(e)with respect to the whole or part of the Isles of Scilly, by the Council of the Isles of Scilly.

(4)Before making an order under this paragraph the appropriate national authority shall consult the appropriate chief officer of police.

(5)In relation to a civil enforcement area designated by order under this paragraph, references in this Part of this Act to the enforcement authority are to the authority on whose application the order was made or, if the application was a joint application, any of the authorities on whose application the order was made.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources