The Civil Enforcement of Parking Contraventions Designation Order 2010

Statutory Instruments

2010 No. 98

Road Traffic, England

The Civil Enforcement of Parking Contraventions Designation Order 2010

Made

28th January 2010

Laid before Parliament

4th February 2010

Coming into force in accordance with article 1

This order is made in exercise of powers conferred by section 89(3) of the Traffic Management Act 2004(1) and by paragraph 8(1) of Schedule 8, and paragraph 3(1) of Schedule 10, to that Act.

The Cheshire East Borough Council(2) has applied to the Secretary of State for an order to be made, in exercise of those powers, in respect of part of that council’s area.

The Cornwall Council(3) has applied to the Secretary of State for an order to be made, in exercise of those powers, in respect of the whole of that council’s area.

The Lancashire County Council has applied to the Secretary of State for an order to be made, in exercise of those powers, in respect of part of that council’s area.

The North Lincolnshire Borough Council(4) has applied to the Secretary of State for an order to be made, in exercise of those powers, in respect of part of that council’s area.

In accordance with the requirements of paragraph 8(3) of that Schedule 8 and paragraph 3(4) of that Schedule 10, the Secretary of State has consulted the Chief Constable of Cheshire Constabulary, the Chief Constable of the Devon and Cornwall Constabulary, the Chief Constable of the Humberside Police and the Chief Constable of Lancashire Constabulary.

Accordingly, the Secretary of State(5) makes this order.

Citation and commencement

1.—(1) This order may be cited as the Civil Enforcement of Parking Contraventions Designation Order 2010.

(2) Except for articles 2(c) and 3(2)(b), this order shall come into force on 1st March 2010.

(3) Articles 2(c) and 3(2)(b) shall come into force on 1st April 2010.

Revocation of previous orders

2.  The following orders are revoked—

(a) the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Lancashire) Order 2004(6);

(b) the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Cheshire) (Borough of Crewe and Nantwich) Order 2007(7);

(c) the Civil Enforcement of Parking Contraventions (County of Cornwall) Designation Order 2008(8); and

(d) the Civil Enforcement of Parking Contraventions (County of Cheshire) (Borough of Macclesfield) Designation Order 2008(9).

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

3.—(1) The Secretary of State designates each of the areas mentioned in paragraph (2) as—

(a) a civil enforcement area for parking contraventions; and

(b) a special enforcement area.

(2) Those areas are—

(a) the part of the area of the Cheshire East Borough Council specified in Schedule 1;

(b) the whole of the area of The Cornwall Council;

(c) the part of the area of The Lancashire County Council specified in Schedule 2; and

(d) the part of the area of The North Lincolnshire Borough Council specified in Schedule 3.

Signed by authority of the Secretary of State

Sadiq Khan

Minister of State

Department for Transport

28th January 2010

SCHEDULES

Article 3(2)(a)

SCHEDULE 1 The part of the area of the Cheshire East Borough Council designated as a civil enforcement area for parking contraventions and as a special enforcement area

The whole of the area of the Cheshire East Borough Council except—

(a) the M6 motorway, including its slip roads;

(b) the M56 motorway, including its slip roads;

(c) the A49 road;

(d) the A500 road from junction 16 of the M6 (at Ordnance Survey National Grid reference point SJ7774352427) to its junction with the B5074 (at Ordnance Survey National Grid reference point SJ6505953616);

(e) the A534 road from its junction with the A5020 (at Ordnance Survey National Grid reference point SJ7234455395) to its junction with the M6 (at Ordnance Survey National Grid reference point SJ7687561814);

(f) the A556 trunk road from the M56/A56 roundabout (at Ordnance Survey National Grid reference point SJ7437785872) to junction 19 of the M6 (at Ordnance Survey National Grid reference point SJ7227779484); and

(g) the A5020 road from its junction with the A500 (at Ordnance Survey National Grid reference point SJ7445052380) to its junction with the A532 at Ordnance Survey National Grid reference point SJ7234455395).

Article 3(2)(c)

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

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

(a) the M6 motorway, including its slip roads;

(b) the M55 motorway, including its slip roads;

(c) the M58 motorway, including its slip roads;

(d) the M61 motorway, including its slip roads;

(e) the M65 motorway, including its slip roads;

(f) the M66 motorway, including its slip roads;

(g) the A6 road—

(i) from junction 1A of the M65 (at Ordnance Survey National Grid reference point SD5557024894) to its junction with the A582 (at Ordnance Survey National Grid reference point SD5565925182), and

(ii) from junction 29 of the M6 (at Ordnance Survey National Grid reference point SD5675424934) to its junction with Capitol Way, Walton-le-Dale (at Ordnance Survey National Grid reference point SD5543728137);

(h) the A56 road;

(i) the A65 road;

(j) the A565 road;

(k) the A570 road from its junction with the A59 (at Ordnance Survey National Grid reference point SD4111108739) to the western boundary of the council’s area (at Ordnance Survey National Grid reference point SD3610315381);

(l) the A582 road;

(m) the A585 road from junction 3 of the M55 (at Ordnance Survey National Grid reference point SD4152834884) to its junction with the A587 (at Ordnance Survey National Grid reference point SD3349047495);

(n) the A601M road;

(o) the A671 road from junction 10 of the M65 (at Ordnance Survey National Grid reference point SD8255132716) to its junction with the A679 (at Ordnance Survey National Grid reference point SD8274332563);

(p) the A679 link road from junction 9 of the M65 (at Ordnance Survey National Grid reference point SD8032132127) to its junction with the A679 (at Ordnance Survey National Grid reference point SD8041131912);

(q) the A683 road from its junction with the A589 (at Ordnance Survey National Grid reference point SD4574263219) to its junction with the B5273 (at Ordnance Survey National Grid reference point SD4512462380);

(r) the A6068 road from junction 14 of the M65 (at Ordnance Survey National Grid reference point SD8753339783) to its junction with the B6247 (at Ordnance Survey National Grid reference point SD8819040139); and

(s) the B6434 road from the M65 entry slip road at junction 11 of the M65 (at Ordnance Survey National Grid reference point SD8346433585), around the roundabout at that junction, and to the M65 exit slip road at that junction 11 (at Ordnance Survey National Grid reference point SD8353433561).

Article 3(2)(d)

SCHEDULE 3 The part of the area of The North Lincolnshire Borough Council designated as a civil enforcement area for parking contraventions and as a special enforcement area

The whole of the area of The North Lincolnshire Borough Council except—

(a) the M180 motorway, including its slip roads;

(b) the M181 motorway, including its slip roads;

(c) the A180 trunk road, including its slip roads;

(d) the A160 trunk road;

(e) the A15 road, including its slip roads; and

(f) the A18 road except the following sections—

(i) through the villages of Althorpe and Gunness, from Ordnance Survey National Grid reference point SE8369210421 to Ordnance Survey National Grid reference point SE8487211156,

(ii) from its junction with the A159 (at Ordnance Survey National Grid reference point SE8914309988) to its junction with the A1029 in Scunthorpe (at Ordnance Survey National Grid reference point SE9177908640),

(iii) through the town of Brigg and the village of Wrawby, from Ordnance Survey National Grid reference point SE9850307059 to Ordnance Survey National Grid reference point TA0288709132, and

(iv) through the village of Melton Ross from Ordnance Survey National Grid reference point TA0671410704 to Ordnance Survey National Grid reference point TA0726510700.

EXPLANATORY NOTE

(This note is not part of the order)

This order designates part of the area of each of the following councils 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—

• the Cheshire East Borough Council;

• The Lancashire County Council; and

• The North Lincolnshire Borough Council.

The order designates the whole of the area of The Cornwall 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.

The order revokes the following orders—

• the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Lancashire) Order 2004 (S.I. 2004/2028);

• the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Cheshire) (Borough of Crewe and Nantwich) Order 2007 (S.I. 2007/3566);

• the Civil Enforcement of Parking Contraventions (County of Cornwall) Designation Order 2008 (S.I. 2008/1055); and

• the Civil Enforcement of Parking Contraventions (County of Cheshire) (Borough of Macclesfield) Designation Order 2008 (S.I. 2008/1084).

An impact assessment has not been produced as no impact on the private or voluntary sectors is foreseen.

(1)

2004 c.18.

(2)

By the Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), the county of Cheshire was abolished and its county council wound up and dissolved (article 5). That order established a new non-metropolitan county and a new non-metropolitan district, each to be known as Cheshire East (article 3(1)). That order established the Cheshire East Council (article 3(2)), as a district council. By virtue of section 245(1)(a) of the Local Government Act 1972 (c.70), the Cheshire East Council is now called the Cheshire East Borough Council following conferral of borough status on the district of Cheshire East by Her Majesty on 10th December 2008. The county of Cheshire East has no county council (see article 3(4) of S.I. 2008/634). References in enactments to “a county council” are construed as including a reference to a district council (and so to the Cheshire East Borough Council) by virtue of regulation 3(1) of the Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008 (S.I. 2008/2867).

(3)

The council of the county of Cornwall is now, by virtue of the Cornwall (Structural Change) Order 2008 (S.I. 2008/491), the sole principal authority for the county of Cornwall. On 23rd June 2009, that council passed a resolution that the word “County” should be omitted from its name; accordingly, that council’s name is, by virtue of article 3(3) of S.I. 2008/491 (as amended by S.I. 2009/837), “The Cornwall Council”.

(4)

The Humberside (Structural Change) Order 1995 (S.I. 1995/600) created a new district and a new county, each called “North Lincolnshire” (articles 3(2) and 5(1)) and a new non-metropolitan district council for North Lincolnshire (article 3(4)). By virtue of section 245(1)(a) of the Local Government Act 1972 (c.70), that council is now called The North Lincolnshire Borough Council following conferral of borough status on the district of North Lincolnshire by Her Majesty on 16th December 1996. The county of North Lincolnshire has no county council (see article 5(2) of S.I. 1995/600). Reference to “a county council” is construed as including a reference to a district council (and so to The North Lincolnshire 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).

(5)

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.

(6)

S.I. 2004/2028.

(7)

S.I. 2007/3566.

(8)

S.I. 2008/1055.

(9)

S.I. 2008/1084.