The Civil Enforcement of Parking Contraventions Designation Order 2013

Statutory Instruments

2013 No. 2594

Road Traffic, England

The Civil Enforcement of Parking Contraventions Designation Order 2013

Made

15th October 2013

Laid before Parliament

21st October 2013

Coming into force

Articles 1, 3 and 4

12th November 2013

Articles 2, 5 and 6

20th November 2013

This Order is made in exercise of powers conferred by—

(a) section 89(3) of the Traffic Management Act 2004(1) (“the 2004 Act”);

(b) paragraph 8(1) of Schedule 8 to the 2004 Act;

(c) paragraph 3(1) of Schedule 10 to the 2004 Act; and

(d) section 144(3)(b) of the Transport Act 2000(2).

The Worcestershire 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 Council of the City of Newcastle upon Tyne 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.

Cheshire West and Chester Borough Council(3) 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 Schedule 8, and paragraph 3(4) of Schedule 10, to the 2004 Act, the Secretary of State has consulted the chief officers of police of West Mercia Police, Northumbria Police and Cheshire Constabulary.

Accordingly, the Secretary of State(4) makes this Order.

Citation and commencement

1.—(1) This Order may be cited as the Civil Enforcement of Parking Contraventions Designation Order 2013.

(2) Articles 1, 3 and 4 of this Order come into force on 12th November 2013.

(3) Articles 2, 5 and 6 come into force on 20th November 2013.

Revocation of previous orders

2.  The Civil Enforcement of Parking Contraventions (County of Cheshire) (City of Chester and Borough of Ellesmere Port & Neston) Designation Order 2008(5) is revoked.

Amendment of the Civil Enforcement of Parking Contraventions (City of Newcastle upon Tyne) Designation Order 2009

3.—(1) The Civil Enforcement of Parking Contraventions (City of Newcastle upon Tyne) Designation Order 2009(6) is amended as follows.

(2) Omit paragraphs (a), (b), (c) and (d) of the Schedule.

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

4.  The Secretary of State designates the part of the area of The Worcestershire County Council specified in Schedule 1 as—

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

(b) a special enforcement area.

5.  The Secretary of State designates the part of the area of Cheshire West and Chester Borough Council specified in Schedule 2 as—

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

(b) a special enforcement area.

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

6.—(1) The Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005(7) is amended as follows.

(2) In the table in Schedule 2, in the row relating to the Cheshire West and Chester Borough Council, in column 2 for “2008/3198” substitute “2013/2594”.

Signed by authority of the Secretary of State

Robert Goodwill

Parliamentary Under Secretary of State

Department for Transport

15th October 2013

SCHEDULES

Article 4

SCHEDULE 1 The part of the area of The Worcestershire County Council designated as a civil enforcement area for parking contraventions and as a special enforcement area

The whole of the area of The Malvern Hills District Council except—

(a) the M5 motorway from Ordnance Survey national grid reference point SO8693550071 to Ordnance Survey national grid reference point SO8950640761, including its slip roads; and

(b) the M50 motorway from Ordnance Survey national grid reference point SO8779737191 to Ordnance Survey national grid reference point SO7793733039, including its slip roads.

Article 5

SCHEDULE 2 The part of the area of Cheshire West and Chester Borough Council designated as a civil enforcement area for parking contraventions and as a special enforcement area

The whole of the area of Cheshire West and Chester Borough Council except—

(a) The A41 from its junction with the A56 at Ordnance Survey national grid reference point SJ4281568065 to the Shropshire County boundary at Grindley Brook at Ordnance Survey national grid reference point SJ5213643345;

(b) The A49 from—

(i) the Cheshire East boundary at Quoisley Canal Bridge at Ordnance Survey national grid reference point SJ5393546380 to the Cheshire East boundary at Bickley Moss at Ordnance Survey national grid reference point SJ5476349665;

(ii) the Cheshire East boundary at Beeston at Ordnance Survey national grid reference point SJ5580658573 to Utkinton at Ordnance Survey national grid reference point SJ5691565032, including the Four Lane Ends junction;

(iii) the boundary of Cotebrook at Ordnance Survey national grid reference point SJ5738366043 to Cuddington at Ordnance Survey national grid reference point SJ5953370775; and

(iv) the boundary of Cuddington at Ordnance Survey national grid reference point SJ6009071967 to the Warrington Borough Council boundary at Whitley at Ordnance Survey national grid reference point SJ6145581446;

(c) The A50 from the Cheshire East boundary at Cranage at Ordnance Survey national grid reference point SJ7460470195 to the Cheshire East Boundary at Over Peover Bridge at Ordnance Survey national grid reference point SJ7559272855;

(d) The A54 from—

(i) the junction with the A51 at Ordnance Survey national grid reference point SJ4820166724 to its junction with B5074 at Ordnance Survey national grid reference point SJ6403465909;

(ii) the boundary of Stanthorne at Ordnance Survey national grid reference point SJ6808366225 to the Cheshire East boundary at Middlewich at Ordnance Survey national grid reference point SJ6941966696; and

(iii) the Cheshire East boundary at Middlewich at Ordnance Survey national grid reference point SJ7140566685 to the Cheshire East boundary at Sproston at Ordnance Survey national grid reference point SJ7393767032;

(e) The A55 from its junction with the M53 junction 12 at Ordnance Survey national grid reference point SJ4340668427 to the Flintshire County boundary at Bretton at Ordnance Survey national grid reference point SJ3571663198, including its slip roads;

(f) The A56 from—

(i) The boundary of Helsby at Ordnance Survey national grid reference point SJ5042876244 to the boundary of Frodsham at Ordnance Survey national grid reference point SJ5131377471; and

(ii) The boundary of Sutton Weaver at Ordnance Survey national grid reference point SJ5304178495 to the boundary of Sutton Weaver at Ordnance Survey national grid reference point SJ5393979283;

(g) The A483 from the boundary of Marlston-cum-Lache at Ordnance Survey national grid reference point SJ3904962701 to the Wrexham County boundary at Pulford at Ordnance Survey national grid reference point SJ3663859366;

(h) A494 from the Flintshire County boundary at Shotwick at Ordnance Survey national grid reference point SJ3389871064 to its junction with the M56 at Saughall at Ordnance Survey national grid reference point SJ3706772112;

(i) The A530 from—

(i) the Cheshire East boundary at Wimboldsley at Ordnance Survey national grid reference point SJ6838362044 to the Cheshire East boundary at Stanthorne at Ordnance Survey national grid reference point SJ6952465518;

(ii) the Cheshire East boundary at Croxton Bridge at Ordnance Survey national grid reference point SJ6954867291 to its junction with the A556 at Rudheath at Ordnance Survey national grid reference point SJ6853772658; and

(iii) the boundary of Rudheath at Ordnance Survey national grid reference point SJ6836073212 to the boundary of Lostock Gralam at Ordnance Survey national grid reference point SJ6858874603;

(j) The A533 from—

(i) the boundary of Dutton at Ordnance Survey national grid reference point SJ5751279284 to the boundary of Barnton at Ordnance Survey national grid reference point SJ6251775663; and

(ii) the traffic signal crossroads at Kingsmead at Ordnance Survey national grid reference point SJ6583471595 to its junction with the A54 Middlewich Road at Stanthorne at Ordnance Survey national grid reference point SJ6910266759, including its slip roads;

(k) The A540 from its junction with the A550 at Puddington at Ordnance Survey national grid reference point SJ3489974144 to Neston at Ordnance Survey national grid reference point SJ3128577520;

(l) The A550 from its junction with the A41 at Hooton at Ordnance Survey national grid reference point SJ3631178352 to the Flintshire County boundary at Shotwick at Ordnance Survey national grid reference point SJ3387171089;

(m) The A556 from—

(i) its junction with the A54 at Delamere at Ordnance Survey national grid reference point SJ5451168540 to its junction with the B5152 Station Road at Delamere at Ordnance Survey national grid reference point SJ5631668626;

(ii) its junction with Waste Lane at Oakmere at Ordnance Survey national grid reference point SJ5684668904 to its junction with the A49 at Cuddington at Ordnance Survey national grid reference point SJ5935470345; and

(iii) its junction with Norley Road at Sandiway at Ordnance Survey national grid reference point SJ6112270897 to the Cheshire East Boundary at Lostock Gralam at Ordnance Survey national grid reference point SJ7019775472, including its slip roads;

(n) The A559 from—

(i) the Warrington Borough Council boundary at Whitley at Ordnance Survey national grid reference point SJ6275680905 to Lostock Gralam at Ordnance Survey national grid reference point SJ6895875039; and

(ii) the boundary of Lostock Gralam at Ordnance Survey national grid reference point SJ6980975293 to its junction with the A556 at Ordnance Survey national grid reference point SJ6998275375;

(o) The A5117 from—

(i) its junction with the A540 Parkgate Road at Saughall at Ordnance Survey national grid reference point SJ3654971897 to its junction with the M56 at Ordnance Survey national grid reference point SJ3756972480 including the roundabout; and

(ii) its junction with the M53 junction 10 at Little Stanney at Ordnance Survey national grid reference point SJ4157674238 to its junction with the M56 junction 14 at Elton at Ordnance Survey national grid reference point SJ4653674617, including both roundabouts at those junctions;

(p) The M6 for its entire length within the area, including its slip roads, from—

(i) Ordnance Survey national grid reference point SJ7333374396 to Ordnance Survey national grid reference point SJ7352770695; and

(ii) Ordnance Survey national grid reference point SJ7431566682 to Ordnance Survey national grid reference point SJ7494165736;

(q) The M53 for its entire length within the area from Ordnance Survey national grid reference point SJ3684278908 to Ordnance Survey national grid reference point SJ4346668427, including its slip roads; and

(r) The M56 for its entire length within the area, including its slip roads, from—

(i) Ordnance Survey national grid reference point SJ3706772112 to Ordnance Survey national grid reference point SJ5290079430; and

(ii) Ordnance Survey national grid reference point SJ5413079739 to Ordnance Survey national grid reference point SJ5543779710.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order designates the area of the Malvern Hills District Council, with the exception of the roads referred to in Schedule 1, 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.

This Order also amends the Civil Enforcement of Parking Contraventions (City of Newcastle upon Tyne) Designation Order 2009 (S.I. 2009/596, “the 2009 Order”) so as to permit civil enforcement on some of the roads that were previously excluded.

This Order simultaneously revokes the Civil Enforcement of Parking Contraventions (County of Cheshire) (City of Chester and Borough of Ellesmere Port & Neston) Designation Order 2008 (S.I. 2008/3198, “the 2008 Order”) made under the Traffic Management Act 2004. This Order then re-designates the area previously designated by the 2008 Order alongside a further area so as to designate the whole of the area of Cheshire West and Chester Borough Council with the exception of the roads referred to at Schedule 2.

This Order also makes a consequential amendment to the Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005 (S.I. 2005/2755).

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.

(1)

2004 c.18.

(2)

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.

(3)

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 West and Chester (article 4(1)).

(4)

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.

(5)

S.I. 2008/3198.

(6)

S.I. 2009/596.

(7)

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, 2010/2790, 2012/846, 2012/2659 and 2013/992.