The Civil Enforcement of Parking Contraventions (County of Ceredigion) Designation Order 2012

Welsh Statutory Instruments

2012 No. 1189 (W.146)

ROAD TRAFFIC, WALES

The Civil Enforcement of Parking Contraventions (County of Ceredigion) Designation Order 2012

Made

29 April 2012

Laid before the National Assembly for Wales

1 May 2012

Coming into force

4 June 2012

This Order is made in exercise of the powers conferred on the National Assembly for Wales by sections 74, 84 and 89 of, and paragraphs 8(1) of Schedule 8 and 3(1) of Schedule 10 to, the Traffic Management Act 2004(1). These powers are now vested in the Welsh Ministers(2).

Ceredigion County Council has applied to the Welsh Ministers for an order to be made under these powers with respect to the whole of its area.

The Welsh Ministers have consulted the chief officer of Dyfed Powys Police in accordance with the requirements of paragraphs 8(3) of Schedule 8 and 3(4) of Schedule 10 to the Traffic Management Act 2004.

Accordingly, the Welsh Ministers make this Order.

Title and commencement

1.  This Order is called the Civil Enforcement of Parking Contraventions (County of Ceredigion) Designation Order 2012 and comes into force on 4 June 2012.

Designation of civil enforcement area for parking contraventions and special enforcement area

2.—(1) The Welsh Ministers designate the area described in paragraph (2) as—

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

(b)a special enforcement area.

(2) The designated area is the County of Ceredigion.

(3) In this article—

“civil enforcement area” (“ardal gorfodi sifil”) has the meaning given by paragraph 8 of Schedule 8 to the 2004 Act,

“parking contravention” (“tramgwydd parcio”) has the meaning given by Part 1 of Schedule 7 to the 2004 Act,

“special enforcement area” (“ardal gorfodi arbennig”) has the meaning given by paragraph 3 of Schedule 10 to the 2004 Act, and

“the 2004 Act” (“Deddf 2004”) means the Traffic Management Act 2004.

Carl Sargeant

Minister for Local Government and Communities, one of the Welsh Ministers

29 April 2012

Explanatory Note

(This note is not part of the Order)

This Order designates the County of Ceredigion as a civil enforcement area for parking contraventions, and as a special enforcement area, for the purposes of Schedules 8 and 10 to the Traffic Management Act 2004. The practical effect of the Order is to enable Ceredigion County Council to enforce parking contraventions within the County of Ceredigion through a civil law regime, as opposed to enforcement by police or traffic wardens in a criminal law context.

A full Regulatory Impact Assessment and Explanatory Memorandum can be obtained from the Orders Branch, Transport, Local Government and Communities, Welsh Government, Crown Offices, Cathays Park, Cardiff, CF10 3NQ or on the National Assembly for Wales website at:

http://www.assemblywales.org/bus-home/bus-legislation/bus-fourth-legislation-sub/bus-legislation-sub-annulment-fourth.htm

(2)

These powers are exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006, pursuant to which the Welsh Ministers are the 'appropriate national authority' as regards Wales under section 92(1) of the Traffic Management Act 2004.