Part 2: Bus lane contraventions
732.Part 2 of Schedule 11 amends the procedure by which the Secretary of State (as the “relevant national authority”) may specify a local authority as an “approved local authority” for the purposes of enforcing bus lane contraventions.
733.Paragraph 17 removes the requirement under section 144(3)(b) of the Transport Act 2000 (the “TA 2000”) for the Secretary of State to specify an “approved local authority” by means of an order and, instead, allows the Secretary of State to do so by means of a notice in writing. Section 144 has been repealed, but that repeal is not yet in force in England. The amendment made by paragraph 17 only has effect until the date when that repeal comes into force.
734.Paragraph 18 is a transitional provision enabling an authority that has already been specified as an “approved local authority” by an order made under section 144 of the TA 2000 to continue to be treated as such, as if it had been notified in writing once these changes take effect. This is intended to ensure that the amendment of section 144 does not have the unwanted effect of rendering invalid any orders already made by the Secretary of State.
735.Paragraph 19 inserts a new sub-paragraph (3A) into paragraph 9 of Schedule 8 to the Traffic Management Act 2004 (the “TMA 2004”), which is not yet in force in England. That Schedule introduces a new regime for enforcement of bus lane contraventions which will replace that in the TA 2000. Sub-paragraph (3A) provides that a notice under section 144 of the TA 2000 that has been given (and not withdrawn) before the commencement of paragraph 9 of Schedule 8 will be treated as an order under that paragraph. This will enable a local authority that could enforce bus lane contraventions under the old system to continue to do so under the new system without the need for an order to be made under the TMA 2004.
736.The amendments made in this Part of the Schedule form part of the law of England and Wales but will only affect England. They come into force at the end of the period of 2 months beginning with the day on which the Act is passed.