Statutory Instruments
Road Traffic, England
Made
21st June 2023
Laid before Parliament
27th June 2023
Coming into force
22nd July 2023
The Secretary of State makes this Order in exercise of the powers conferred by paragraph 10(1) of Schedule 8 to the Traffic Management Act 2004(1) (“the Act”).
Bournemouth, Christchurch and Poole Council, Birmingham City Council, Bristol City Council, Cambridgeshire County Council, Central Bedfordshire Council, Cheshire West and Chester Borough Council, the City of Bradford Metropolitan District Council, Coventry City Council, Gloucestershire County Council, the District of Herefordshire County Council, Hertfordshire County Council, Lancashire County Council, Leeds City Council, Leicester City Council, Liverpool City Council, Manchester City Council, Medway Council, the Council of the City of Newcastle upon Tyne, North Northamptonshire Council, Nottingham City Council, Oldham Council, Peterborough City Council, Rochdale Council, Rotherham Metropolitan Borough Council, Salford City Council, Sheffield City Council, Shropshire Council, South Gloucestershire Council, Southampton City Council, the City of Stoke-on-Trent Council, Thurrock Borough Council, Trafford Council, Walsall Metropolitan Borough Council, West Berkshire District Council, West Northamptonshire Council, West Sussex County Council, Wigan Council, the Royal Borough of Windsor and Maidenhead Council, Wirral Council, and Wokingham Borough Council have each applied to the Secretary of State for an order to be made in exercise of the powers in paragraph 10(1) of Schedule 8 to the Act in respect of part or parts of their respective areas.
The Secretary of State has consulted the chief officers of the Dorset Police, West Midlands Police, Avon and Somerset Police, Cambridgeshire Constabulary, Bedfordshire Police, Cheshire Constabulary, West Yorkshire Police, Gloucestershire Constabulary, West Mercia Police, Hertfordshire Constabulary, Lancashire Constabulary, Leicestershire Police, Merseyside Police, Greater Manchester Police, Kent Police, Northumbria Police, Northamptonshire Police, Nottinghamshire Police, South Yorkshire Police, Hampshire Constabulary, Staffordshire Police, Essex Police, Thames Valley Police, and Sussex Police in accordance with the requirements of paragraph 10(4) of Schedule 8 to the Act.
1.—(1) This Order may be cited as the Civil Enforcement of Moving Traffic Contraventions Designation Order 2023 and comes into force on 22nd July 2023.
(2) This Order extends to England and Wales, but applies only in England.
2. In this Order “relevant date” means the date on which this Order is made.
3. The Secretary of State designates each of the following areas as a civil enforcement area for moving traffic contraventions—
(a)the parts of the area of Bournemouth, Christchurch and Poole Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Bournemouth) Order 2001(2), the Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Poole) Order 2002(3), and the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Dorset) (Borough of Christchurch) Order 2003(4) as each had effect immediately before the relevant date;
(b)the part of the area of Birmingham City Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Birmingham) Order 2001(5) as it had effect immediately before the relevant date;
(c)the part of the area of Bristol City Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Bristol) Order 2000(6) as it had effect immediately before the relevant date;
(d)the part of the area of Cambridgeshire County Council designated as a civil enforcement area for parking contraventions and as a special enforcement area by article 3 (designation of civil enforcement areas and special enforcement areas under the Act) of, and Schedule 1 to, the Civil Enforcement of Parking Contraventions Designation Order 2014(7) as it had effect immediately before the relevant date;
(e)the part of the area of Central Bedfordshire Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Bedfordshire) (Districts of Mid-Bedfordshire and South Bedfordshire) Order 2004(8) as it had effect immediately before the relevant date;
(f)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 by article 5 (designation of civil enforcement areas and special enforcement areas under the Act) of, and Schedule 2 to, the Civil Enforcement of Parking Contraventions Designation Order 2013(9) as it had effect immediately before the relevant date;
(g)the part of the area of the City of Bradford Metropolitan District Council designated as a civil enforcement area for parking contraventions and as a special enforcement area by the Civil Enforcement of Parking Contraventions (City of Bradford) Designation Order 2009(10) as it had effect immediately before the relevant date;
(h)the part of the area of Coventry City Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Coventry) Order 2005(11) as it had effect immediately before the relevant date;
(i)the parts of the area of Gloucestershire County Council—
(i)designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Gloucestershire) (Cheltenham, Cotswold, Gloucester, Stroud and Tewkesbury) Order 2007(12) as it had effect immediately before the relevant date; and
(ii)designated as a civil enforcement area for parking contraventions and as a special enforcement area by the Civil Enforcement of Parking Contraventions (County of Gloucestershire) (Forest of Dean District) Designation Order 2008(13) as it had effect immediately before the relevant date;
(j)the part of the area of the District of Herefordshire County Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (District of Herefordshire) Order 2001(14) as it had effect immediately before the relevant date;
(k)the parts of the area of Hertfordshire County Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (Borough of Watford) Order 1997(15), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (District of Three Rivers) Order 2001(16), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (Borough of Dacorum) Order 2003(17), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (City and District of St Albans) Order 2004(18), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (District of North Hertfordshire) Order 2004(19), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (District of East Hertfordshire) Order 2004(20), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (Borough of Broxbourne) Order 2005(21), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (Borough of Stevenage) Order 2005(22), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (District of Welwyn Hatfield) Order 2005(23), and the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (Borough of Hertsmere) Order 2005(24) as each had effect immediately before the relevant date;
(l)the part of the area of Lancashire County Council designated as a civil enforcement area for parking contraventions and as a special enforcement area by article 3(1) and 3(2)(c) (designation of civil enforcement areas and special enforcement areas under the Act) of, and Schedule 2 to, the Civil Enforcement of Parking Contraventions Designation Order 2010(25) as it had effect immediately before the relevant date;
(m)the part of the area of Leeds City Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan District of Leeds) Order 2005(26) as it had effect immediately before the relevant date;
(n)the part of the area of Leicester City Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Leicester) Order 2006(27) as it had effect immediately before the relevant date;
(o)the part of the area of Liverpool City Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Liverpool) Order 2002(28) as it had effect immediately before the relevant date;
(p)the part of the area of Manchester City Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Manchester) Order 1999(29) as it had effect immediately before the relevant date;
(q)the part of the area of Medway Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Medway) Order 1999(30) as it had effect immediately before the relevant date;
(r)the part of the area of the Council of the City of Newcastle upon Tyne designated as a civil enforcement area for parking contraventions and as a special enforcement area by the Civil Enforcement of Parking Contraventions (City of Newcastle upon Tyne) Designation Order 2009(31) as it had effect immediately before the relevant date;
(s)the parts of the area of North Northamptonshire Council—
(i)designated as a permitted parking area and as a special parking area by articles 3(c), 3(e) (application), and 4 (designation of permitted parking area and special parking area) of the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Northamptonshire) (Corby, Wellingborough, East Northamptonshire and South Northamptonshire) Order 2007(32) as it had effect immediately before the relevant date; and
(ii)designated as a civil enforcement area for parking contraventions by article 3 (designation of civil enforcement area for Northamptonshire) of, and Schedule 1 to, the Civil Enforcement of Parking Contraventions Designation Order 2020(33) as it had effect immediately before the relevant date;
(t)the part of the area of Nottingham City Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Nottingham) Order 2002(34) as it had effect immediately before the relevant date;
(u)the part of the area of Oldham Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Oldham) Order 2001(35) as it had effect immediately before the relevant date;
(v)the part of the area of Peterborough City Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Peterborough) Order 2003(36) as it had effect immediately before the relevant date;
(w)the part of the area of Rochdale Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Rochdale) Order 2004(37) as it had effect immediately before the relevant date;
(x)the part of the area of Rotherham Metropolitan Borough Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Rotherham) Order 2005(38) as it had effect immediately before the relevant date;
(y)the part of the area of Salford City Council designated as a civil enforcement area for parking contraventions and as a special enforcement area by article 3(1) and 3(2)(c) (designation of civil enforcement areas and special enforcement areas under the Act) of, and Schedule 4 to, the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) and Civil Enforcement of Parking Contraventions Designation (No. 2) Order 2012(39) as it had effect immediately before the relevant date;
(z)the part of the area of Sheffield City Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Sheffield) Order 2005(40) as it had effect immediately before the relevant date;
(aa)the part of the area of Shropshire Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Shropshire) Order 2006(41) as it had effect immediately before the relevant date;
(bb)the part of the area of South Gloucestershire Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (South Gloucestershire) Order 2007(42) as it had effect immediately before the relevant date;
(cc)the part of the area of Southampton City Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area And Special Parking Area) (City Of Southampton) Order 2002(43) as it had effect immediately before the relevant date;
(dd)the part of the area of the City of Stoke-on-Trent Council designated as a civil enforcement area for parking contraventions and as a special enforcement area by article 3(1) and 3(2)(c) (designation of civil enforcement and special enforcement area) of, and Schedule 1 to, the Civil Enforcement of Parking Contraventions Designation (No. 2) Order 2020(44) as it had effect immediately before the relevant date;
(ee)the part of the area of Thurrock Borough Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Thurrock) Order 2005(45) as it had effect immediately before the relevant date;
(ff)the part of the area of Trafford Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Trafford) Order 2000(46) as it had effect immediately before the relevant date;
(gg)the part of the area of Walsall Metropolitan Borough Council designated as a civil enforcement area for parking contraventions and as a special enforcement area by the Civil Enforcement of Parking Contraventions (Walsall) Designation Order 2009(47) as it had effect immediately before the relevant date;
(hh)the part of the area of West Berkshire District Council designated as a civil enforcement area for parking contraventions and as a special enforcement area by the Civil Enforcement of Parking Contraventions (West Berkshire) Designation Order 2009(48) as it had effect immediately before the relevant date;
(ii)the parts of the area of West Northamptonshire Council—
(i)designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Northamptonshire) (Borough of Northampton) Order 2001(49) and articles 3(a), 3(b), 3(d) (application), and 4 (designation of permitted parking and special area parking) of the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Northamptonshire) (Corby, Wellingborough, East Northamptonshire and South Northamptonshire) Order 2007 as each had effect immediately before the relevant date; and
(ii)designated as a civil enforcement area for parking contraventions and as a special enforcement area by article 3(1) and 3(2)(a) (designation of civil enforcement areas and special enforcement areas under the Act) of, and Schedule 1 to, the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) and Civil Enforcement of Parking Contraventions Designation Order 2013(50) as it had effect immediately before the relevant date;
(jj)the parts of the area of West Sussex County Council—
(i)designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (County of West Sussex) (District of Horsham) Order 2005(51), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of West Sussex) (District of Mid Sussex) Order 2005(52), and the Road Traffic (Permitted Parking Area and Special Parking Area)(County of West Sussex)(Borough of Worthing) Order 2007(53) as each had effect immediately before the relevant date; and
(ii)designated as a civil enforcement area for parking contraventions and as a special enforcement area by the Civil Enforcement of Parking Contraventions (County of West Sussex) (Adur District) Designation Order 2009(54), the Civil Enforcement of Parking Contraventions Designation (No.2) (West Sussex) (Chichester and Crawley) Order 2010(55), and article 2(1) and 2(2)(b) of, and Schedule 2 to, the Civil Enforcement of Parking Contraventions Designation (No. 3) Order 2010(56) as each had effect immediately before the relevant date;
(kk)the part of the area of Wigan Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Wigan) Order 2004(57) as it had effect immediately before the relevant date;
(ll)the part of the area of the Royal Borough of Windsor and Maidenhead Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (Royal Borough of Windsor and Maidenhead) Order 2007(58) as it had effect immediately before the relevant date;
(mm)the part of the area of Wirral Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Wirral) Order 2003(59) as it had effect immediately before the relevant date; and
(nn)the part of the area of Wokingham Borough Council designated as a permitted parking area and as a special parking area by the Civil Enforcement of Parking Contraventions (Wokingham Borough Council) Designation Order 2017(60) as it had effect immediately before the relevant date.
Signed by authority of the Secretary of State for Transport
Richard Holden
Parliamentary Under Secretary of State
Department for Transport
21st June 2023
(This note is not part of the Order)
This Order designates part or parts of the following local authority areas as moving traffic contravention civil enforcement areas for the purposes of Part 6 of the Traffic Management Act 2004: Bournemouth, Christchurch and Poole Council, Birmingham City Council, Bristol City Council, Cambridgeshire County Council, Central Bedfordshire Council, Cheshire West and Chester Borough Council, the City of Bradford Metropolitan District Council, Coventry City Council, Gloucestershire County Council, the District of Herefordshire County Council, Hertfordshire County Council, Lancashire County Council, Leeds City Council, Leicester City Council, Liverpool City Council, Manchester City Council, Medway Council, the Council of the City of Newcastle upon Tyne, North Northamptonshire Council, Nottingham City Council, Oldham Council, Peterborough City Council, Rochdale Council, Rotherham Metropolitan Borough Council, Salford City Council, Sheffield City Council, Shropshire Council, South Gloucestershire Council, Southampton City Council, the City of Stoke-on-Trent Council, Thurrock Borough Council, Trafford Council, Walsall Metropolitan Borough Council, West Berkshire District Council, West Northamptonshire Council, West Sussex County Council, Wigan Council, the Royal Borough of Windsor and Maidenhead Council, Wirral Council, and Wokingham Borough Council. Each of the areas designated is the same as, or falls within, the area already designated by the local authority for the enforcement of parking contraventions.
The practical effect of the Order is to enable the local authorities mentioned to enforce moving traffic contraventions within part or parts of their areas through a civil law regime.
A full Impact Assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary, or public sector is foreseen. An Explanatory Memorandum has been prepared for this Order and is available alongside this Order on the UK Legislation website www.legislation.gov.uk.
2004 c. 18. The Secretary of State is the “appropriate national authority” as regards England for the purposes of Part 6 of, and Schedule 8 to, the Traffic Management Act 2004, by virtue of section 92(1) of that Act.
S.I. 2004/13, amended by S.I. 2004/538.
S.I. 1999/131, amended by S.I. 2007/1736.
S.I. 2009/596, amended by S.I. 2013/2594.