Introductory text

Road Traffic, England

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^f1 and by paragraph 8(1) of Schedule 8, and paragraph 3(1) of Schedule 10, to that Act.

The Cheshire East Borough Council^f2 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^f3 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^f4 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^f5 makes this order.

Annotations

Footnotes

f1: 2004 c.18.
f2: 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).
f3: 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”.
f4: 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).
f5: 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.