OpenLegislation

Paragraph 10 I1C1C2

I2(1)

The appropriate national authority may, on an application under this paragraph, make an order designating the whole or part of a local authority's area as a civil enforcement area for moving traffic contraventions.

(2)

An area may only be so designated if it is within, or is co-extensive with, an area already designated as a civil enforcement area for parking contraventions.

(3)

An application under this paragraph may be made—

(a)

with respect to the whole or part of their area, by a county council in England;

(b)

with respect to the whole or part of their area, by a county council or county borough council in Wales;

(c)

with respect to the whole or part of their area, by a metropolitan district council;

(d)

with respect to the whole of their areas, by two or more metropolitan district councils acting jointly;

(e)

with respect to the whole or part of the Isles of Scilly, by the Council of the Isles of Scilly.

(4)

Before making an order under this paragraph the appropriate national authority shall consult the appropriate chief officer of police.

F1(5)

In relation to a civil enforcement area designated by order under this paragraph on an application that was not a joint application, references in this Part of this Act to the enforcement authority—

(a)

are references to the applicant authority;

(b)

if there is a qualifying CCA or combined authority for the area of the applicant authority, are also references to that authority or CCA (in addition to references the applicant authority).

(6)

In relation to a civil enforcement area designated by order under this paragraph on a joint application, references in this Part of this Act to the enforcement authority—

(a)

are references to each applicant authority;

(b)

as respects the area of any applicant authority for which there is a qualifying CCA or combined authority, are also references to that authority or CCA (in addition to references that applicant authority).

(7)

There is a qualifying CCA or combined authority for the area of an applicant authority if—

(a)

the applicant authority is a constituent council of a CCA or combined authority, and

(b)

the CCA or combined authority has the written consent of the applicant authority to act as an enforcement authority in relation to moving traffic contraventions in the applicant authority’s area.

(8)

In this paragraph—

  • “applicant authority ” means the authority, or in the case of a joint application an authority, on whose application an order under this paragraph was made;

  • “CCA”, “combined authority” and “constituent council” have the same meanings as in paragraph 9.

Annotations

Textual amendments

F1

Sch. 8 para. 10(5)-(8) substituted for Sch. 8 para. 10(5) (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 10 para. 2(2) (with s. 102)

Modifications

C1

Sch. 8 para. 10: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 15

C2

Sch. 8 para. 10: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 17

Commencement

I1

Sch. 8 para. 10 in force at 31.5.2022 for E. by S.I. 2022/66, arts. 1(2), 2(2)(c) (with art. 3(1)-(3))

I2

Sch. 8 para. 10(1)(2)(3)(b)(4)(5) in force at 31.3.2008 for W. by S.I. 2007/3174, art. 2, Sch.