OpenLegislation

Paragraph 9 I1I2C1

England and Wales

(1)

The appropriate national authority may make an order designating the whole or part of a local authority's area as a civil enforcement area for bus lane 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 order in force immediately before the commencement of this Part of this Act approving a local authority for the purposes of section 144 of the Transport Act 2000 (c. 38) (civil penalties for bus lane contraventions) has effect on and after the commencement of this Part of this Act as an order under this paragraph designating as a civil enforcement area for bus lane contraventions so much of that authority's area as is a civil enforcement area for parking contraventions.

F1(3A)

A notice given (and not withdrawn) before the commencement of this Part of this Act approving a local authority in England for the purposes of section 144 of the Transport Act 2000 (civil penalties for bus lane contraventions) has effect on and after the commencement of this Part of this Act (in relation to England) as an order under this paragraph designating as a civil enforcement area for bus lane contraventions so much of that authority's area as is a civil enforcement area for parking contraventions.

(4)

References in this Part of this Act to the enforcement authority in relation to bus lane contraventions outside Greater LondonF2—

(a)

are references to the local authority in whose area the contravention is committed;

(b)

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

F3(5)

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

(a)

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

(b)

the CCA or combined authority has the written consent of the local authority to act as an enforcement authority in relation to bus lane contraventions in the local authority’s area.

(6)

In this paragraph—

  • “CCA” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

  • “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

  • “constituent council” means—

    1. (a)

      in relation to a combined authority—

      1. (i)

        a county council the whole or any part of whose area is within the area of the authority, or

      2. (ii)

        a district council whose area is within the area of the authority;

    2. (b)

      in relation to a CCA—

      1. (i)

        a county council for an area within the area of the CCA, or

      2. (ii)

        a unitary district council for an area within the area of the CCA;

      and here “unitary district council” means the council for a district for which there is no county council.

Annotations

Textual amendments

F1

Sch. 8 para. 9(3A) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(p), Sch. 11 para. 19

F2

Sch. 8 para. 9(4)(a)(b) substituted for words (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 10 para. 1(2) (with s. 102)

F3

Sch. 8 para. 9(5)(6) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 10 para. 1(3) (with s. 102)

Modifications

C1

Sch. 8 para. 9: 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

Commencement

I1

Sch. 8 para. 9 in force at 31.3.2008 for W. by S.I. 2007/3174, art. 2, Sch.

I2

Sch. 8 para. 9 in force at 31.5.2022 for E. by S.I. 2022/66, arts. 1(2), 2(2)(c) (with art. 3(1)-(3))