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The Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) and Civil Enforcement of Parking Contraventions Designation Order 2012

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Statutory Instruments

2012 No. 846

Local Government, England

Road Traffic, England

The Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) and Civil Enforcement of Parking Contraventions Designation Order 2012

Made

21st March 2012

Laid before Parliament

23rd March 2012

Coming into force

Articles 1 to 3, and 5

16th April 2012

Article 4

11th June 2012

This Order is made in exercise of powers conferred by—

(a)section 89(3) of the Traffic Management Act 2004(1) (“the 2004 Act”);

(b)paragraph 8(1) of Schedule 8 to the 2004 Act;

(c)paragraph 3(1) of Schedule 10 to the 2004 Act; and

(d)section 144(3)(b) of the Transport Act 2000(2).

The Derby City Council(3) has applied to the Secretary of State for an order to be made, in exercise of the powers mentioned at paragraphs (b) and (c) above, in respect of part of that council’s area.

The Hampshire County Council has applied to the Secretary of State for an order to be made, in exercise of the powers mentioned at paragraphs (b) and (c) above, in respect of part of that council’s area.

The Northumberland County Council(4) has applied to the Secretary of State for an order to be made, in exercise of the powers at paragraphs (b) and (c) above, in respect of part of that council’s area.

The Solihull Metropolitan Borough Council(5) has applied to the Secretary of State for an order to be made, in exercise of the powers mentioned at paragraphs (b) and (c) above, in respect of part of that council’s area.

The Somerset County Council has applied to the Secretary of State for an order to be made, in exercise of the powers mentioned at paragraphs (b) and (c) above, in respect of part of that council’s area.

In accordance with the requirements of paragraph 8(3) of Schedule 8, and paragraph 3(4) of Schedule 10, to the 2004 Act, the Secretary of State has consulted the chief officers of police of Derbyshire Constabulary, Hampshire Constabulary, Northumbria Police, West Midlands Police and Avon and Somerset Police.

Accordingly, the Secretary of State(6) makes this Order.

(2)

2000 c.38; section 144(3) was modified by S.I. 2007/2053 (as inserted by S.I. 2008/757), for a transitional period beginning with 31st March 2008. (See also the correction slip dated June 2009 (ISBN 978-0-11-081271-7) which made a minor correction to S.I. 2008/757). The powers conferred by section 144 are conferred on “the relevant national authority”. By virtue of section 144(14), the Secretary of State is the “relevant national authority”, as respects England.

(3)

The City of Derby is a county created by the Derbyshire (City of Derby) (Structural Change) Order 1995 (S.I. 1995/1773).

(4)

The Northumberland County Council was constituted as the sole tier of local government in the county of Northumberland by the Northumberland (Structural Change) Order 2008 (S.I. 2008/494).

(5)

The Solihull Metropolitan Borough Council is a district council for an area which has no county council. In such circumstances, reference to “a county council” in any enactment is construed as including a reference to a district 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). The Solihull Metropolitan Borough Council is accordingly entitled to apply to the Secretary of State for designation of all or part of its area by virtue of paragraph 8(2)(a) of Schedule 8, and paragraph 3(3)(a) of Schedule 10, to the Traffic Management Act 2004.

(6)

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.

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