English Devolution and Community Empowerment Act 2026
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Schedule 32 Prohibition of parking on footways and verges
Section 68 Prohibition of parking 1 (1) The Secretary of State may make regulations for the purpose of giving each English local transport authority the power to impose a prohibition on the parking of motor vehicles on the footways and verges which form part of the relevant highways in the authority’s area. (2) But parking regulations may not give an English local transport authority the power to impose a prohibition on parking in any place that is not in a civil enforcement area for parking contraventions under Part 2 of Schedule 8 to the Traffic Management Act 2004. (3) Parking regulations may make provision about the meaning of “parking” (and cognate expressions) for the purposes of parking prohibitions. (4) Parking regulations may amend an Act passed before, or in the same session as, this Act. (5) Parking regulations are subject to affirmative procedure. (6) Paragraphs 2 to 9 deal with particular kinds of provision that may be made by parking regulations. Imposition of, and publicity for, a parking prohibition 2 Parking regulations may make provision about— (a) the process by which, and manner in which, the power to prohibit parking is exercisable; (b) the manner in which the imposition of a parking prohibition may or must be publicised. Exclusions: roads etc 3 (1) Parking regulations may exclude particular descriptions of relevant highways or parts of relevant highways from parking prohibitions (including parts of relevant highways designated by, or by virtue of, an Act or secondary legislation as a place where parking is permitted). (2) Parking regulations may give an English local transport authority the power to exclude— (a) particular relevant highways or parts of relevant highways, or (b) particular parts of the authority’s area, from a parking prohibition. (3) Parking regulations made in accordance with this paragraph may provide for an exclusion to apply only if particular conditions are met. Exclusions: vehicles and usage 4 (1) Parking regulations may exclude any of the following from parking prohibitions— (a) particular descriptions of motor vehicles; (b) motor vehicles which are used or parked for particular purposes or in particular circumstances. (2) Parking regulations made in accordance with this paragraph may provide for an exclusion to apply only if particular conditions are met. Traffic signs 5 (1) Parking regulations may make provision about traffic signs relating to parking prohibitions (“relevant traffic signs”). (2) Parking regulations made under sub-paragraph (1) may— (a) require traffic authorities to carry out functions in relation to relevant traffic signs (including provision giving English local transport authorities the power to give directions to traffic authorities to carry out such functions); (b) may require co-operation among, or between, one or more of the following in respect of functions relating to relevant traffic signs— (i) English local transport authorities; (ii) traffic authorities; (iii) local authorities. (3) This paragraph does not limit any power or duty relating to traffic signs arising under any other Act or secondary legislation; but that does not limit the provision that may be made under this paragraph. (4) In this paragraph— “local authority” means— a county council in England, a unitary district council, or a metropolitan district council; “traffic sign” has the same meaning as in the Road Traffic Regulation Act 1984 (see section 64 of that Act). Defences 6 Parking regulations may provide for defences to contraventions of a parking prohibition. Consultation and guidance 7 (1) Parking regulations may require English local transport authorities to carry out consultation in connection with the exercise of functions under parking regulations. (2) Parking regulations— (a) may give the Secretary of State power to issue guidance; (b) may require a person to whom the guidance is directed to have regard to it. Enforcement 8 (1) Schedule 7 to the Traffic Management Act 2004 (road traffic contraventions subject to civil enforcement) is amended in accordance with this paragraph. (2) In paragraph 4 (contraventions outside Greater London involving stationary vehicles), after sub-paragraph (2) insert— (3) Outside Greater London there is a parking contravention in relation to a vehicle if it is parked in contravention of a prohibition imposed by an English local transport authority in accordance with regulations made under Schedule (Prohibition of parking on footways and verges) to the English Devolution and Community Empowerment Act 2026 (parking on footways and verges). Repeal of existing legislation 9 Parking regulations may repeal an Act if, or to the extent that, it prohibits the parking of motor vehicles on footways and verges, or any similar part of a road, whether or not a relevant highway as defined in paragraph 11, in England, or any part of England, outside Greater London. Crown application 10 This Schedule applies to the parking of— (a) motor vehicles in the public service of the Crown that are required to be registered under the Vehicle Excise and Registration Act 1994, and (b) motor vehicles belonging to, or used for the purposes of, a Minister of the Crown or Government department. Interpretation 11 In this Schedule— “carriageway” has the same meaning as in the Highways Act 1980 (see section 329(1) of that Act); “cycle track” has the same meaning as in the Highways Act 1980 (see section 329(1) of that Act); “English local transport authority” means— a local transport authority (which has the same meaning as in Part 2 of the Transport Act 2000 — see section 108(4) of that Act) in England, and the Council of the Isles of Scilly; “footway” has the same meaning as in the Highways Act 1980 (see section 329(1) of that Act); “highway maintainable at the public expense” has the same meaning as in the Highways Act 1980 (see section 328 of that Act); “motor vehicle” has the same meaning as in the Road Traffic Regulation Act 1984 (see sections 136 to 140 of that Act); “parking” includes stopping (and “parked” is to be construed accordingly); “parking prohibition” means a prohibition on the parking of motor vehicles imposed by an English local transport authority through the exercise of a power conferred by parking regulations; “parking regulations” means regulations made under paragraph 1(1); “relevant highway” means any length of highway maintainable at the public expense, but does not include any special road; “special road” has the same meaning as in the Highways Act 1980 (see section 329(1) of that Act); “unitary district council” means the council for a non-metropolitan district for which there is no county council; “verge” means any part of a relevant highway which is not a carriageway, footway or cycle track.
Schedule 32 Prohibition of parking on footways and verges
Section 68 Prohibition of parking 1 (1) The Secretary of State may make regulations for the purpose of giving each English local transport authority the power to impose a prohibition on the parking of motor vehicles on the footways and verges which form part of the relevant highways in the authority’s area. (2) But parking regulations may not give an English local transport authority the power to impose a prohibition on parking in any place that is not in a civil enforcement area for parking contraventions under Part 2 of Schedule 8 to the Traffic Management Act 2004. (3) Parking regulations may make provision about the meaning of “parking” (and cognate expressions) for the purposes of parking prohibitions. (4) Parking regulations may amend an Act passed before, or in the same session as, this Act. (5) Parking regulations are subject to affirmative procedure. (6) Paragraphs 2 to 9 deal with particular kinds of provision that may be made by parking regulations. Imposition of, and publicity for, a parking prohibition 2 Parking regulations may make provision about— (a) the process by which, and manner in which, the power to prohibit parking is exercisable; (b) the manner in which the imposition of a parking prohibition may or must be publicised. Exclusions: roads etc 3 (1) Parking regulations may exclude particular descriptions of relevant highways or parts of relevant highways from parking prohibitions (including parts of relevant highways designated by, or by virtue of, an Act or secondary legislation as a place where parking is permitted). (2) Parking regulations may give an English local transport authority the power to exclude— (a) particular relevant highways or parts of relevant highways, or (b) particular parts of the authority’s area, from a parking prohibition. (3) Parking regulations made in accordance with this paragraph may provide for an exclusion to apply only if particular conditions are met. Exclusions: vehicles and usage 4 (1) Parking regulations may exclude any of the following from parking prohibitions— (a) particular descriptions of motor vehicles; (b) motor vehicles which are used or parked for particular purposes or in particular circumstances. (2) Parking regulations made in accordance with this paragraph may provide for an exclusion to apply only if particular conditions are met. Traffic signs 5 (1) Parking regulations may make provision about traffic signs relating to parking prohibitions (“relevant traffic signs”). (2) Parking regulations made under sub-paragraph (1) may— (a) require traffic authorities to carry out functions in relation to relevant traffic signs (including provision giving English local transport authorities the power to give directions to traffic authorities to carry out such functions); (b) may require co-operation among, or between, one or more of the following in respect of functions relating to relevant traffic signs— (i) English local transport authorities; (ii) traffic authorities; (iii) local authorities. (3) This paragraph does not limit any power or duty relating to traffic signs arising under any other Act or secondary legislation; but that does not limit the provision that may be made under this paragraph. (4) In this paragraph— “local authority” means— a county council in England, a unitary district council, or a metropolitan district council; “traffic sign” has the same meaning as in the Road Traffic Regulation Act 1984 (see section 64 of that Act). Defences 6 Parking regulations may provide for defences to contraventions of a parking prohibition. Consultation and guidance 7 (1) Parking regulations may require English local transport authorities to carry out consultation in connection with the exercise of functions under parking regulations. (2) Parking regulations— (a) may give the Secretary of State power to issue guidance; (b) may require a person to whom the guidance is directed to have regard to it. Enforcement 8 (1) Schedule 7 to the Traffic Management Act 2004 (road traffic contraventions subject to civil enforcement) is amended in accordance with this paragraph. (2) In paragraph 4 (contraventions outside Greater London involving stationary vehicles), after sub-paragraph (2) insert— (3) Outside Greater London there is a parking contravention in relation to a vehicle if it is parked in contravention of a prohibition imposed by an English local transport authority in accordance with regulations made under Schedule (Prohibition of parking on footways and verges) to the English Devolution and Community Empowerment Act 2026 (parking on footways and verges). Repeal of existing legislation 9 Parking regulations may repeal an Act if, or to the extent that, it prohibits the parking of motor vehicles on footways and verges, or any similar part of a road, whether or not a relevant highway as defined in paragraph 11, in England, or any part of England, outside Greater London. Crown application 10 This Schedule applies to the parking of— (a) motor vehicles in the public service of the Crown that are required to be registered under the Vehicle Excise and Registration Act 1994, and (b) motor vehicles belonging to, or used for the purposes of, a Minister of the Crown or Government department. Interpretation 11 In this Schedule— “carriageway” has the same meaning as in the Highways Act 1980 (see section 329(1) of that Act); “cycle track” has the same meaning as in the Highways Act 1980 (see section 329(1) of that Act); “English local transport authority” means— a local transport authority (which has the same meaning as in Part 2 of the Transport Act 2000 — see section 108(4) of that Act) in England, and the Council of the Isles of Scilly; “footway” has the same meaning as in the Highways Act 1980 (see section 329(1) of that Act); “highway maintainable at the public expense” has the same meaning as in the Highways Act 1980 (see section 328 of that Act); “motor vehicle” has the same meaning as in the Road Traffic Regulation Act 1984 (see sections 136 to 140 of that Act); “parking” includes stopping (and “parked” is to be construed accordingly); “parking prohibition” means a prohibition on the parking of motor vehicles imposed by an English local transport authority through the exercise of a power conferred by parking regulations; “parking regulations” means regulations made under paragraph 1(1); “relevant highway” means any length of highway maintainable at the public expense, but does not include any special road; “special road” has the same meaning as in the Highways Act 1980 (see section 329(1) of that Act); “unitary district council” means the council for a non-metropolitan district for which there is no county council; “verge” means any part of a relevant highway which is not a carriageway, footway or cycle track.
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