Traffic Management Act 2004

SCHEDULE 8 Civil enforcement areas and enforcement authorities

Section 74 Part 1 In Greater London Civil enforcement of parking contraventions relating to parking places 1 (1) The whole of Greater London is a civil enforcement area for parking contraventions within paragraph 2 of Schedule 7 (contraventions relating to parking places). (2) References in this Part of this Act to the enforcement authority in relation to such contraventions are to the authority by whom the parking place in question was designated or provided. Civil enforcement of other parking contraventions 2 (1) The Secretary of State may, on an application by a London authority, make an order designating the whole or part of the authority's area as a civil enforcement area for parking contraventions within paragraph 3 of Schedule 7 (contraventions other than those relating to parking places). (2) An application may be made— (a) by Transport for London, to the extent that the civil enforcement area is to consist of GLA roads; (b) by a London local authority, to the extent that the civil enforcement area is to consist of roads other than GLA roads. (3) Before making an order under this paragraph the Secretary of State shall consult the Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London or, if appropriate, both of them. (4) An order in force immediately before the commencement of this Part of this Act designating an area in Greater London as a special parking area under section 76 of the Road Traffic Act 1991 (c. 40) has effect on and after the commencement of this Part of this Act as if it were an order under this paragraph designating that area as a civil enforcement area for such parking contraventions as are mentioned in sub-paragraph (1). (5) References in this Part of this Act to the enforcement authority in relation to such contraventions in Greater London are— (a) as respects parking, or any matter connected with or relating to parking, on or adjacent to a GLA road, to Transport for London; (b) as respects parking, or any matter connected with or relating to parking, on or adjacent to a road other than a GLA road, to the London local authority in whose area the road is situated. Variation of civil enforcement area by Mayor of London 3 (1) The Mayor of London may by order under this paragraph amend an order for the time being in force under paragraph 2 so as to vary the area that for the time being constitutes the civil enforcement area. (2) No such order may be made without the consent of the relevant London authority for every road that the order has the effect of bringing within, or removing from, the civil enforcement area. (3) The relevant London authority is— (a) as regards GLA roads, Transport for London; (b) as regards roads other than GLA roads, the London local authority in whose area the road is situated. (4) An order under this paragraph must not be such as to bring within a civil enforcement area an area as to which the Secretary of State has specified by order that it is expedient on grounds of national security that no part of it should be included in a civil enforcement area. (5) An order in force immediately before the commencement of this Part of this Act under section 76A(1) or (3)(a) of the Road Traffic Act 1991 (c. 40) has effect on and after the commencement of this Part of this Act as if made under the corresponding provision of this paragraph. Part 2 Outside Greater London Designation of civil enforcement areas for parking contraventions 8 (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 parking contraventions. (2) 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 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. (3) Before making an order under this paragraph the appropriate national authority shall consult the appropriate chief officer of police. (4) An order in force immediately before the commencement of this Part of this Act designating an area outside Greater London as a permitted parking area and special parking area under paragraphs 1(1) and 2(1) of Schedule 3 to the Road Traffic Act 1991 (c. 40) has effect on and after the commencement of this Part of this Act as an order under this paragraph designating the area as a civil enforcement area for parking contraventions. (5) References in this Part of this Act to the enforcement authority in relation to parking contraventions in a civil enforcement area outside Greater London, are— (a) in relation to contraventions relating to a parking place— (i) provided or authorised under section 32(1)(a) or (b) of the Road Traffic Regulation Act 1984 (c. 27), or (ii) designated by order under section 45 of that Act, to the authority by whom the parking place was provided, authorised or designated; (b) in relation to other parking contraventions, to the local authority in whose area the contravention is committed. Designation of civil enforcement areas for bus lane contraventions 9 (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. (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 London— (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). (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— in relation to a combined authority— a county council the whole or any part of whose area is within the area of the authority, or a district council whose area is within the area of the authority; in relation to a CCA— a county council for an area within the area of the CCA, or 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. Designation of civil enforcement areas for moving traffic contraventions 10 (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. (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.