S.I. 2008/1518: memorandum from the Department for Transport

Civil Enforcement of Parking Contraventions (The Borough Council of Dudley) Designation Order 2008 (S.I. 2008/1518)

By a letter dated 2nd July 2008 the Committee has asked for a memorandum on the following point:

Why does this instrument designate "The Borough Council of Dudley" (as opposed to the whole or a specified part of its area) as civil enforcement area and a special enforcement area?

The Department has considered this question and concluded that the instrument was defectively drafted in this respect. The policy intention had been to designate the whole of the area of the metropolitan district of the Borough Council of Dudley. The Department apologises for this error.

The Department has rectified this by revoking the instrument and replacing it with another instrument entitled "The Civil Enforcement of Parking Contraventions (Dudley) Designation Order 2008" (S.I. 2008/1764) in order to remove any scope for doubt as to the validity of the instrument arising out of that error. The replacement Order was made and laid on 4^th July. It has the same coming into force date as the revoked instrument (7^th July 2008) as The Borough Council of Dudley are proposing to commence civil enforcement of parking offences from that date. As explained in the explanatory memorandum for the new Order, it was thus regrettably necessary to breach the 21 day rule.

Department for Transport

7 July 2008