Cheshire East Borough Council

Notice Of Making - (Off-Street Parking Places) - (Consolidated) Order 2015 (Variation No.8) Order 2022

Notice is hereby given that on 9 June 2022 Cheshire East Borough Council made an Order under Sections 32 and 35 and Part IV of Schedule 9 to the Road Traffic Regulation Act 1984 ("the Act"), and of all other enabling powers, and after consultation with the Chief Officer of Police in accordance with Part III of Schedule 9 to the Act.
1. The effect of the Order which comes into operation on 16 June 2022 will be to amend the Cheshire East Borough Council (Off-Street Parking Places) (Consolidated) Order 2015 as follows:

(a) In Clause 2 the definition "2007 Regulations" shall be deleted in its entirety

(b) In Clause 2 a new definition shall be inserted after the definition of the "2004 Act" as follows: "2022 Regulations" means The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 and shall include any subsequent amendments, modifications and replacement regulations to the 2022 Regulations.

(c) In Clause 2 the definition "Penalty Charge Notice" shall be deleted in its entirety and replaced by the following definition: "Penalty Charge Notice" means

a notice issued by or served pursuant to the provisions
of the 2004 Act, the 2022 Regulations or any
subsequent legislation.
(d) Clause 46 shall be deleted in its entirety and replaced by the following clause:

"46. In the case of a Vehicle in respect of which a Penalty Charge is payable, it shall be the duty of:
(i) a Civil Enforcement Officer to serve a Penalty Charge Notice in accordance with the 2022 Regulations; or

(ii) the Enforcement Authority to serve a Penalty Charge Notice in accordance with the 2022 Regulations"

2. A copy of the Order; a statement of reasons for making the Order, a copy of this public notice and a copy of the public notice of the proposal to make the order are available to view at:

. uk/car-parks-and-parking/reviews_and_consultations/ public-notices/public_notices.aspx

Or may be viewed by prior appointment at Crewe Library, Crewe Lifestyle Centre, Moss Square, Crewe, Cheshire, CW1 2BB and Macclesfield Library, Jordangate, Macclesfield Cheshire, SK10 1EE
3. Any person who desires to question the validity of the Order or any of its provisions on the grounds that it is not within the powers conferred by the Act, or any requirement of the Act or any instrument made under the Act has not been complied with, that person may, within 6 weeks from the date on which the Order is made, apply for that purpose to the High Court. David Brown, Director of Governance & Compliance Services

Dated: 15 June 2022