Newport / Wrexham — disabled bay TRO consolidation defects post-LGB(W) Act 2021
Following the Local Government and Elections (Wales) Act 2021, several Welsh councils consolidated or re-made historic on-street disabled bay TROs. Many of these consolidation Orders were issued without bilingual press notices, without the underlying register of badge-holder addresses being protected for data, or without re-signing the bay. Where a bay relies on a TRO that was 'consolidated' but never actually re-signed or properly advertised, enforcement is vulnerable.
Legal basis
Local Government and Elections (Wales) Act 2021 s.39; SI 1996/2489 reg 6; Welsh Language Act 1993 s.6; Equality Act 2010 s.149
How to identify this in your case
Request the consolidation TRO and consultation file. Compare advertised geographic schedules to current signage and bay markings.
Sample appeal wording
Dear Sir/Madam, Re: PCN [PCN_NUMBER] The TRO purportedly creating the disabled / restricted bay at [LOCATION] is the [DATE] Consolidation Order. FOI [REF] reveals that the consolidation process did not include bilingual press notices, community council consultation, or re-signing of the bay. These failures contravene SI 1996/2489 reg 6, section 6 of the Welsh Language Act 1993, and section 149 of the Equality Act 2010 (public sector equality duty). The Order is not validly made and the PCN must be cancelled. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- legislation.gov.uk/anaw/2021/1
- legislation.gov.uk/uksi/1996/2489