1

House of Commons

Friday 23 November 2018

Consideration of Bill (Report Stage)

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Parking (Code of Practice) Bill

Note

This document includes all amendments tabled to date and includes any

withdrawn amendments at the end. The amendments have been arranged in the

order in which they relate to the Bill.

Sir Greg Knight

NC1

To move the following Clause—

“Appeals against parking charges

(1)    

This section applies if the parking code contains guidance recommending that all

parking appeals are dealt with by a single person who is independent of persons

providing private parking facilities.

(2)    

The Secretary of State may, for the purpose of enabling or facilitating persons to

act in accordance with that guidance, enter into an agreement with any person

who appears to the Secretary of State to be so independent for that person to deal

with parking appeals.

(3)    

An agreement under this section may provide—

(a)    

for payments to be made by the Secretary of State in respect of dealing

with parking appeals;

(b)    

for the person to have power to charge fees, payable by persons providing

private parking facilities, for dealing with parking appeals;

(c)    

for the maximum amount of any fee chargeable by virtue of paragraph

(b).

(4)    

A person authorised by an agreement under this section to deal with parking

appeals may not authorise any other person to perform that function.

Consideration of Bill (Report Stage): 23 November 2018      

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Parking (Code of Practice) Bill, continued

(5)    

In this section “parking appeals” means appeals against parking charges imposed

by, or on behalf of, persons providing private parking facilities.”

Member’s explanatory statement

The new clause provides that, if the parking code recommends that all appeals against parking

charges are dealt with by a single independent person, the Secretary of State may enter into an

agreement with such a person for that person to deal with appeals against parking charges.

Sir Christopher Chope

7

Clause  1,  page  1,  line  3,  after “State” insert “within twelve months of the day on

which this Act is passed.”

Sir Christopher Chope

8

Clause  1,  page  1,  line  3,  after “must” insert “use his best endeavour to.”

Sir Greg Knight

1

Clause  6,  page  3,  line  14,  leave out from “may” to “functions” in line 20 and insert

“—

(a)    

enter into an agreement with a public authority authorising the authority

to perform any functions of the Secretary of State under sections 1 to 4

(other than the function of laying a code or alteration before Parliament);

(b)    

enter into an agreement with a person authorising that person to perform

any”

Member’s explanatory statement

This amendment enables the Secretary of State to delegate functions relating to the investigation

of breaches of the parking code to bodies that are not public authorities.

Sir Greg Knight

2

Clause  6,  page  3,  line  28,  leave out “public authority which is” and insert “person”

Member’s explanatory statement

This amendment is consequential on Amendment 1.

Sir Greg Knight

3

Clause  6,  page  3,  line  34,  leave out “the final version of”

Member’s explanatory statement

See the explanatory statement for Amendment 5.

Sir Greg Knight

4

Clause  6,  page  3,  line  35,  at end insert “for approval”

Member’s explanatory statement

See the explanatory statement for Amendment 5.

Consideration of Bill (Report Stage): 23 November 2018      

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Parking (Code of Practice) Bill, continued

Sir Greg Knight

5

Clause  6,  page  3,  line  36,  leave out “The” and insert “Once the Secretary of State

has approved the code or alteration, the”

Member’s explanatory statement

Amendments 3 to 5 make clear that, where the Secretary of State has delegated the function of

preparing the parking code, the Secretary of State must approve the final version of the parking

code (or any alteration to it) before it is laid before Parliament.

Sir Greg Knight

6

Clause  7,  page  4,  line  3,  at end insert—

“( )    

where the Secretary of State has entered into an agreement with a person

under section (Appeals against parking charges) (appeals against

parking charges), the establishment and maintenance by the person of a

service for dealing with parking appeals (within the meaning of that

section).”

Member’s explanatory statement

The effect of this amendment is that, where the Secretary of State enters into an agreement with a

person for the person to deal with appeals against parking charges (see NC1), the costs of

establishing and maintaining that parking appeals service may be defrayed out of the proceeds of

the levy imposed on accredited parking associations.

Sir Christopher Chope

9

Clause  11,  page  6,  line  29,  leave out from “force” to the end of line 30 and insert

“two months after the day on which this Act is passed.”

Sir Christopher Chope

10

Clause  11,  page  6,  line  31,  leave out subsection (3).