Clause
124
Commencement
Ms
Winterton:
I beg to move amendment No. 3, in
clause 124, page 94, line 29, after
regulations, insert ,
rules.
The
amendment is minor and technical. The Bill includes powers for the
Secretary of State and, in some cases, the Welsh Ministers, to make
three types of secondary legislation: regulations, orders and rules. As
drafted, clause 124 provides for powers to make regulations and orders
to come into force automatically on Royal Assent, but powers to make
rules would need to be brought into force by commencement order. The
discrepancy was not intentional, and the amendment would provide for a
consistent approach. It means that the Bill and future commencement
orders will be a little clearer and
tidier.
Amendment
agreed
to.
4.30
pm
Ms
Winterton:
I beg to move amendment No. 291, in
clause 124, page 94, line 31, leave
out and 116 and insert
, 116 and (Civil enforcement
of traffic contraventions: meaning of local
authority).
The
Chairman:
With this it will be convenient to discuss the
following: Government new clause 13 Civil enforcement of
traffic contraventions: meaning of local
authority.
Government
amendment No.
292.
Ms
Winterton:
The Governments policy is to encourage
local authorities to take over from the police service the enforcement
of parking restrictions. When a local authority does that, police
resources are released for more serious matters. It means that a single
body, the local authority, is responsible not only for developing
parking policies, but for enforcing them. The parking components of
part 6 of the Traffic Management Act 2004 came into force on 31 March
2008.
It has come to
light that the definition of local authority in the
Traffic Management Act, read with other provisions of that Act, means
that shire district councils may not be able to make full use of the
new enforcement powers in their off-street car parks and in relation to
any free, on-street parking that they authorise. That anomaly has no
impact on enforcement by London boroughs, unitary authorities or
metropolitan district councils, nor does it affect the enforcement of
yellow bands or pay and display restrictions.
The Department considers that
parking attendants appointed before 31 March, under the provisions of
the Road Traffic Regulation Act 1984, are unaffected by the anomaly, so
district councils that received parking enforcement powers before 31
March 2008 will have civil enforcement officers they can use for
enforcement in off-street car parks and any free on-street
parking.
It is
important that local authorities have proper parking enforcement
powers. New clause 13 seeks to make it clear in the legislation that a
shire district council has the power to appoint the civil enforcement
officer who would serve the penalty charge notice to a motorist who is
parked in contravention of the parking regulations in a local authority
owned off-street car park.
Amendment No. 291 seeks to bring
those amendments to the 2004 Act into force automatically two months
after Royal Assent, rather than by a commencement order, so that the
anomaly can be rectified as quickly as possible. Amendment No. 292
amends the long title of the Bill to reflect the subject matter of new
clause 13.
Stephen
Hammond:
I rise merely to say that we are happy to support
the Ministers amendment and new clause 13 in particular. I want
to put on record that we were grateful that she took the trouble last
Friday to alert us to the clause, and to give a detailed explanation as
to the rationale behind it. It enabled us to look at it carefully and
to support her, and I am grateful for her help.
Amendment agreed
to.
Clause 124,
as amended, ordered to stand part of the
Bill.
Clause
125
Short
title
Ms
Winterton:
I beg to move amendment No. 4, in
clause 125, page 95, line 8, leave
out subsection (2).
It is the privilege of this House
to control charges on public funds. Where a Bill is introduced in the
other place, a privilege amendment is, by convention, moved before the
Bill is brought to this House, so as to avoid infringing that
privilege. Amendment No. 4 deletes that privilege amendment from the
Bill in the usual way.
Amendment agreed
to.
Clause 125,
as amended, ordered to stand part of the
Bill.
New Clause
13
Civil
enforcement of traffic contraventions: meaning of local
authority
(1) Part 6
of the Traffic Management Act 2004 (c. 18) (civil enforcement of
traffic contraventions) is amended as
follows.
(2) In section 76
(civil enforcement officers) at the end
insert
(6) In
this section local authority includes a
non-metropolitan district
council..
(3) In
section 85 (prohibition of double parking) at the end
insert
(9) In
this section local authority includes a
non-metropolitan district
council..
(4) In
section 86 (prohibition of parking at dropped footways etc) at the end
insert
(10) In
this section local authority includes a
non-metropolitan district
council..
(5) In
section 87 (guidance to local authorities) at the end
insert
(3) In
this section local authority includes a
non-metropolitan district
council...[Ms
Rosie
Winterton.]
Brought
up, read the First and Second time, and added to the
Bill.
The
Chairman:
I now call Mr. Stringer to
move new clause
1.
Graham
Stringer:
The Minister gave such a good reply on that
point previously that I do not move new clause
1.
New
Clause
2
Bus
partnership schemes
(1) The
Transport Act 2000 is amended as
follows.
(2) After section 109
(further provision about plans),
insert
(3)
109A Bus partnership
schemes
(1) In preparing their
local transport plan, the authority may create a bus partnership
scheme.
(2) A bus partnership
scheme shall seek consensus on bus routes, frequencies, fares and other
matters that shall be agreed, for the period of the local transport
plan.
(3) In constructing a bus
partnership scheme, the authority shall
consult
(a) all
operators of registered services in the specified
area;
(b) such organisations
representative of passengers as it sees
fit.
(4) In exercising their
statutory functions under the Town and Country Planning Acts, the local
planning authority shall have regard to the bus partnership scheme and
guidance contained therein.
109B Bus partnership
strategy
(1) Each local
transport authority must prepare a document to be known as the bus
partnership strategy containing their general policies as to how best
to create bus partnership
schemes.
(2) In preparing a bus
partnership strategy, the authority shall
consult
(a) all
operators of registered services in the specified
area;
(b) such organisations
representative of passengers as it sees
fit..
(4) In section
162(1) (interpretation) before community bus services
insert Bus strategy means bus partnership
strategy and has the meaning given in section
109B...[Stephen
Hammond.]
Brought
up, and read the First
time.
Stephen
Hammond:
I beg to move, That the clause be read a Second
time.
The new clause is
very familiar to those who have been following the passage of the Bill
and the arguments surrounding it. As I have said consistently in
Committee, it is my strong belief that we should do as much as we can
to encourage partnership between the local authority and the operator.
The Government recognise partnership as the fundamental driver to
improvements of local bus services, because in Putting
Passengers First they said that they regard it as a key
ingredient of success. If that is true, it is difficult to
understand why the Government have not done more in the initial phases
to ensure that partnership is encouraged. We should do as much as we
can to ensure that it is encouraged and that is exactly what my new
clause does.
I
acknowledge the work done by the Campaign for Better Transport in
relation to the new clause. It has pointed out, quite rightly, that a
new clause offering a way to combine partnership with long-term
planning, in a manner that the Bill currently does not offer, would be
beneficial.
The new
clause would do nothing other than ensure that local authorities
actively consider how best to utilise partnerships while developing
long-term transport plans. It seems to me especially important that
local authorities should do that, because previous and subsequent
clauses do away with bus
strategies.
The second
part of the new clause is designed to encourage partnership still
further. It would require that local authorities look at partnership
and produce a partnership strategy, which would
encourage local transport authorities and integrated transport
authorities to think more clearly and see that partnership should be
the first route they take. That would encourage them to consider how
they might best arrange and implement partnership schemes.
The evidence shows quite clearly
that effective partnership between local authorities and bus operators
in any one area is the key to improving bus services in that area. We
had a long debate previously in Committee about areas where partnership
has worked and I will not return to that debate today. However, in my
opinion the solution is to be found not down the regulation route but
down the partnership route, so we must ensure that partnership is
encouraged and improved, and I believe that the new clause will achieve
that end.
Ms
Winterton:
I understand that the hon. Gentleman is very
keen that partnerships are able to work effectively. However, I must
say that some of the proposals in the new clause are already provided
for elsewhere in the Bill, in the revised provisions on quality
partnership schemes and provisions, including a new competition test,
relating to voluntary partnership agreements. I do not think that the
hon. Gentlemans new clause would add anything in particular to
what local authorities will already be able to do under those
provisions.
The
approach that we propose elsewhere in the Bill, particularly in terms
of quality partnerships schemes and voluntary partnerships agreements,
would enable much of the spirit of the new clause to be achieved.
Moreover, the new clause would provide far less flexibility about when
partnerships can be delivered.
Having given those reassurances,
I hope that the hon. Gentleman will be persuaded to withdraw the new
clause.
Stephen
Hammond:
I have listened closely to the Minister, but I
want to test the will of the Committee. I am not prepared to withdraw
the motion.
Question put, That the
clause be read a Second time:
The
Committee divided: Ayes 5, Noes
9.
Division
No.
22
]
Smith,
Ms Angela C. (Sheffield,
Hillsborough)
Question
accordingly negatived.
New Clause
5
Approval
of proposed scheme
(1) The
Transport Act 2000 is amended as
follows.
(2) Omit section 126
(approval of proposed
scheme).
(3) After section 125
insert
125A
Consideration of proposed
scheme
(1) If, having complied
with section 125, the authority or authorities wish to proceed with the
proposed scheme, they must apply to the appropriate consulting
authority for its
consideration.
(2) In this Part
the appropriate consulting authority
means
(a) where the
area to which the scheme relates is in England, an approvals board for
England; and
(b) where the area
to which the scheme relates is in Wales, the Welsh
Ministers.
(3) The application
must include
(a) the
authoritys or the authorities reasons for wishing to
make the scheme; and
(b) such other information as the appropriate
consulting authority may reasonably
require.
(4) The appropriate
consulting authority shall give its opinion on the proposed scheme
within 28 days of the later
of
(a) the application
for its opinion; and
(b) the
receipt of any further information requested under subsection
(3)(b).
(5) The appropriate
consulting authority may recommend modifications to the proposed
scheme.
(6) Following receipt
of the appropriate consulting authoritys opinion, the authority
or authorities must take that opinion into account and may then proceed
to
(a) make the
proposed scheme;
(b)
discontinue the proposed scheme;
or
(c) make the proposed scheme
with modifications.
(7) If the
authority or authorities propose to make the scheme with modifications,
they must first consult such of the persons they consulted under
section 125(3) as would in their opinion be affected by those
modifications..[Mr.
Leech.]
Brought
up, and read the First
time.
Motion
made, and Question put, That the clause be read a Second
time:
The
Committee divided: Ayes 5, Noes
9.
Division
No.
23
]
Smith,
Ms Angela C. (Sheffield,
Hillsborough)
Question
accordingly negatived.
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