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Baroness Thomas of Walliswood: The series of amendments, beginning with Amendment No. 297P which is all about the mayor rather than the Secretary of State approving borough charges and so on, is welcome. It is at least a devolution of power. We are content that the mayor should do it, which is better than TfL being given substantial powers so that it acts in a fairly independent manner.

The Minister has in effect replied to my amendments before I have formally moved them. I understand why he has done so, and at this stage in the proceedings I shall not create about it. Based on what the Minister has said, when the amendments are put by the Deputy Chairman of Committees I shall not move them.

Lord Brabazon of Tara: We shall need to look at these amendments and the shape of the Bill once they have been incorporated. The amendments form a fairly substantial group of provisions; they rewrite this part of the Bill to a considerable extent. I do not say that we have anything against them. However, I am slightly curious that here the Minister has removed "Secretary of State" and inserted "Mayor" in the context of the level of parking charges to be set by individual boroughs, whereas a little while ago he rejected one of my amendments which proposed that the mayor should be responsible for penalty fares and the Secretary of State should not have a say. The argument then used by the Minister was that the level of penalty fares in one area could impact on that adopted in another. That argument could also be used in respect of parking charges. I agree with what the Minister seeks to do in this case, but I just wonder why he could not have been more accommodating earlier.

Lord Whitty: I thought that I had been fairly accommodating. However, my argument then was that the Secretary of State needed to take into account the implications for other means of transport that might not fall within the authority of the mayor and GLA. Whereas clearly between them the boroughs and the GLA have total control over parking, a London Transport penalty fare at shared stations could have an impact on other operators outside what is currently the London Underground network.

Lord Brabazon of Tara: That is true, but one has the same situation where one has a borough or county, whatever it is, just outside the boundary of Greater London that may have a totally different system of

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parking charges and penalty fares. As now, one will have people moving from one area to another and parking where it is cheaper or perhaps free of charge.

Baroness Thomas of Walliswood: I did not intend to rise again, but the noble Lord, Lord Brabazon of Tara, has made an important point. Those issues should be devolved. When the Bill is redesigned on the page, it will be easier to see how it links together, but I hope that then we shall see that there are obligations for the mayor to consult on those matters. Nothing is more controversial between authorities than the different levels of parking charges levied. I see the noble Baroness, Lady Farrington, smiling at me, and anyone who has experienced different towns fighting to lower their parking charges so as to attract the maximum amount of trade will know what I am talking about.

On Question, amendment agreed to.

Lord Whitty moved Amendment No. 297HA:


Before Clause 219, insert the following new clause--

FINANCIAL PROVISIONS RELATING TO PARKING PLACES ON THE HIGHWAY

(" .--(1) Section 55 of the Road Traffic Regulation Act 1984 (financial provisions relating to designation orders) shall be amended as follows.
(2) In subsection (1)(a) (accounts in respect of parking places on the highway in the case of London borough councils and the Common Council) after "in the case of" there shall be inserted "Transport for London,".
(3) In subsection (3A) (London borough councils and Common Council to report to Secretary of State on action taken with respect to deficit or surplus on their parking account)--
(a) at the beginning there shall be inserted "Transport for London,"; and
(b) for "Secretary of State" there shall be substituted "Mayor of London".
(4) In subsection (4) (purposes for which a surplus on a local authority's parking account may be applied) the word "and" immediately preceding paragraph (d) shall be omitted and after that paragraph there shall be added--
"(e) in the case of a London authority, meeting all or any part of the cost of the doing by the authority in their area of anything--
(i) which facilitates the implementation of the London transport strategy, and
(ii) which is for the time being specified in that strategy as a purpose for which a surplus may be applied by virtue of this paragraph;
(f) in the case of a London authority, the making to any other London authority of contributions towards the cost of the doing by that other authority of anything towards the doing of which in its own area the authority making the contribution has power--
(i) to apply any surplus on the account required to be kept under subsection (1) above; or
(ii) to incur expenditure required to be brought into that account."
(5) At the end of the section there shall be added--
"(8) For the purpose of enabling Transport for London and any other London authorities to discharge jointly any functions conferred by virtue of subsection (4)(f) above by a joint committee established

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under section 101(5) of the Local Government Act 1972, sections 101(5) and 102 of that Act shall have effect as if Transport for London were a local authority.
(9) In the application of this section in relation to Transport for London, any reference to its general fund shall be taken as a reference to the financial reserves for which provision is made under section 70(2)(c) of the Greater London Authority Act 1999 in calculating Transport for London's component budget for the financial year in question.
(10) In this section--
"London authority" means Transport for London, a London borough council or the Common Council of the City of London;
"the London transport strategy" means the transport strategy prepared and published under section 124 of the Greater London Authority Act 1999.").

On Question, amendment agreed to.

Lord Whitty moved Amendment No. 297J:


Before Clause 219, insert the following new clause--

APPOINTMENT OF PARKING ADJUDICATORS BY JOINT COMMITTEE

(" .--(1) Section 73 of the Road Traffic Act 1991 (appointment of parking adjudicators by joint committee of London authorities) shall be amended as follows.
(2) For subsection (1) (London authorities to establish a joint committee within two months of issue of first guidance under section 63 of that Act) there shall be substituted--
"(1) The London local authorities and Transport for London (in this section referred to as "the appointing authorities") shall establish a single joint committee under section 101(5) of the Local Government Act 1972 ("the Joint Committee") before 4th September 2000 or such later date as the Secretary of State may by order specify.
(1A) For the purposes of subsection (1) above, sections 101(5) and 102 of the Local Government Act 1972 shall have effect as if Transport for London were a local authority."
(3) In subsection (2) (functions of London authorities under sections 73 and 74 to be exercised by the Joint Committee) the words "and section 74 of this Act" shall cease to have effect.
(4) For the words "London authorities", wherever occurring, there shall be substituted "appointing authorities".").

On Question, amendment agreed to.

Clause 219 [Fixing of certain parking and other charges]:

Lord Whitty moved Amendment No. 297K:


Page 119, line 37, leave out subsection (1).

On Question, amendment agreed to.

[Amendment No. 297L not moved.]

Lord Whitty moved Amendment No. 297M:


Page 120, line 4, at end insert--
("(1A) Before setting the level of any charges under subsection (1) above, Transport for London must consult the London local authorities.").

On Question, amendment agreed to.

[Amendment No. 297N not moved.]

Lord Whitty moved Amendment No. 297P:


Page 120, line 8, leave out ("Secretary of State") and insert ("Mayor of London").

On Question, amendment agreed to.

[Amendments Nos. 297Q and 297R not moved.]

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Lord Whitty moved Amendment No. 297S:


Page 120, line 15, leave out ("Secretary of State") and insert ("Mayor of London").

On Question, amendment agreed to.

[Amendments Nos. 297T and 297U not moved.]

Lord Whitty moved Amendment No. 297V:


Page 120, line 20, leave out from first ("by") to end of line 21 and insert ("order made by the Mayor of London.").

On Question, amendment agreed to.

[Amendment No. 297W not moved.]


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