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Lord Whitty moved Amendment No. 297X:


Page 120, line 21, at end insert--
("(4A) Levels of additional parking charges set in accordance with this section may only come into force in accordance with section 74A below.").

On Question, amendment agreed to.

[Amendments Nos. 297Y and 297XA not moved.]

Lord Whitty moved Amendments Nos. 297XB to 297XF:


Page 120, leave out line 29 and insert ("have been set in accordance with the provisions of this section.").
Page 120, line 31, after ("section") insert ("or section 74A below").
Page 120, line 35, at end insert ("or section 74A below").
Page 120, line 35, at end insert--
("(8A) Section 122 of the Road Traffic Regulation Act 1984 (exercise of functions by local authorities) shall apply in relation to--
(a) Transport for London,
(b) the London local authorities, and
(c) the Mayor of London,
and functions conferred on them by or under this section as it applies to local authorities and functions conferred on them by or under that Act.").
Page 120, line 42, at end insert--
("Additional parking charges: reserve powers of Secretary of State.
74A.--(1) Where the Mayor of London--
(a) on a submission under subsection (3) of section 74 above, approves any levels of additional parking charges, or
(b) sets any such levels under subsection (4) of that section,
he shall notify the Secretary of State of the levels of charges so approved or set.
(2) Where notification of any levels of charges is required to be given under subsection (1) above, the levels of charges shall not come into force until after the expiration of--
(a) the period of one month beginning with the day on which the notification is given, or
(b) such shorter period as the Secretary of State may allow.

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(3) If, before the expiration of that period, the Secretary of State gives notice to the Mayor of London that he objects to the levels of charges on the grounds that some or all of them are or may be excessive, those levels of charges shall not come into force unless and until the objection has been withdrawn.
(4) If, at any time before the levels of charges required to be notified under subsection (1) above to the Secretary of State have come into force, the Secretary of State considers that some or all of them are excessive, he may make regulations setting the levels of charges.
(5) Levels of charges set under subsection (4) above must be no higher than those notified under subsection (1) above.
(6) Subsections (5) and (6) of section 74 above shall apply in relation to levels of charges set under subsection (4) above as if those levels of charges had been set in accordance with the provisions of that section--
(a) by Transport for London, so far as relating to GLA roads or trunk roads, or
(b) by the London local authorities, so far as relating to other roads.
(7) Regulations under subsection (4) above are without prejudice to the duties imposed on Transport for London and the London local authorities by section 74(1) above; but where the Secretary of State makes any such regulations--
(a) Transport for London, if the regulations relate to GLA roads or trunk roads, or
(b) the London local authorities, if the regulations relate to other roads,
must not make any further submission to the Mayor of London under section 74(3) above until after the expiration of the period of twelve months beginning with the day on which the regulations are made.").

On Question, amendments agreed to.

Clause 219, as amended, agreed to.

Clause 220 agreed to.

Lord Whitty moved Amendment No. 297XG:


After Clause 220, insert the following new clause--

VARIATION OF SPECIAL PARKING AREAS BY THE MAYOR

(" . After section 76 of the Road Traffic Act 1991 (special parking areas) there shall be inserted--
"Variation of special parking areas by Mayor of London.
76A.--(1) At any time when an order under section 76 above designating the whole or any part of a London authority's area as a special parking area is in force, the Mayor of London may by order under this subsection amend the order so as to vary the area which for the time being constitutes the special parking area.
(2) No order may be made under subsection (1) above without the consent of every London local authority which is the traffic authority for a road which the order has the effect of bringing within, or removing from, the special parking area concerned.
(3) An order under subsection (1) above must not be such as to bring within a special parking area--
(a) any area specified in an order under this paragraph made by the Secretary of State; or
(b) the whole or any part of a Royal Park, except with the consent of the Secretary of State.
(4) No area may be specified in an order under subsection (3)(a) above unless the Secretary of State is satisfied that it is expedient, on grounds of national security, that no part of that area should be included in a special parking area.

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(5) In this section "Royal Park" means any park to which the Parks Regulation Act 1872 applies (see sections 1 and 3 of the Parks Regulation (Amendment) Act 1926).").

The noble Lord said: Since the passing of the Road Traffic Act 1991, the principle of decriminalising parking offences has been well established through the creation of special parking areas. Now, in Greater London, illegal parking remains a criminal offence only on the red routes, in royal parks and in a few places in and around Westminster. In those places, the police and traffic wardens--rather than the local authority parking attendants--undertake enforcement.

The purpose of Amendment No. 297XG is to allow the mayor a simple way to change the boundaries of special parking areas, thereby offering an opportunity to extend decriminalisation of parking offences. The mayor may only do that with the consent of the traffic authority. In practice, most roads outside the current special parking areas are red routes which will become GLA roads, so Transport for London will be the relevant traffic authority. Where a new road is within a royal park, the consent of the Secretary of State is required. The Secretary of State can also exclude any area by order on grounds of national security.

Lord Berkeley: Perhaps I may raise the question of royal parks. Before the next stage, can the Minister consider whether it is necessary to have the approval of the Secretary of State? As regards parking, traffic control and speeding fines--and could we not resurface the Mall, which must be the widest road in London, without closing it for two months?--perhaps they could be incorporated more into Transport for London rather than being set apart with criminalised parking.

9.15 p.m.

Lord Whitty: At an earlier stage in the Bill--I can no longer remember quite when--I indicated that we propose to amend the Bill at a later stage to provide that the Royal Parks Agency must consult the highway or traffic authority on traffic management or parking proposals; and, likewise, that the Royal Parks Agency must have regard to the mayor's strategy. Those amendments are still subject to some discussion, but I hope to bring them forward at a later stage.

On Question, amendment agreed to.

Clause 221 [Interpretation of parking provisions]:

[Amendments Nos. 297XGA to 297XGB not moved.]

Lord Whitty moved Amendment No. 297XH:


Page 121, line 32, at end insert--
("""Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975;".").

On Question, amendment agreed to.

Lord Whitty moved Amendment No. 297XJ:


Page 121, line 40, at end insert--
("(5) In subsection (6) (power to make orders or regulations to be exercisable by statutory instrument) after "conferred by this Part" there shall be inserted "on a Minister of the Crown".

On Question, amendment agreed to.

Clause 221, as amended, agreed to.

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Clause 222 agreed to.

Clause 223 [Parking attendants]:

Lord Whitty moved Amendments Nos. 297XK and 297XL:


Page 122, line 37, leave out ("the Greater London Authority") and insert ("Transport for London").
Page 122, line 38, at end insert--
("( ) After subsection (5), there shall be inserted--
"(6) For the purposes of this section, the area of Transport for London is Greater London."

On Question, amendments agreed to.

Clause 223, as amended, agreed to.

Lord Whitty moved Amendment No. 297XM:


After Clause 223, insert the following new clause--

EXERCISE BY TRAFFIC WARDENS OF FUNCTIONS OF PARKING ATTENDANTS

(".--(1) Section 95 of the Road Traffic Regulation Act 1984 (appointment of traffic wardens) shall be amended as follows.
(2) After subsection (4) (which confers power to employ traffic wardens to act as parking attendants at certain street parking places) there shall be inserted--
"(4A) For the purposes of subsection (4) above, Transport for London is a local authority."").

On Question, amendment agreed to.

Clause 224 [London borough council affecting another authority's roads]:

[Amendments Nos. 297XMA to 297XMD not moved.]

Clause 224 agreed to.

On Question, Whether Clause 225 shall stand part of the Bill?


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