Parking (Code of Practice) Bill

Baroness Laing of Elderslie Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Friday 23rd November 2018 Commons Chamber

[Sir Christopher Chope]

I am not going to do so.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Thank you. It is very good to have clarity for the Chair.

Question put and agreed to.

New clause 1 accordingly read a Second time, and added to the Bill.

Clause 6

Delegation of functions

Amendments made: 1, 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 sections1 to4 (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”.

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.

Amendment 2, page 3, line 28, leave out “public authority which is” and insert “person”.

This amendment is consequential on Amendment 1.

Amendment 3, page 3, line 34, leave out “the final version of”.

See the explanatory statement for Amendment 5.

Amendment 4, page 3, line 35, at end insert “for approval”.

See the explanatory statement for Amendment 5.

Amendment 5, page 3, line 36, leave out “The” and insert

“Once the Secretary of State has approved the code or alteration, the” .—(Sir Greg Knight.)

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.

Clause 7

Levy for recovery of administrative and investigation costs

Amendment made: 6, 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).” —(Sir Greg Knight.)

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.

Third Reading

Queen’s consent signified.