CLAUSE 16.—(Extension of powers of local authorities as to parking places.) (Hansard, 29 July 1935)

Captain HUDSON
I beg to move, in page 20, line 2, at the end, to insert: (4) Sub-section (6) of the said section sixty-eight (which relates to the power of a local authority to make regulations as to the matters therein specified) shall have effect as if for the word 'regulations' there were therein substituted, in all places where that word occurs, the word 'bye-laws,' and in relation to any bye-laws made under the said sub-section references in section two hundred and fifty of the Local Government Act, 1933, to 'the confirming authority' shall be construed as references to the Minister of Health: Provided that any regulations which were in force under the said sub-section immediately before the passing of this Act shall, during the period of twelve months after the passing thereof, have effect as if they had been bye-laws made under the said sub-section as amended by this Act. This Amendment gives effect to a proposed new Clause which stood second on the Order Paper to-day, in regard to the making of by-laws by local authorities in regard to parking places. The local authority will be empowered to make bylaws instead of regulations, and this will enable them to initiate proceedings in case of the improper use of parking places. This change was requested during the Committee.

§ Mr. MAITLAND
I am very grateful to the Minister for putting forward this Amendment, but I am sorry to say that those who were largely responsible for it, the local authorities, are of the opinion that it goes rather too far. On many occasions the Minister has complained that when he makes a concession he is asked for more, but on this occasion I am happy to tell him that he has given the local authorities more than they asked for. He has been so busy with perhaps more important Amendments that he may not have had the time to consider the precise effect of the one which he is now proposing. This morning I handed in a 2407 manuscript Amendment. It was not possible to put it down to-day, and the Minister's Amendment was placed on the Paper only on Saturday. May I ask, Mr. Deputy-Speaker, if your attention has been called to my manuscript Amendment?

§ Mr. DEPUTY-SPEAKER
No; Mr. Speaker has decided not to call it.

§ Mr. MAITLAND
May I then ask the Minister to consider the precise effect of his Amendment in its present form? The position which the local authorities take is that they would like to see the Amendment restricted to parking places which form part of the street. While they appreciate the courtesy of the Minister in meeting them, the Amendment, if it remained in its present form, would mean that on Friday of next week all the regulations which are the subject of the proposed Sub-section would come to an end, and any local authority which had provided parking places would not be able to charge until the by-laws were made and confirmed, and that would take some months. I am further advised that the Minister of Health will be bombarded by local authorities with applications for the confirmation of by-laws in the next few weeks, and that there is no possible reason for requiring by-laws for all parking places. I hope that the Minister may see his way to accept some such words as those which I put into the Amendment which Mr. Speaker has decided not to call, having regard to the practical effect of the Minister's Amendment in its present form. I do not wish to be churlish, and I would thank him for what he has done in trying to meet the local authorities.

§ Mr. HORE-BELISHA
I am the last person to consider my hon. Friend churlish. On the contrary, he takes a very tolerant view of my generosity. In the Committee stage, Members of all parties put their names to an Amendment asking that the regulations affecting parking places of local authorities should henceforward have the force of by-laws The case, as I understood it and still understand it to be, is that the regulations are not enforceable, whereas bylaws would be enforceable. I studied the Amendment closely in the Committee stage, as I did all Amendments, and I have of my own motion put down a 2408 number of them to cover various points; this was one of them. My hon. Friend now says—I think he is entitled to speak for the municipalities concerned—that it will be an imposition upon the local authorities if they have to make by-laws instead of regulations, covering all their parking places, whether on the streets or off the streets. They want the by-laws to apply to the streets and not off the streets so that they do not have any trouble.
According to my hon. Friend they say that on Friday all the regulations will fall if this Clause be carried. May I direct the attention of my hon. Friend to the proviso, which says that any regulations which were in force shall, during a period of twelve months after the passing of this Measure, have effect as if they had been by-laws? The existing position is covered for 12 months, during which the local authorities may adjust themselves to the new conditions which, generally, are more favourable to them because they will be able to enforce their regulations. They will have 12 months in which to do that. That proviso has evidently been overlooked. In the circumstances, I hope that any inconvenient results of my having given them more than they asked for may be removed, as it is certainly my desire to remove them.