§ (1) Where in the case of any part of a highway (hereafter in this section referred to as "the relevant area") the highway authority for the relevant area or the local authority in whose area the relevant area is situated considers that, in order to facilitate the cleaning of the relevant area on a particular day (hereafter in this section referred to as "the relevant day"), it is appropriate to prohibit the parking of vehicles in the relevant area during certain hours of the relevant day, the authority may give notice in accordance with the following provisions of this section prohibiting such parking.
§ (2) Such notice must specify the relevant area, the relevant day and the hours in question and must be in such form and contain such other information as are prescribed; and subject to paragraphs (a) and (b) of the following subsection a copy of the notice must—
- (a) be served in accordance with regulations on the occupier of any premises adjoining the relevant area and on any prescribed person; and
- (b) be conspicuously displayed in accordance with regulations at places in the relevant area.
§ (3) Regulations may provide—
- (a) that such a notice which is served in a prescribed manner in respect of any premises shall be treated for the purposes of this section as served on the occupier of the premises;
- (b) that a failure to serve or display a notice as required by virtue of this section apart from the regulations shall in prescribed circumstances he disregarded for the purposes of this section; and
- (c) for the covering up of traffic signs and parking meters on the relevant day or any part of it, but without prejudice to the effect of the notice in question if regulations made in pursuance of this paragraph are not observed.
§ (4) Regulations may also provide that sections 20, 52 and 53 of the Road Traffic Regulation Act 1967 (which among other things provide for the removal, storage and disposal of vehicles left on roads in contravention of a statutory prohibition) shall have effect, in relation to any vehicle which is or was standing 919 on any part of a highway while parking on that part is or was prohibited by virtue of this section, with such modifications as are prescribed.
§ (5) If, either before or during the hours on the relevant day which are specified in a notice given by an authority as mentioned in subsection (1) of this section, the authority displays such further notices in the relevant area and takes such other steps (if any) as are prescribed, the prohibition on parking attributable to the notice so given shall not come into force or, if it is already in force, shall cease to be in force.
§ (6) It shall be the duty of the highway authority for any part of a highway and of the local authority in whose area the part is situated to co-operate with each other in performing the functions conferred on them by virtue of this section; and where a highway authority or a local authority gives notice as mentioned in subsection (1) of this section in respect of any part of a highway for which it is the highway authority or, as the case may be, which is within its area, any other authority which is the highway authority for that part or which is the local authority within whose area that part is situated shall, with the approval of the authority which gave the notice, be entitled to act in pursuance of this section as if the other authority had given similar notice.
§ (7) Where any parking in the relevant area is, by virtue of a notice given as mentioned in subsection (1) of this section, prohibited during specified hours on the relevant day, no right of action shall accrue to any person by reason of the fact that all or some of the cleaning of the relevant area which the highway authority or, as the case may be, the local authority proposes to do or has done during those hours is not cleaning which that authority has or had power to do if the other of those authorities has or had power to do it.
§ (8) Any reference in the preceding provisions of this section to a part of a highway includes any such part on which the parking of vehicles is, apart from this section, authorised by virtue of any enactment whether on payment or free of charge; and where the parking of vehicles on such a part is prohibited by virtue of this section a person shall not be entitled to recover any sum paid by him in respect of the parking of a vehicle there.—[Mr. Denis Howell.]
§ Brought up, and read the First time.
§ Mr. Denis HowellI beg to move, That the clause be read a Second time.
§ Mr. SpeakerWith the new clause we are to discuss Government amendments Nos. 26 and 27.
§ Mr. HowellOn Second Reading I expressed my astonishment at finding that there was no obligation to clean the streets. I mentioned that such an obligation would obviously raise the question of moving motor cars to allow local 920 authorities to carry out the cleaning. As the House will want to have regard to the great shortage of labour and the use of new mechanical means, I think that that is a reasonable proposition.
The hon. Member for Hornsey (Mr. Rossi) will be glad to know that this provision comes directly from Haringey Borough, where it has proved to be extremely helpful. Two steps will be required to activate it. First, the highway or local authority will have to serve advance notices on the occupiers, and it will also have to exhibit notices stating the day and hours when it intends to clean particular streets. That will be helpful. It will guarantee that the streets are cleaned, which is not always the case now.
Secondly, there is Provision that parking spaces and meters can be suspended during certain periods. It has been suggested that we should go further and make it an offence for people to leave their cars in such areas. I am sure that I carry the House with me when I say there is no need to go to the Draconian lengths of saying that someone has committed a criminal offence if he has left his motor car in a relevant area. Nor are we suggesting or envisaging that cars will be moved great distances. Local authorities will have power to move a car from one side of the road to the other or just around the corner. In other words, they will have the power to move a vehicle sufficiently for the purpose we have in mind. We must tackle the problem of litter in our streets and the cleaning of the streets. This is a sensible step forward which I hope commends itself to the House.
§ Mr. RossiI am grateful to the Minister for the manner in which he has moved the new clause and for the tribute he has paid to my local authority for pioneering this provision in a Private Act during the three years in which my party happened to be in control of the local authority. There were other provisions, such as the banning of heavy lorries in residential streets throughout the borough, which have been of great benefit to the residents in my constituency.
We must bear in mind that with a provision of this kind local authorities must take care that it does not become an instrument of harassment for motorists. 921 That can so easily be the result. Once the power is in the hands of a local authority, it should become a matter of mutual co-operation between the authorities and the motorist. The motorists who leave their cars in the residential streets of boroughs are mostly those who live in the same streets in which they park their cars. That is because they happen to have a house without a garage. It is in their interests as much as anyone else's that the streets are kept clean and that the environment and the amenities are well maintained.
The Minister will gather from the trend of my remarks that I give a warm welcome to this proposal.
§ Mr. Stephen Ross (Isle of Wight)I also extend a warm welcome to the new clause. I thank the Minister for the cooperation which he has given in the background by enabling me to see the new clause prior to the debate.
It has been brought to my notice in my constituency that where a street has become filthy, and where cars have been parked seven days a week, Sunday is generally the day when washing-down takes place. I am told that there is a growing practice of emptying oil sumps into drains in the gutter. That, of course, leads to blockages and when there is a thunderstorm flooding takes place. This is a growing practice to which local authorities will have to attend. With these few words I welcome the new clause.
§ Question put and agreed to.
§ Clause read a Second time, and added to the Bill.