9A.—(1) This paragraph applies where a person proposes to undertake a journey before the end of the next complete eight working days, being a journey—
(2) The person may apply for a permit under the Order for the journey by giving the details mentioned in sub-paragraph (3) below to the authority concerned by telephone or by means of facsimile transmission.
(3) The details referred to above are—
(4) In this paragraph—
approved arrangements", "authorised works" and "the London Lorry Ban Order" have the same meanings as in paragraph 9 above; and
working day" means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.
9B.—(1) An authority responsible for dealing with applications for permits under the London Lorry Ban Order shall make arrangements enabling applications under paragraph 9A above to be made at any time.
(2) Once an application for a permit has been made under paragraph 9A above, then, for the purpose of any relevant journey, the application shall be treated as granted subject to such conditions as the Secretary of State may by order specify for the purposes of this provision.
(3) A journey is a relevant journey for the purposes of subparagraph (2) above if it is begun before the authority to which the application is made has communicated its decision on the application to the applicant by telephone or by means of facsimile transmission.
(4) If an application under paragraph 9A above has been granted, or is treated as granted, then, while the vehicle concerned is undertaking a journey covered by the application, paragraph 4 of the London Lorry Ban Order and of the Westminster Lorry Ban Order shall have effect in relation to it with the substitution for paragraph (a) of—
(a) in relation to any goods vehicle being driven by any person in a restricted street during the prescribed hours in respect of which an application under paragraph 9A of Schedule 9 to the Channel Tunnel Rail Link Act 1996 has been granted, or is treated as granted, provided that any conditions subject to which the application is granted, or treated as granted, are complied with; or".
(5) The power to make an order under sub—paragraph (2) above includes—
(6) In this paragraph—
the London Lorry Ban Order" has the same meaning as in paragraph 9 above; and
the Westminster Lorry Ban Order means the City of Westminster (Restriction of Goods Vehicles) Traffic Order 1992.")
§ Mr. Watts
I beg to move, That this House doth agree with the Lords in the said amendment.
The amendment honours an assurance given during proceedings in another place and, as some hon. Members may know, it was the subject of much debate during the latter stages of the Bill's passage through the other House. It concerns the way in which the London boroughs traffic 185 scheme, otherwise known as the lorry ban, should be dealt with during the period of construction of this piece of rail infrastructure.
§ Mr. Bradley
I have a few words to say on the amendment, because it is worth noting that there was considerable discussion and not a little controversy about the way in which the current London lorry ban order would be changed to facilitate the construction of the rail link.
The contention effectively centred on the attempt to include the cost-effective manner in which the lorry ban would be changed. There was great concern that the cost-effective provision would allow the lorries involved in construction to use minor roads or roads through residential areas that proved more cost-effective than usual routes; and that the time limit would not be long enough for the authority to notify the applicant for changes to the lorry ban of its decision. As the Minister pointed out on Third Reading, the words "cost-effective" were removed and the London boroughs transport scheme has accepted the need for appeals against the imposition of conditions that might obstruct the carrying out of the works to go to the Secretary of State for determination. We are pleased that those requirements have now been included in the Bill.
While we do not wish to inhibit the construction in any way, it is essential that there is recognition of the need to protect the local environment and local residents and that all the new measures involved in the amendment are complied with. I am sure that the Minister, on behalf of the Secretary of State, will diligently monitor the changes to the so-called London lorry ban, while not undermining the original intention behind the scheme, which is to ensure quiet enjoyment of certain areas.
Again, excellent work has been undertaken in the other place to allow us to accept the amendments. The nature of the debate and the detailed way in which the other House undertook consideration of those matters have, again, helped to limit the amount of time that we need to spend debating them tonight. I am sure that, before we complete our deliberations on the amendment, the Minister will give an assurance that the new arrangements will be diligently monitored and adhered to, and, with that, we shall support the amendment tonight.