Civil Enforcement of Parking Contraventions (Representations and Appeals) (Wales) Regulations 2008

rose to move, That the Grand Committee do report to the House that it has considered the Civil Enforcement of Parking Contraventions (Representations and Appeals) (Wales) Regulations 2008. The noble Baroness said: I am delighted to move these parking regulations. They are part of a package of measures that will put into place new procedures for parking enforcement by local authorities in Wales. They were laid before the House on 7 January and debated in the Commons on 5 February 2008. Similar regulations for England were brought before the House on 19 November 2007. The intention is that the new enforcement regime will come into force in Wales and in England from 31 March 2008. The regulations for England and Wales are deliberately very similar to improve understanding and to avoid complications arising from any significant cross-border variations. The only material differences relate to the fact that approval for new civil parking contraventions systems—CPE—will be given by the Welsh Assembly Government in Wales, which will also issue statutory and non-statutory guidance to local authorities in Wales. This means that motorists should have no reason to be confused by separate parking enforcement systems when travelling between Wales and England, or even between different local authorities within Wales. Local authorities will also be able to compare their performance against similar local authorities to see whether their own systems require revision. I am sure that noble Lords are well aware of the importance of good traffic management in improving road safety, reducing congestion and minimising the impact of road traffic on the environment. The Traffic Management Act 2004 gives local authorities a specific duty to manage their networks, and fair and effective parking enforcement has a role to play in that. The regulations will help them to do that in a fair, transparent and effective manner, with the overarching objective of keeping traffic moving safely. There will also be the benefit of making public transport more attractive to passengers. Essentially, the regulations tidy up and strengthen legislation that stems from the Road Traffic Act 1991. The new enforcement system will also benefit motorists by encouraging the best use of available road space and provide a more transparent mechanism for enforcement. Ministers of the Welsh Assembly Government will be responsible for considering local authorities’ new proposals for CPE and deciding whether they should be approved. There may be instances where a vehicle has been immobilised or removed in error, or where a penalty charge notice has been served in error, for example, because a driver might be delivering or collecting goods while displaying a valid permit or because the owner who receives a payment reminder was not the owner at the time of the contravention. That is why the regulations also provide for measures to challenge the action of local authorities and to appeal to an adjudication service should those challenges be rejected. For example, the adjudicator will have the power to return a case to the local authority to reconsider a contravention that took place in mitigating circumstances. The procedures for representations and appeals largely replicate those in the 1991 Act. The regulations maintain the 1991 Act’s simplified and streamlined process in which appeals will continue to be made to an independent adjudication service that deals only with parking issues. Local authorities are required to publicise those mechanisms so that they are easily accessible to the public. The package of regulations—others are being taken through the legislative processes of the National Assembly for Wales—has been finalised following a widespread consultation exercise. Responses were received from individual local authorities in Wales, the police, the British Parking Association, the Institute of Highways and Transport, the Chartered Institute of Logistics and Transport and others. In addition, the package of regulations has also benefited from expert and robust advice from the entirely independent adjudicators. These proposals were first brought to the attention of local authorities in January 2007 as part of an initial consultation. It was clear even then that local authorities wishing to take on these permissive powers would need time to review their parking strategy, confirm that CPE is required, employ and train civil enforcement officers, update their ICT systems and ensure that road markings and signs are correct. Subject to parliamentary and National Assembly for Wales procedures, and given the preparations that local authorities need to make, the coming into force date for these powers is 31 March this year. It is also important to note that local authorities that choose to take on these powers should aim to achieve self-financing as quickly as possible, utilising income from parking charges and PCNs to cover the cost of CPE. CPE is not a revenue-raising measure, and any surplus will have to be used on transport-related schemes. The Welsh Assembly Government will receive annual reports from local authorities that adopt CPE detailing their CPE activities and how any surplus was spent. The regulations have been widely welcomed by local authorities and the public and I hope that they will be welcomed by all Members of the Committee, who I know have a great interest in promoting the best and safest use of road space and encouraging public transport. It has taken a great deal of hard work to balance the need of local authorities for a strong and effective enforcement regime with a system that motorists will recognise as flexible and fair. The Welsh Assembly Government will be issuing detailed operational guidance, statutory guidance and guidance about the use of approved devices used to record alleged contraventions to help local authorities that wish to take on CPE. I beg to move. Moved, That the Grand Committee do report to the House that it has considered the Civil Enforcement of Parking Contraventions (Representations and Appeals) (Wales) Regulations 2008. 6th Report from the Joint Committee on Statutory Instruments—(Baroness Morgan of Drefelin.)