Archived decisions

Contact: Peter Bayless, ext 6882/Kevin Gardner, ext 7381

1. Summary

1.1 The following decisions are sought:

(i) That approval is given to enter into an Agreement with Winchester City Council under Section 19 of the Local Government Act 2000 to continue the arrangements established under Section 101 of the Local Government Act 1972 between the County Council and City Council in the "Agency Agreement for Enforcement of Parking Control" dated 20 May 1996.

(ii) That approval is given to enter into an Agreement with Manchester City Council and Kent County Council under Section 20 of the Local Government Act 2000 to continue the arrangements established under Section 101 of the Local Government Act 1972 in an Agreement dated 18 February 1999 to set up the National Parking Adjudication Service Joint Committee.

(iii) That the County Council be requested to appoint one representative to the National Parking Adjudication Service Joint Committee, being a Member elected for an electoral division wholly or partly within the Winchester area.

2. Reason

2.1 Decriminalised Parking Enforcement was brought into operation in the Winchester City Council area by S1 1996 No. 1171 "The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire, City of Winchester) Order 1996" ("the Order"). By an Agreement dated 20 May 1996 the County Council authorised Winchester City Council, under Section 101 of the Local Government Act 1972, to act as its agent in discharging the County Council's functions in respect of parking enforcement within the area designated by the Order. By a further Agreement dated 18 February 1999 the County Council entered into joint arrangements with the councils for Kent, Manchester and Winchester, under Section 101 of the Local Government Act 1972, establishing the National Parking Adjudication Service Joint Committee (NPASJC). This joint committee has responsibility for providing an appeals service for persons appealing against rejection by the council concerned of representations against penalty charges and the clamping or removal of vehicles.

2.2 The Local Authorities (Executive Arrangements) (Modification of Enactments and Further Provisions) (England) Order 2001 has made certain changes to Section 101 of the Local Government Act 1972. The effect of this is that both of the Agreements referred to ceased to have effect upon the County Council commencing operation of executive arrangements. It is necessary therefore for the County Council's Executive to consider whether the arrangements referred to should be continued.

2.3 The NPASJC comprises one elected member appointed by each of the councils. The effect of Regulation 12 of the Local Authorities (Arrangements or the Discharge of Functions) (England) Regulations 2000 is that, as the NPASJC has functions in respect of part only of the County Council's area, political balance requirements do not apply, and that the representative shall be a member elected for an electoral division wholly or partly within the area designated by the Order. Under previous arrangements the County Council's representative has been Councillor Hutcheson, whose division is Hawley and Church Crookham. This is outside the area designated by the Order.

3. Other Options Considered and Rejected

3.1 The County Council to take over on-street enforcement action in the Winchester City Council area. This would be neither practical nor desirable since the City Council has a well established enforcement system linked with its off-street enforcement activities.

3.2 In respect of the NPASJC there is no real alternative to the continuation of the service, as it is a legal requirement of the Order that it be established.

4. Conflicts of Interest Declared by the Decision Maker or a Member or Officer consulted - Not applicable.

5. Dispensation granted by the Standards Committee - Not applicable.

6. Reason for the Matter being dealt with if Urgent

6.1 Both Agreements have ceased to have effect by virtue of the relevant legislation. It is important that they be re-established without delay. It is expected that the other parties will be in a position to complete the necessary legal agreements in advance of the next scheduled decision making day.

Approved by: Date: 2 October 2001

Councillor K B Estlin

6703/PDB