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Clause 30 - Recovery of costs from local traffic authorities

Traffic Management Bill

Public Bill Committees, 29 January 2004, 4:30 pm

Photo of Mr Tony McNulty

Mr Tony McNulty (Parliamentary Under-Secretary, Department for Transport; Harrow East, Labour)

I do not doubt that the concerns expressed by the hon. Member for Christchurch and the right hon. Member for Wokingham, are sincere. They would trouble me, too, were it not for the fact that in clause 30(2), the word ''may'' is used. When an intervention order is made, it is absolutely discretionary whether, from thereon, all the administrative and other costs of the traffic director and of intervention, are borne by the relevant local authority. That is not an obligation. The national authority might decide not to recover the costs from the local authority, and to bear the cost itself. It may well be that the financial state of the relevant local authority is such that to persevere in trying to recover those costs from it would decrease its capability to recover from its parlous position in terms of the traffic management network duty, rather than enhance its ability to overcome those difficulties. That is the degree of flexibility.

If the money is to come from the centre, it is a matter for debate for the national authority whether it should come from the local transport plan process, the standard spending assessment process, or elsewhere, although hon. Members will know that a goodly deal of the Department for Transport's money that goes to local authorities is in capital rather than revenue. That will have to be borne in mind. That should allay the right hon. and hon. Gentlemen's fears about flexibility in the recovery of traffic director costs after an intervention order has been served. There is flexibility: it will not be simply an imposition at local level when a traffic director is appointed. I commend clause 30 to the Committee.

Question put, That the clause stand part of the Bill:—

The Committee divided: Ayes 7, Noes 4.

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