Schedule 3 - Schedule 4B to the New Roads and
Traffic Management Bill
3:15 pm
Mr Christopher Chope (Christchurch, Conservative)
I also want to take the opportunity to ask the Minister a few questions about the schedule. First, paragraph 6(5) says:
''In proceedings for the offence a certificate which—
(a) purports to be signed by or on behalf of the person having responsibility for the financial affairs of the street authority''.
Will the Minister explain why it does not have to be signed by that person? That seems a very odd state of affairs. Will he also comment on the suggestion that an authority that imposes a notice, which it subsequently withdraws, should be liable for compensation for the costs and inconvenience incurred as a result of the false issue of the notice? Will he comment on paragraph 8 that refers to the Secretary of State being able,
''with the consent of the Treasury'',
to make regulations about the fixed penalties? Will he explain why it is necessary for the Treasury to be party to that?
Will he provide some idea of the circumstances in which he expects fixed penalty notices not to be given? Will he also provide an idea of the periods within which it is reasonable for those notices to be given and to be paid? Paragraph 4(2) states a ''period of 29 days'', which is a pretty tight procedure for a large organisation to pay the penalty notice. If the notice is contested, the 29 days continue to run, which would inhibit the statutory undertaker from querying the fairness of its issue.