Chapter II
Sections 383 and 384: Trafalgar Square and Parliament Square
586.Chapter II vests Parliament Square garden as part of the hereditary possessions and revenues of Her Majesty (section 384). It also transfers management responsibility for Trafalgar Square and Parliament Square to the Authority. These responsibilities in respect of Trafalgar Square (section 383) and Parliament Square (section 384) cover the repair and maintenance of the fabric (eg lighting, repairs to statues) and controlling and licensing their use (eg demonstrations, advertising). The transfer affects only the central island in each case. Responsibility for the roads surrounding the Squares remains with the highway authority (Westminster City Council) and is not affected.
Section 385: Byelaws
587.The Authority acting through the Mayor may make byelaws for the general regulation of the Squares. (These will replace the Parks and Other Open Places Regulations 1997, under which the squares were previously regulated.) The Mayor has an explicit power through the byelaws to regulate trading, and such byelaws may provide for the seizure and retention of property used in unauthorised trading. This would include the traders outlet and goods. This power would enable the Mayor to implement a regime to control illegal trading. The Secretary of State is the confirming authority for the byelaws. The maximum fine for contravening trading byelaws will be level 3 on the standard scale (£1000). The maximum fine for contravention of any other byelaws will be level 1 on the standard scale (£200).
Section 386 Guidance
588.Section 386 gives the Secretary of State the power to issue guidance to the Mayor about the exercise of certain functions such as the care, control, management and regulation of the Squares. The Mayor, and any person or body exercising functions on the Mayor's behalf, must take this guidance into account when exercising any duties or powers with respect to the Squares.
