24(1)Where a statement has been prepared and [F1(where so required)] approved under paragraph 20 or 22 above, the authority which prepared the statement may—E+W+S
(a)amend the statement, or
(b)replace it with another statement (a “replacement statement”),
but subject to the following provisions of this paragraph.
(2)Subject to the following provisions of this paragraph, where a charging scheme is in force—
(a)the charging authority may prepare a statement such as is described in paragraph 20(1) above, and
(b)if the charging scheme is one to which paragraph 21 above applies, the Authority may prepare a statement such as is described in paragraph 22(2) above,
at any time before the beginning of the first financial year for which a statement under paragraph 20 or, as the case may be, paragraph 22 above is required to be prepared in respect of the scheme.
(3)For the purposes of this paragraph—
(a)a “voluntary statement” is a statement prepared under sub-paragraph (2)(a) or (b) above,
(b)a statement prepared under sub-paragraph (2)(a) above shall be treated as a statement prepared under paragraph 20 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph, and
(c)a statement prepared under sub-paragraph (2)(b) above shall be treated as a statement prepared under paragraph 22 above F2...,
and references to statements under paragraph 20 or 22 above shall be construed accordingly.
(4)The power conferred by sub-paragraph (1)(b) or (2) above is exercisable—
(a)in the case of a statement under paragraph 20 above in respect of a borough scheme, during the period of six months beginning with the day on which a change of control of the London borough council concerned occurs; or
(b)in any other case, during the period of six months beginning with the term of office of any person returned as the Mayor at an ordinary election or at an election under section 16 of this Act.
(5)Where, in exercise of the powers conferred by this paragraph, an authority proposes—
(a)to amend or replace a statement prepared and [F3(where so required)] approved under paragraph 20 or 22 above, or
(b)to prepare a voluntary statement,
sub-paragraph (6) below applies.
(6)Where this sub-paragraph applies, the amendment, replacement statement or voluntary statement must be submitted for approval—
F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)if the statement concerned or affected is one prepared in respect of a borough scheme by the charging authority, to the Authority.
F5(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)Where a statement prepared and [F6(where so required)] approved under paragraph 20 or 22 above is amended in accordance with this paragraph, the statement shall continue to be regarded for the purposes of this Schedule as a statement so prepared and [F6(where so required)] approved, notwithstanding the amendment.
(9)A replacement statement or a voluntary statement must relate to the four financial years beginning with the financial year in which it takes effect (disregarding so much of that year as has expired before the statement takes effect).
(10)A replacement statement or voluntary statement prepared and [F7(where so required)] approved under this paragraph shall be taken for the purposes of this Schedule to be a statement F8...—
(a)[F9prepared and approved] under paragraph 20 above, if it was prepared in respect of a charging scheme by the charging authority; or
(b)[F10prepared] under paragraph 22 above, if it was prepared by the Authority.
(11)Where a voluntary statement or replacement statement prepared by an authority takes effect, the time at which any subsequent statement is required to be prepared by that authority by virtue of paragraph 20 or 22 above in respect of the charging scheme in question shall be determined as if the financial year preceding that in which the replacement statement or voluntary statement takes effect had been such a fourth year as is mentioned in sub-paragraph (1) of that paragraph.
Textual Amendments
F1Words in Sch. 23 para. 24(1) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(7)(a), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F2Words in Sch. 23 para. 24(3)(c) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(7)(b), 134(4), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F3Words in Sch. 23 para. 24(5)(a) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(7)(c), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F4Sch. 23 para. 24(6)(a) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(7)(d), 134(4), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F5Sch. 23 para. 24(7) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(7)(d), 134(4), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F6Words in Sch. 23 para. 24(8) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(7)(e), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F7Words in Sch. 23 para. 24(10) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(7)(f)(i), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F8Words in Sch. 23 para. 24(10) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(7)(f)(ii), 134(4), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F9Words in Sch. 23 para. 24(10)(a) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(7)(f)(iii), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F10Word in Sch. 23 para. 24(10)(b) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(7)(f)(iv), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
Modifications etc. (not altering text)
C1Sch. 23 para. 24: power to apply (with modifications) conferred (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 191, 275(1), Sch. 12 para. 12(2)(a) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I1Sch. 23 para. 24 wholly in force at 3.7.2000; Sch. 23 para. 24 not in force at Royal Assent see s. 425(2); Sch. 23 para. 24 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3