SCHEDULES

SCHEDULE 23 Road user charging

Interpretation

1

(1)

In this Schedule—

“borough scheme” means any charging scheme other than a TfL scheme;

“charging area” means an area to which a charging scheme applies;

“charging authority” means an authority which is the maker of a charging scheme;

“charging scheme” means a scheme for imposing charges in respect of the keeping or use of motor vehicles on roads in an area designated in the scheme;

“GLA road” includes a reference to a GLA side road;

“highway authority” has the same meaning as in the M1Highways Act 1980 (see in particular sections 1 to 9 of that Act);

“immobilisation device” has the same meaning as in section 104(9) of the M2Road Traffic Regulation Act 1984;

“motor vehicle” shall be construed in accordance with subsection (3) of section 295 of this Act;

“net proceeds”, in relation to a charging scheme F1and a financial year, means the amount (if any) by which—

(a)

the amounts received under or in connection with the scheme which are attributable to the financial year, exceed

(b)

the expenses incurred for or in connection with the scheme which are so attributable;

“penalty charge” has the same meaning as in paragraph 12 below;

“penalty charge notice” means notice of a penalty charge;

“prescribed” means specified in, or determined in accordance with, regulations;

F2“registered keeper”, in relation to a charge imposed in respect of a motor vehicle, means the person in whose name the vehicle was registered under the M3Vehicle Excise and Registration Act 1994 at the time of the act, omission, event or circumstances in respect of which the charge is imposed;

“regulations” means F3(except where otherwise provided)regulations made by the Secretary of State;

“relevant transport purpose” means any purpose which directly or indirectly facilitates the implementation of any policies or proposals set out in the Mayor’s transport strategy;

“redistributed portion”, in relation to the net proceeds of a charging scheme, shall be construed in accordance with paragraph 21(1) below;

“road” has the same meaning as in the M4Road Traffic Regulation Act 1984 (see section 142(1) of that Act);

“share of the net proceeds”, in relation to a charging authority and a charging scheme, shall be construed in accordance with paragraph 18(2) below;

“TfL scheme” means a charging scheme made by Transport for London;

“traffic authority” has the same meaning as in the M5Road Traffic Regulation Act 1984 (see sections 121A and 142(1) of that Act);

“traffic sign” has the F4meaning given by section 64 of the Road Traffic Regulation Act 1984 but also includes signposts and other signs and notices included in that term by section 71(2) of that Act;

“trunk road” has the same meaning as in the M6Road Traffic Regulation Act 1984 (see section 142(1) of that Act).

F5(2)

For the purposes of this Schedule—

(a)

the amounts received under or in connection with a charging scheme, and

(b)

the expenses incurred for or in connection with such a scheme,

and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations under this sub-paragraph.

(3)

Any reference in this Schedule to a class of motor vehicles is a reference to a class defined or described by reference to any characteristics of the motor vehicles or to any other circumstances whatsoever.

(4)

For the purposes of this Schedule—

(a)

the City of London shall be treated as if it were a London borough;

(b)

the Common Council shall be treated as if it were the council for a London borough; and

(c)

the Inner Temple and the Middle Temple shall be treated as forming part of the City.