4(1)Any charging scheme must be contained in an order—E+W+S
(a)made under this Schedule by the authority making the scheme; and
(b)submitted to, and confirmed (with or without modification) by, the Authority.
(2)An order containing a charging scheme shall be in such form as the Authority may determine.
(3)The Authority may—
(a)consult, or require an authority making a charging scheme to consult, other persons;
[F1(aa)require such an authority to publish its proposals for the scheme and to consider objections to the proposals;]
(b)hold an inquiry, or cause an inquiry to be held, for the purposes of any order containing a charging scheme;
(c)appoint the person or persons by whom any such inquiry is to be held;
(d)make modifications to any such order, whether in consequence of any objections or otherwise, before the order takes effect;
[F2(da)require the authority by whom any such order is made to publish notice of the order and of its effect;]
[F3(e)require any such order to include such exemptions for such purposes as the Authority may determine;]
(f)require the authority by whom any such order is made to place and maintain, or cause to be placed and maintained, such traffic signs in connection with that order as the Authority may determine.
[F4(4)Subsections (2) and (3) of section 250 of the M1Local Government Act 1972 (witnesses at local inquiries) apply in relation to any inquiry held by virtue of sub-paragraph (3)(b) above.
(5)Where an inquiry is held by virtue of sub-paragraph (3)(b) above for the purposes of any order containing a charging scheme—
(a)the costs of the inquiry shall be paid by the charging authority; and
(b)the parties at the inquiry shall bear their own costs.
(6)The charging authority may enter any land, and exercise any other powers which may be necessary, for placing and maintaining, or causing to be placed and maintained, traffic signs in connection with the charging scheme.]
Textual Amendments
F1Sch. 23 para. 4(3)(aa) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 3(1)(2) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F2Sch. 23 para. 4(3)(da) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 3(1)(3) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F3Sch. 23 para. 4(3)(e) repealed (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 274, 275(1), Sch. 13 para. 3(1)(4), Sch. 31 Pt. III (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F4Sch. 23 para. 4(4)-(6) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 3(1)(5) (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. 4 wholly in force at 3.7.2000; Sch. 23 para. 4 not in force at Royal Assent see s. 425(2); Sch. 23 para. 4 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
Marginal Citations