23(1)Except with the consent of the Secretary of State in any particular case, none of the charging authority’s share of the net proceeds of a charging scheme may be applied in any financial year beginning after the end of the opening four year period unless and until a statement under paragraph 20 above having effect in relation to a period in which that year falls has been prepared and [F1(where so required)] approved under that paragraph.E+W+S
(2)Except with the consent of the Secretary of State in any particular case, none of the redistributed portion of the net proceeds of a charging scheme may be applied in any financial year beginning after the end of the opening four year period unless and until a statement under paragraph 22 above having effect in relation to a period in which that year falls has been prepared F2... under that paragraph in relation to the scheme.
(3)In this paragraph, “the opening four year period”, in relation to any charging scheme, means the period which—
(a)begins with the date on which the scheme comes into force; and
(b)ends with the fourth financial year that commences on or after that date.
Textual Amendments
F1Words in Sch. 23 para. 23(1) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(6)(a), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F2Words in Sch. 23 para. 23(2) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(6)(b), 134(4), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
Modifications etc. (not altering text)
C1Sch. 23 para. 23: 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. 23 wholly in force at 3.7.2000; Sch. 23 para. 23 not in force at Royal Assent see s. 425(2); Sch. 23 para. 23 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