Part III Road user charging and workplace parking levy
Chapter I Road user charging
Making of charging schemes
I1168 Charging schemes to be made by order.
1
A charging scheme under this Part is made by order of the charging authority or of the charging authorities (acting jointly).
2
The charging authority or the charging authorities (acting jointly) may by order vary a charging scheme under this Part and the charging authority or any of the charging authorities may by order revoke such a scheme; but where a trunk road charging scheme is made at the request of a local traffic authority F1, an Integrated Transport Authority or Transport for London, it shall not be varied or revoked unless the local traffic authority F2or the Integrated Transport Authority , or Transport for London, have been consulted about its variation or revocation.
3
The appropriate national authority may make regulations about orders making, varying or revoking charging schemes under this Part, including (in particular)—
a
provision specifying the form of orders,
b
provision about the publication of proposals for orders making or varying such charging schemes and the making and consideration of objections to such proposals, and
c
provision about the publication of notice of orders and of their effect.
4
Before making regulations under subsection (3) which relate to joint local-London charging schemes F3or joint ITA-London charging schemes the Secretary of State shall consult the Greater London Authority about the regulations so far as they so relate.
I2169 Confirmation of charging schemes.
1
A charging scheme under this Part F4which relates wholly or partly to Wales , other than a trunk road charging scheme, shall not come into force unless the order making it has been submitted to and confirmed by F5the appropriate national authorityF5the Welsh Ministers ; and a variation of such a charging scheme shall not take effect until the order making the variation has been so submitted and confirmed.
2
3
A joint local-London charging scheme F8or joint ITA-London charging scheme shall not come into force unless the order making it has been submitted to and confirmed by the Greater London Authority; and a variation or revocation of such a charging scheme shall not take effect until the order making the variation or revocation has been so submitted and confirmed.
4
Where confirmation of an order is required by this section, the order may be confirmed with or without modifications.
5
F7Where confirmation by both the Secretary of State and the Greater London Authority of an order making a joint local-London charging scheme, or a variation of such a charging scheme, is required by this section—
a
the order shall not be submitted to the Secretary of State until it has been confirmed by the Greater London Authority,
b
if the order has been confirmed by the Greater London Authority with modifications it is the modified order that must be submitted to the Secretary of State, and
c
the order may not be confirmed with modifications by the Secretary of State until the modifications have been confirmed by the Greater London Authority.
I3170 Charging schemes: consultation and inquiries.
1
F9The charging authority or the charging authorities (acting jointly) may at any time before an order making, varying or revoking a charging scheme under this Part is made, consult other persons about the charging scheme, variation or revocation.
F91A
Where the charging authority or any of the charging authorities are—
a
a local traffic authority for an area in England, or
b
an Integrated Transport Authority,
that authority or those authorities (acting alone or jointly) must consult such local persons, and such representatives of local persons, as they consider appropriate about the charging scheme.
1B
In subsection (1A)—
“local persons” means any persons who are likely to be affected by, or interested in, the making of the scheme;
“representatives” means any persons who appear to the charging authority or charging authorities to be representative of local persons.
1C
In any other case, the charging authority or the charging authorities (acting jointly) may, at any time before an order making, varying or revoking a charging scheme under this Part is made, consult such persons as they consider appropriate about the charging scheme, variation or revocation.
2
The charging authority or the charging authorities (acting jointly)—
a
may cause an inquiry to be held in relation to a charging scheme under this Part, or the variation or revocation of such a scheme, and
b
may appoint the person or persons by whom such an inquiry is to be held.
3
a
before an order making or varying a charging scheme under this Part F11which relates wholly or partly to Wales (other than a trunk road charging scheme) is made, or
b
(where such an order has to be confirmed) before it is confirmed,
consult other persons, or require the charging authority or authorities to consult other persons, about the charging scheme or variation.
4
a
may cause an inquiry to be held in relation to a charging scheme under this Part F13which relates wholly or partly to Wales (other than a trunk road charging scheme) or the variation of such a scheme, and
b
may appoint the person or persons by whom such an inquiry is to be held.
5
In the case of a joint local-London charging scheme F14or joint ITA-London charging scheme —
a
the Greater London Authority may, at any time before an order making, varying or revoking the charging scheme is confirmed by that Authority, consult other persons, or require the charging authorities to consult other persons, about the charging scheme, variation or revocation, F15and
b
F15the Secretary of State shall not cause an inquiry to be held in relation to the charging scheme, or the variation of the charging scheme, or appoint the person or persons by whom such an inquiry is to be held, without the consent of the Greater London Authority.
6
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 this section.
7
Where an inquiry is held by virtue of this section in relation to a charging scheme, or the variation or revocation of such a scheme, the costs of the inquiry shall be paid—
a
in the case of a trunk road charging scheme made by virtue of section 167(2)(b), by the local traffic authority F16or Integrated Transport Authority which requested the making of the scheme (or Transport for London, if it did), and
b
in any other case, by the charging authority or authorities;
and the parties at the inquiry shall bear their own costs.