Part III Road user charging and workplace parking levy

C4Chapter II Workplace parking levy

Annotations:
Modifications etc. (not altering text)

Licensing schemes

I1178 Preliminary.

1

In this Part “licensing scheme” means a scheme for imposing charges in respect of the provision of workplace parking places at premises in the area covered by the scheme to be paid on licences covering the provision of a maximum number of such parking places at the premises.

2

Charges imposed in respect of any premises by a licensing scheme under this Part shall be paid—

a

by the occupier of the premises, or

b

in circumstances specified in regulations made by the appropriate national authority, by such person as is so specified.

3

In this Part “licence” means a licence under a licensing scheme under this Part.

4

A licence relating to premises must cover the provision at the premises of the number of workplace parking places requested by the applicant for the licence; and in this Part “licensed unit”, in relation to a licence relating to premises, means each unit comprised in the maximum number of workplace parking places which may be provided at the premises under the cover of the licence.

5

A licensing scheme may be made—

a

by a non-metropolitan local traffic authority (“a local licensing scheme”),

b

jointly by more than one non-metropolitan local traffic authority (“a joint local licensing scheme”), or

c

jointly by one or more non-metropolitan local traffic authorities and one or more London traffic authorities (“a joint local-London licensing scheme”).

6

In this Part—

a

“the licensing authority”, in relation to a licensing scheme under this Part made or proposed to be made by one authority, means the authority by which the licensing scheme is or is proposed to be made, and

b

“the licensing authorities”, in relation to a licensing scheme under this Part made or proposed to be made jointly by more than one authority, means the authorities by which the licensing scheme is or is proposed to be made.

7

The power to make joint local-London licensing schemes conferred by this Part does not limit any of the powers in Schedule 24 to the M1Greater London Authority Act 1999 (workplace parking levy in Greater London).

I2C1179 Local licensing schemes.

1

A local licensing scheme may cover the whole or any part of the area of the licensing authority.

2

A local licensing scheme may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of F1local transport policies of the licensing authority.

I3C2180 Joint local licensing schemes.

1

A joint local licensing scheme may cover the whole or any part of the combined area of the licensing authorities.

2

A joint local licensing scheme may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of F2local transport policies of the licensing authorities.

I4C3181 Joint local-London licensing schemes.

1

A joint local-London licensing scheme may cover—

a

the whole or any part of the area of the non-metropolitan local traffic authority, or combined area of the non-metropolitan local traffic authorities, by which it is made, and

b

the whole or any part of any area to which a scheme under Schedule 24 to the M2Greater London Authority Act 1999 made by the London traffic authority, or any of the London traffic authorities, by which it is made could apply.

2

A joint local-London licensing scheme may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of—

a

F3local transport policies of the non-metropolitan local traffic authority, or F4... the non-metropolitan local traffic authorities, by which it is made, and

b

policies and proposals set out in the transport strategy prepared and published by the Mayor of London under section 142 of the M3Greater London Authority Act 1999.

I5182 Workplace parking places.

1

For the purposes of this Part a workplace parking place is provided at any premises at any time if a parking place provided at the premises is at that time occupied by a motor vehicle (other than an exempt vehicle) used—

a

by a relevant person,

b

by an employee, agent, supplier, business customer or business visitor of a relevant person,

c

by a pupil or student attending a course of education or training provided by a relevant person, or

d

where a body whose affairs are controlled by its members is a relevant person, by a member of the body engaged in the carrying on of any business of the body,

for attending a place at which the relevant person carries on business at or in the vicinity of the premises.

2

In this section “relevant person” means—

a

the person who provides the parking place in question (“the provider”),

b

any person with whom the provider has entered into arrangements to provide the parking place (whether or not for that person’s own use), or

c

any person who is associated with the provider or a person within paragraph (b).

3

For the purposes of subsection (2)(c) any two persons are associated if and only if—

a

one is a company of which the other (directly or indirectly) has control, or

b

both are companies of which a third person (directly or indirectly) has control.

4

For the purposes of this section—

  • “business” includes—

    1. a

      any trade, profession, vocation or undertaking,

    2. b

      the functions of any office holder,

    3. c

      the provision of any course of education or training, and

    4. d

      the functions of, or any activities carried on by, a government department or a local authority or other statutory body,

  • “business customer”, in relation to a relevant person, means a client or customer of the relevant person who is attending at any premises occupied by the relevant person for the purposes of a business carried on by that client or customer,

  • “business visitor”, in relation to a relevant person, means an individual who—

    1. a

      in the course of his employment, or

    2. b

      in the course of carrying on a business or for the purposes of a business carried on by him,

    is visiting the relevant person or any premises occupied by the relevant person,

  • “employee” means a person employed under a contract of service or apprenticeship, whether express or implied, and (if express) whether oral or in writing, and

  • “supplier”, in relation to a relevant person, means—

    1. a

      a person supplying, or seeking to supply, goods or services to the relevant person for the purposes of a business carried on by the relevant person, or

    2. b

      any agent or sub-contractor of such a person.

5

The appropriate national authority may make regulations amending the preceding provisions of this section for the purpose of adding, removing or varying cases where, for the purposes of this Part, a workplace parking place is provided.