Part III Road user charging and workplace parking levy

C2Chapter III General and supplementary

Annotations:
Modifications etc. (not altering text)

I1191 Financial provisions about schemes.

Schedule 12 contains financial provisions about charging schemes and licensing schemes.

Annotations:
Commencement Information
I1

S. 191 partly in force; s. 191 not in force at Royal Assent see s. 275(1)(2); s. 191 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)

I2192 Powers of authorities.

The charging authority or licensing authority, or any of the charging authorities or licensing authorities, in relation to a charging scheme or licensing scheme under this Part may—

a

incur expenditure in or in connection with the establishment or operation of the charging scheme or licensing scheme, or

b

enter into arrangements (including arrangements for forming or participating in companies) with any person in respect of the operation of the charging scheme or licensing scheme or relating to the installation or operation of any equipment used for or in connection with the operation of the charging scheme or licensing scheme.

I3193 Guidance.

1

The appropriate national authority may issue guidance to non-metropolitan local traffic authoritiesF10, Integrated Transport AuthoritiesF17, combined authoritiesF22, combined county authorities and London traffic authorities in relation to the discharge of their functions with respect to charging schemes and licensing schemes under this Part; and such authorities shall, in exercising those functions, have regard to any such guidance.

2

Before issuing guidance under this section which relates to joint local-London charging schemesF11, joint ITA-London charging schemes or joint local-London licensing schemes the Secretary of State shall consult the Greater London Authority about the guidance so far as it so relates.

3

Guidance issued under this section shall be published in such manner as the appropriate national authority by which it is issued considers appropriate; and the appropriate national authority may at any time vary or revoke guidance issued by it under this section.

I4194 Information.

1

Information obtained by—

a

any Minister of the Crown or government department,

b

the National Assembly for Wales, or

c

any local authority or other statutory body,

may be disclosed to F6a traffic authority or Integrated Transport AuthorityF18, Integrated Transport Authority F23, combined authority or combined county authority for or in connection with the performance or proposed performance of any of their functions under this Part or with respect to a relevant scheme or proposed relevant scheme.

F72

Information obtained by a traffic authority or Integrated Transport AuthorityF19, Integrated Transport Authority F24, combined authority or combined county authority for or in connection with any of their functions other than functions under this Part may be used by them for or in connection with the performance or proposed performance of any of their functions under this Part or with respect to a relevant scheme or proposed relevant scheme.

3

Any information—

a

which has been or could be disclosed to an authority under subsection (1) for or in connection with the exercise of any of their functions with respect to F8a charging scheme or licensing scheme, or

b

which has been or could be used by an authority by virtue of subsection (2) for or in connection with the exercise of any of those functions,

may be disclosed to any person with whom the authority has entered into arrangements under section 192(b).

4

Information disclosed to a person under subsection (3)—

a

may be disclosed to any other person for or in connection with the charging scheme or licensing scheme, but

b

may not be used (by him or any other person to whom it is disclosed under paragraph (a)) otherwise than for or in connection with the charging scheme or licensing scheme.

F95

The Secretary of State or the Welsh Ministers may charge a reasonable fee in respect of the cost of supplying information under subsection (1) or (3).

6

Where a traffic authority or Integrated Transport AuthorityF20, Integrated Transport Authority F25, combined authority or combined county authority asks the Secretary of State to obtain overseas registration information from an overseas registration authority with a view to the Secretary of State disclosing that information under subsection (1) or (3), the Secretary of State may charge a reasonable fee in respect of the cost of obtaining, or seeking to obtain, the information.

7

In this section—

  • overseas registration authority” means any authority of a country or territory outside the United Kingdom with responsibility under the law of that country or territory for maintaining a register of vehicles;

  • overseas registration information” means information derived from particulars contained in a register of vehicles that is maintained by an overseas registration authority;

  • relevant scheme” means a charging scheme or licensing scheme under this Part.

I5195 Determination of disputes, appeals and evidence.

1

The Lord Chancellor may by regulations make provision for or in connection with—

a

appeals against decisions relating to licences under licensing schemes under this Part or any failure to make such a decision,

b

the determination of disputes relating to charging schemes or licensing schemes under this Part,

c

appeals against such determinations or any failure to make such a determination, and

d

the appointment of persons to hear any such appeals.

2

The Lord Chancellor may by regulations make provision for or in connection with permitting evidence of a fact relevant to proceedings for an offence under this Part, or proceedings in respect of a failure to comply with the provisions of a charging scheme or licensing scheme under this Part, to be given by the production of—

a

a record produced by a device specified in, or determined in accordance with, the regulations, and

b

a certificate (whether in the same or another document) as to the circumstances in which the record was produced signed by a person so specified or determined.

I6196 Crown application.

1

Chapter I applies in relation to Crown roads (within the meaning of section 131 of the M1Road Traffic Regulation Act 1984) as in relation to other roads.

2

The provisions of this Part and of regulations and schemes under it bind the Crown.

3

No contravention by the Crown of any of those provisions makes the Crown criminally liable; but—

a

the High Court may, on the application of a charging authority, declare unlawful any act or omission of the Crown which constitutes such a contravention, and

b

(subject to subsection (4)) those provisions apply to motor vehicles or persons in the public service of the Crown as they apply to other motor vehicles or persons.

4

No power of entry conferred by—

a

regulations made under section 174(2), or

b

section 190(1) or (2),

is exercisable in relation to any motor vehicle in the public service of the Crown or any premises held or used by or on behalf of the Crown.

5

Nothing in this section affects Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the M2Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.

I7197 Part III: regulations and orders.

1

Any power to make regulations under this Part—

a

is exercisable by statutory instrument,

b

includes power to make different provision for different cases, and

c

may be exercised so as to make incidental, consequential, supplementary or transitional provision or savings.

2

The power to make an order making, varying or revoking a trunk road charging scheme is exercisable by statutory instrument.

3

Regulations under paragraph F13... F1513(5) of Schedule 12 shall not be made without the consent of the Treasury.

4

Regulations shall not be made by the Secretary of State under—

a

section 182(5), or

b

paragraph F14... F1613(5) of Schedule 12,

unless a draft of the regulations has been laid before, and approved by a resolution of, the House of Commons.

5

A statutory instrument containing regulations made by the Secretary of State or the Lord Chancellor under any other provision of this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.

6

The references in subsections (4) and (5) to regulations made by the Secretary of State include regulations made by him jointly with the F28Welsh Ministers.

F277

Regulations shall not be made by the Welsh Ministers under—

a

section 182(5), or

b

paragraph 15(4) of Schedule 12,

unless a draft of the regulations has been laid before, and approved by a resolution of, Senedd Cymru.

8

A statutory instrument containing regulations made by the Welsh Ministers under any other provision of this Part shall be subject to annulment in pursuance of a resolution of Senedd Cymru.

9

The references in subsections (7) and (8) to regulations made by the Welsh Ministers include regulations made by them jointly with the Secretary of State.

I8C1198 Interpretation of Part III.

1

In this Part—

  • the appropriate national authority” means—

    1. a

      the Secretary of State in relation to charging schemes and licensing schemes relating only to England,

    2. b

      the National Assembly for Wales in relation to charging schemes and licensing relating only to Wales, and

    3. c

      the Secretary of State and the National Assembly for Wales, acting jointly, in relation to charging schemes and licensing schemes relating to both England and Wales,

  • bridge” means a bridge or viaduct and includes the abutments of a bridge,

  • charging authority” and “charging authorities” have the meanings given by section 163(5),

  • charging scheme” has the meaning given by section 163(1),

  • charging scheme penalty charges” shall be construed in accordance with section 173(1),

  • F21combined authority” has the meaning given by section 163(5A),

  • F26combined county authority” has the meaning given by section 163 (5B);

  • F12eligible local traffic authority” has the meaning given by section 163(4A),

  • exempt vehicle”, in relation to a licensing scheme, means a motor vehicle exempt from licensing under the scheme by virtue of regulations under subsection (1) of section 187 or provision included in the scheme by virtue of subsection (2) of that section,

  • financial year” means a period of twelve months ending with 31st March,

  • joint local charging scheme” shall be construed in accordance with section 163(3)(b),

  • F12joint local-ITA charging scheme” shall be construed in accordance with section 163(3)(bb),

  • F12joint ITA-London charging scheme” shall be construed in accordance with section 163(3)(cc),

  • joint local licensing scheme” shall be construed in accordance with section 178(5)(b),

  • joint local-London charging scheme” shall be construed in accordance with section 163(3)(c),

  • joint local-London licensing scheme” shall be construed in accordance with section 178(5)(c),

  • licence” shall be construed in accordance with section 178(3),

  • licensed unit” has the meaning given by section 178(4),

  • licensing area” shall be construed in accordance with section 186(1)(a),

  • licensing authority” and “licensing authorities” have the meanings given by section 178(6),

  • licensing scheme” has the meaning given by section 178(1),

  • licensing scheme penalty charges” shall be construed in accordance with section 189(1),

  • local charging scheme” shall be construed in accordance with section 163(3)(a),

  • local licensing scheme” shall be construed in accordance with section 178(5)(a),

  • local traffic authority” has the same meaning as in the M3Road Traffic Regulation Act 1984,

  • F2local transport policies” has the meaning given in section 108(5),

  • London traffic authority” means Transport for London, a London borough council or the Common Council of the City of London,

  • motor vehicle” has the meaning given in section 185(1) of the M4Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) shall apply as it applies for the purposes of the Road Traffic Acts,

  • non-metropolitan local traffic authority” shall be construed in accordance with section 163(4),

  • operation” includes enforcement (related expressions being construed accordingly),

  • registered keeper”, in relation to a charge imposed in respect of motor vehicle, means the person in whose name the vehicle was registered under the M5Vehicle Excise and Registration Act 1994 at the time of the act, omission, event or circumstances in respect of which the charge is imposed,

  • road” has the same meaning as in the M6Road Traffic Regulation Act 1984,

  • trunk road charging scheme” shall be construed in accordance with section 163(3)(d), and

  • workplace parking place” shall be construed in accordance with section 182.

2

Any reference in this Part to an authority’s F3local transport policies shall, where the authority is the council of a metropolitan district, be construed as a reference to F4the local transport policies ofF1the Integrated Transport Authority for the integrated transport area in which the district is included F5....

3

Any reference in this Part 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, in regulations made by the appropriate national authority.

I9199 Amendments of Greater London Authority Act.

Schedule 13 contains amendments of Schedules 23 and 24 to the M7Greater London Authority Act 1999 in consequence of the provisions of this Part and minor amendments of those Schedules.

I10200 Exemption from local non-domestic rating.

In Schedule 5 to the M8Local Government Finance Act 1988 (local non-domestic rating: exemptions), after paragraph 18A insert—

18B Property used for road user charging schemes

1

A hereditament which is occupied (as mentioned in section 65 of this Act) is exempt to the extent that—

a

it consists of a road in respect of which charges are imposed by a charging scheme under Schedule 23 to the M9Greater London Authority Act 1999 or Part III of the Transport Act 2000, or

b

it is used solely for or in connection with the operation of such a scheme.

2

But office buildings are not exempt under sub-paragraph (1)(b) above.