Modifications etc. (not altering text)
C1Pt. 3 Chs. 2, 3: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 18
Schedule 12 contains financial provisions about charging schemes and licensing schemes.
Commencement Information
I1S. 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)
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.
Commencement Information
I2S. 192 wholly in force at 1.8.2001; s. 192 not in force at Royal Assent see s. 275(1)(2); s. 192 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; s. 192 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 17
(1)The appropriate national authority may issue guidance to non-metropolitan local traffic authorities[F1, Integrated Transport Authorities][F2, combined authorities] [F3, 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 schemes[F4, 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.
Textual Amendments
F1Words in s. 193(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 8(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)
F2Words in s. 193(1) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 112; S.I. 2009/3318, art. 2(c)
F3Words in s. 193(1) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 145 (with s. 247)
F4Words in s. 193(2) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 8(3); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)
Commencement Information
I3S. 193 wholly in force at 1.8.2001; s. 193 not in force at Royal Assent see s. 275(1)(2); s. 193 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); s. 193 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 17
(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 [F5a traffic authority or Integrated Transport Authority[F6, Integrated Transport Authority [F7, 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].
[F8(2)Information obtained by a traffic authority or Integrated Transport Authority[F9, Integrated Transport Authority [F10, 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 [F11a] 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.
[F12(5)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 Authority[F13, Integrated Transport Authority [F14, 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.]
Textual Amendments
F5Words in s. 194(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 118(2), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(s)
F6Words in s. 194(1) substituted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 113; S.I. 2009/3318, art. 2(c)
F7Words in s. 194(1) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 146 (with s. 247)
F8S. 194(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 118(3), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(s)
F9Words in s. 194(2) substituted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 113; S.I. 2009/3318, art. 2(c)
F10Words in s. 194(2) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 146 (with s. 247)
F11Word in s. 194(3) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 118(4), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(s)
F12S. 194(5)-(7) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 118(5), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(s)
F13Words in s. 194(6) substituted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 113; S.I. 2009/3318, art. 2(c)
F14Words in s. 194(6) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 146 (with s. 247)
Commencement Information
I4S. 194 wholly in force at 1.8.2001; s. 194 not in force at Royal Assent see s. 275(1)(2); s. 194 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); s. 194 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 17
(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.
Commencement Information
I5S. 195 wholly in force at 1.8.2001; s. 195 not in force at Royal Assent see s. 275(1)(2); s. 195 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); s. 195 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 17
(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.
Commencement Information
I6S. 196 wholly in force at 1.8.2001; s. 196 not in force at Royal Assent see s. 275(1)(2); s. 196 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); s. 196 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 17
Marginal Citations
(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 F15... [F1613(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 F17... [F1813(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 [F19Welsh Ministers].
[F20(7)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.]
Textual Amendments
F15Words in s. 197(3) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 8(2)(a), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
F16Word in s. 197(3) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 8(2)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
F17Words in s. 197(4)(b) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 8(2)(a), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
F18Word in s. 197(4)(b) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 8(2)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
F19Words in s. 197(6) substituted (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(2)(f), Sch. 2 para. 7(a)
F20S. 197(7)-(9) inserted (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(2)(f), Sch. 2 para. 7(b)
Commencement Information
I7S. 197 wholly in force at 1.8.2001; s. 197 not in force at Royal Assent see s. 275(1)(2); s. 197 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); s. 197 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 17
(1)In this Part—
“the appropriate national authority” means—
the Secretary of State in relation to charging schemes and licensing schemes relating only to England,
the National Assembly for Wales in relation to charging schemes and licensing relating only to Wales, and
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),
[F21“combined authority” has the meaning given by section 163(5A),]
[F22“combined county authority” has the meaning given by section 163 (5B);]
[F23“eligible 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),
[F23“joint local-ITA charging scheme” shall be construed in accordance with section 163(3)(bb),]
[F23“joint 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,
[F24“local 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 [F25local transport policies] shall, where the authority is the council of a metropolitan district, be construed as a reference to [F26the local transport policies of] [F27the Integrated Transport Authority for the integrated transport area] in which the district is included F28....
(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.
Textual Amendments
F21Words in s. 198(1) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 114; S.I. 2009/3318, art. 2(c)
F22Words in s. 198(1) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 147 (with s. 247)
F23Words in s. 198(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 9; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)
F24Words in s. 198(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 7(4), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(a)
F25Words in s. 198(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 12(6)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 3); S.I. 2009/579, art. 2(b)
F26Words in s. 198(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 12(6)(b), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 3); S.I. 2009/579, art. 2(b)
F27Words in s. 198(2) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 47; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F28Words in s. 198(2) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 12(6)(c), 134(4), Sch. 7 Pt. 1; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(b)
Modifications etc. (not altering text)
C2S. 198 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 16 (with art. 7(4))
Commencement Information
I8S. 198 wholly in force at 1.8.2001; s. 198 not in force at Royal Assent see s. 275(1)(2); s. 198 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); s. 198 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 17
Marginal Citations
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.
Commencement Information
I9S. 199 partly in force; s. 199 not in force at Royal Assent see s. 275(1)(2); s. 199 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)
Marginal Citations
In Schedule 5 to the M8Local Government Finance Act 1988 (local non-domestic rating: exemptions), after paragraph 18A insert—
“ Property used for road user charging schemes18B(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.”
Commencement Information
I10S. 200 wholly in force at 1.8.2001; s. 200 not in force at Royal Assent see s. 275(1)(2); s. 200 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); s. 200 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 17
Marginal Citations