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[F115(1)In the case of a trunk road charging scheme—W
(a)which is made by virtue of subsection (3) of section 167, and
(b)which is not made (either wholly or partly) for the purpose of reducing or limiting air pollution,
the Welsh Ministers’ share of the net proceeds of the scheme is available only for application for the purpose of directly or indirectly facilitating the achievement of any policies or proposals relating to transport.
(2)Where the scheme is made by virtue of paragraph (a) of subsection (3) of section 167, sub-paragraph (1) applies only during the period of ten years beginning with the coming into force of the scheme.
(3)The Welsh Ministers may by regulations make provision as to circumstances in which—
(a)the same scheme is to be regarded as continuing in force in spite of a variation of the scheme or the revocation and replacement (with or without modifications) of the scheme, or
(b)a different scheme is, or is not, to be regarded as coming into force,
for the purposes of determining when the period specified in sub-paragraph (2) begins or expires in the case of a scheme.
(4)Where sub-paragraph (1) no longer applies to a scheme made by virtue of paragraph (a) of subsection (3) of section 167, the Welsh Ministers’ share of the net proceeds of the scheme is available to be applied only as may be specified in, or determined in accordance with, regulations made by the Welsh Ministers.
(5)The provision that may be made by regulations under sub-paragraph (4) includes provision for sub-paragraph (2) to apply with the substitution for the number of years for the time being mentioned in it of a number of years greater than ten.]
Textual Amendments
F1Sch. 12 paras. 14, 15 and cross-heading inserted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(2)(f), Sch. 2 para. 6
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