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2(1)In this Schedule “net proceeds”, in relation to a relevant scheme and a financial year, means the amount (if any) by which—E+W
(a)the amounts received under or in connection with the scheme which are attributable to the financial year, exceed
(b)the expenses incurred for or in connection with the scheme which are so attributable.
(2)For the purposes of this Schedule—
(a)the amounts received under or in connection with a relevant scheme, and
(b)the expenses incurred for or in connection with a relevant scheme,
and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations made by the appropriate national authority.
(3)Regulations under sub-paragraph (2) may, in particular, provide that—
(a)any such costs of constructing, improving or maintaining roads in respect of which charges are imposed by trunk road charging schemes, and any such costs of managing traffic on those roads, as are specified by or determined in accordance with the regulations, or
(b)any such payments made for or in respect of the construction, improvement or maintenance of those roads, or the management of traffic on them, as are so specified or determined,
are to be regarded, to the extent so specified or determined, as expenses incurred for or in connection with the trunk road charging schemes.
(4)Where a trunk road charging scheme is made by virtue of section 167(2)(b) [F1or (3)(c)], the relevant authority and the local traffic authority[F2, Integrated Transport Authority [F3, combined authority or combined county authority]] which requested the making of the scheme (or Transport for London, if it did) may agree that—
(a)the expenses incurred for or in connection with the trunk road charging scheme shall be taken to include specified expenses incurred for or in connection with the charging scheme in connection with which the trunk road charging scheme was requested, and
(b)the expenses incurred for or in connection with that other charging scheme shall be taken to include specified expenses incurred for or in connection with the trunk road charging scheme.
Textual Amendments
F1Words in Sch. 12 para. 2(4) inserted (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(2)(f), Sch. 2 para. 2
F2Words in Sch. 12 para. 2(4) substituted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 115(2); S.I. 2009/3318, art. 2(c)
F3Words in Sch. 12 para. 2(4) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 148(2) (with s. 247)
Commencement Information
I1Sch. 12 para. 2 partly in force; Sch. 12 para. 2 not in force at Royal Assent see s. 275(1); Sch. 12 para. 2 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)
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