170 Charging schemes: consultation and inquiries.E+W
[F1(1A)Where the charging authority or any of the charging authorities are—
(a)a local traffic authority for an area in England, or
(b)an Integrated Transport Authority [F2, a combined authority or a combined county authority],
that authority or those authorities (acting alone or jointly) must consult such local persons, and such representatives of local persons, as they consider appropriate about the charging scheme.
(1B)In subsection (1A)—
“local persons” means any persons who are likely to be affected by, or interested in, the making of the scheme;
“representatives” means any persons who appear to the charging authority or charging authorities to be representative of local persons.
(1C)In any other case, the charging authority or the charging authorities (acting jointly) may, at any time before an order making, varying or revoking a charging scheme under this Part is made, consult such persons as they consider appropriate about the charging scheme, variation or revocation.]
(2)The charging authority or the charging authorities (acting jointly)—
(a)may cause an inquiry to be held in relation to a charging scheme under this Part, or the variation or revocation of such a scheme, and
(b)may appoint the person or persons by whom such an inquiry is to be held.
(3)[F3The Welsh Ministers] may at any time—
(a)before an order making or varying a charging scheme under this Part [F4which relates wholly or partly to Wales] (other than a trunk road charging scheme) is made, or
(b)(where such an order has to be confirmed) before it is confirmed,
consult other persons, or require the charging authority or authorities to consult other persons, about the charging scheme or variation.
(4)[F5The Welsh Ministers] —
(a)may cause an inquiry to be held in relation to a charging scheme under this Part [F6which relates wholly or partly to Wales] (other than a trunk road charging scheme) or the variation of such a scheme, and
(b)may appoint the person or persons by whom such an inquiry is to be held.
(5)In the case of a joint local-London charging scheme [F7or joint ITA-London charging scheme] —
(a)the Greater London Authority may, at any time before an order making, varying or revoking the charging scheme is confirmed by that Authority, consult other persons, or require the charging authorities to consult other persons, about the charging scheme, variation or revocation, F8...
F8(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)Subsections (2) and (3) of section 250 of the M1Local Government Act 1972 (witnesses at local inquiries) apply in relation to any inquiry held by virtue of this section.
(7)Where an inquiry is held by virtue of this section in relation to a charging scheme, or the variation or revocation of such a scheme, the costs of the inquiry shall be paid—
(a)in the case of a trunk road charging scheme made by virtue of section 167(2)(b) [F9or (3)(c)], by the local traffic authority [F10, Integrated Transport Authority [F11, combined authority or combined county authority]] which requested the making of the scheme (or Transport for London, if it did), and
(b)in any other case, by the charging authority or authorities;
and the parties at the inquiry shall bear their own costs.
Textual Amendments
F1S. 170(1A)-(1C) substituted for s. 170(1) (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 111(2), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 6); S.I. 2009/579, art. 2(l)
F2Words in s. 170(1A)(b) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 143(2) (with s. 247)
F3Words in s. 170(3) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 111(3)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 6); S.I. 2009/579, art. 2(l)
F4Words in s. 170(3)(a) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 111(3)(b), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 6); S.I. 2009/579, art. 2(l)
F5Words in s. 170(4) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 111(4)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 6); S.I. 2009/579, art. 2(l)
F6Words in s. 170(4)(a) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 111(4)(b), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 6); S.I. 2009/579, art. 2(l)
F7Words in s. 170(5) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 6(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)
F8S. 170(5)(b) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 111(5)(b), 134(4), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 6); S.I. 2009/579, art. 2(l)
F9Words in s. 170(7)(a) inserted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 22(3), 30(2)(f)
F10Words in s. 170(7)(a) substituted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 110(3); S.I. 2009/3318, art. 2(c)
F11Words in s. 170(7)(a) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 143(3) (with s. 247)
Commencement Information
I1S. 170 partly in force; s. 170 not in force at Royal Assent see s. 275(1)(2); s. 170 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. 170 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 14
Marginal Citations