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SCHEDULES

SCHEDULE 1LEVEL OF TOLLS

PART 1LEVEL OF TOLLS

Tolls

1.—(1) The maximum tolls that MSCC may demand and take in respect of passing over the Rixton and Warburton Bridge are £1.00 as may be adjusted in accordance with sub-paragraphs (2) and (5).

(2) MSCC may make an adjustment in April of any year in the amount of tolls specified in sub-paragraph (1), as may be revised under sub-paragraph (5), and any such adjustment will be no more than the percentage difference between the consumer price index for February of that year and the consumer price index for the month of February immediately preceding the making of this Order and then subtracting one per cent.

(3) References in sub-paragraph (2) to the consumer price index are to the monthly United Kingdom index of Consumer Prices (for all items) published by the Office for National Statistics (or such other measure of consumer price inflation which replaces it).

(4) If that index is not published for any month, those references are to any other index, or substitute for that index, for that month published by that office for that month.

(5) The amount of toll specified in sub-paragraph (1), as may be adjusted in accordance with sub-paragraph (2), will be revised by the amount of any changes to the VAT.

(6) MSCC may only charge the toll under sub-paragraph (1) up to a maximum of two crossings over the Rixton and Warburton Bridge per day.

(7) In this article, “VAT” means Value Added Tax or any other tax replacing that tax.

2.—(1) Subject to article 8(7) (tolls) and sub-paragraphs (2) and (3) MSCC at any time by resolution may determine—

(a)the amount of any tolls under paragraph 1, provided it does not exceed the maximum amount set out in that paragraph; or

(b)different level of tolls for different classes of vehicles provided it does not exceed the maximum amount set out in paragraph 1; or

(c)the classification of vehicles or classes of vehicles in respect of which tolls may be charged in accordance with paragraph 1.

(2) Whenever MSCC proposes to exercise its power in accordance with sub-paragraph (1) MSCC must publish in at least one local newspaper circulating in the area in which the Rixton and Warburton Bridge is situated, a notice substantially in the form set out in Part 2 of this Schedule.

(3) MSCC may charge the tolls set out in a notice given under sub-paragraph (2) from the day 28 days after that on which the notice referred to in sub-paragraph (2) is published.

(4) The toll in respect of any vehicle or class of vehicles may not be varied pursuant to this paragraph if less than 12 months have passed following the previous exercise by MSCC of its powers under this paragraph.

3.—(1) Whenever MSCC proposes to revise the toll that applies in respect of any vehicle or class of vehicles pursuant to paragraph 2 MSCC must publish a notice substantially in the form set out in Part 2 of this Schedule—

(a)in at least one local newspaper circulating in the area in which the Rixton and Warburton Bridge is situated; and

(b)send an electronic transmission to the person registered to any Account.

(2) MSCC may charge the tolls set out in a notice given under sub-paragraph (1) from the day 28 days after that on which the notice referred to in sub-paragraph (1) is published.