Legalize / United Kingdom / Public General Act

Greater London Authority Act 1999

Type Public General Act

Publication 1999-11-11

Last updated 2026-08-05

State In force

Department Statute Law Database

Source legislation.gov.uk

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(2) Any regulations prescribing a period for the purposes of a provision of that Act specified in paragraph (a) of sub-paragraph (3) of paragraph 8 above and in force immediately before the coming into force of that paragraph shall, until such time as a period is specified by London cab order for the purposes of that provision, continue in force and have effect as if the period so prescribed were the period specified for the purposes of that provision by London cab order.

SCHEDULE 21 — The Private Hire Vehicles (London) Act 1998

1

The Private Hire Vehicles (London) Act 1998 shall be amended as follows.

2

Except in sections 37, 38 and 40, for “Secretary of State”, wherever occurring, there shall be substituted “ licensing authority ”.

3

In section 3(3) (grant of London operator’s licences) for “he” there shall be substituted “ the authority ”.

4

In section 7(2) (grant of London PHV licences) for “he” there shall be substituted “ the authority ”.

5

In section 8(2) (presentation of vehicle for inspection and testing) for “he” there shall be substituted “ the authority ”.

6

In section 10(3) (exemption from exhibiting disc or plate) for “he” there shall be substituted “ the authority ”.

7

(1) Section 13 (London PHV driver’s licences) shall be amended as follows.

(2) In subsection (2) (grant of London PHV driver’s licence) for “he” there shall be substituted “ the authority ”.

(3) In subsection (3) (requirements as to knowledge of London and topographical skill)—

(a) for “his” there shall be substituted “ the authority’s ”; and

(b) for “him” there shall be substituted “ the authority ”.

8

(1) Section 14 (issue of driver’s badges) shall be amended as follows.

(2) In subsection (1) (duty to issue badge) for “he” there shall be substituted “ the authority ”.

(3) In subsection (4) (exemption from wearing badge) for “he” in the second place where it occurs there shall be substituted “ the authority ”.

9

In section 15(2) (further information to be furnished with application for licence) for “he” there shall be substituted “ the authority ”.

10

(1) Section 17 (suspension and revocation under section 16: procedure) shall be amended as follows.

(2) In subsection (1)(a) (duty to give notice of decision and grounds for it) for “he” there shall be substituted “ the authority ”.

(3) In subsection (2) (immediate commencement of suspension or revocation in interests of public safety) for “he” there shall be substituted “ the authority ”.

11

In section 18(4) (reference to new operating centre not to be added unless satisfied that premises meet prescribed requirements) for “he” there shall be substituted “ the authority ”.

12

(1) Section 19 (variation of operator’s licence) shall be amended as follows.

(2) In subsection (1) (suspension or variation as to operating centre) for “he” there shall be substituted “ the authority ”.

(3) In subsection (2)(a) (duty to give notice of decision and grounds for it) for “he” there shall be substituted “ the authority ”.

(4) In subsection (3) (immediate commencement of suspension or revocation in interests of public safety)—

(a) for “his” in both places where it occurs there shall be substituted “ the authority’s ”; and

(b) for “he” there shall be substituted “ the authority ”.

(5) The sidenote to the section accordingly becomes “Variation of operator’s licence by the licensing authority.”

13

In section 22(4) (notice directing return of licence) for “him” there shall be substituted “ the authority, constable or officer (as the case may be) ”.

14

The sidenote to section 24 becomes “Delegation of functions by the licensing authority.”

15

In section 30(2) (consultation with cab and private hire trade before making regulations prohibiting certain signs, notices etc) for “him” and “he” there shall be substituted “ the authority ”.

16

(1) Section 32 (regulations) shall be amended as follows.

(2) In subsection (1) (purpose for which regulations may be made) after “this Act”, in both places, there shall be inserted “ (other than section 37) ”.

(3) In subsection (3) (power to make regulations to be exercisable by statutory instrument subject to negative parliamentary procedure) for “conferred by this Act” there shall be substituted “ conferred on the Secretary of State by section 37 ”.

(4) At the end of the section there shall be added—

(4) Any power of the licensing authority to make regulations under this Act includes power to vary or revoke previous regulations made under this Act (other than regulations made under section 37). (5) Subsection (4) applies notwithstanding that the previous regulations in question were made by the Secretary of State by statutory instrument. (6) The licensing authority shall secure that any regulations made under this Act by the authority are printed and published. (7) A fee may be charged for the sale of regulations printed and published under subsection (6).

17

In section 36 (interpretation) after the definition of “licensed taxi” there shall be inserted—

“the licensing authority” means Transport for London;

18

In section 37 (power of Secretary of State to make transitional provisions etc) at the end there shall be added—

(3) Before making regulations under this section the Secretary of State shall consult the licensing authority.

19

Section 38 (financial provisions relating to the Secretary of State) shall cease to have effect.

SCHEDULE 22 — Stopping up orders by London councils

Highways Act 1980

1

(1) Section 125 of the Highways Act 1980 (further powers to stop up private access to premises) shall be amended as follows.

(2) In subsection (1) after “Minister” there shall be inserted “ or London Borough ”.

(3) In subsection (4) after “Minister” there shall be inserted “ or, as the case may be, the council of a London borough ”.

Town and Country Planning Act 1990

2

The Town and Country Planning Act 1990 shall be amended as follows.

Highways affected by development: orders

3

(1) Section 247 shall be amended as follows.

(2) In subsection (1) (Secretary of State’s power to authorise stopping up or diversion of highway) after “highway” there shall be inserted “ outside Greater London ”.

(3) In subsection (2) (Secretary of State’s power to provide or improve other highways) after “highway” there shall be inserted “ outside Greater London ”.

(4) After subsection (2) there shall be inserted—

(2A) The council of a London borough may by order authorise the stopping up or diversion of any highway within the borough, or within another London borough if the council of that borough consents, if it is satisfied that it is necessary to do so in order to enable development to be carried out— (a) in accordance with planning permission granted under Part III, or (b) by a government department. (2B) Such an order may make such provision as appears to the council to be necessary or expedient for the provision or improvement of any other highway within the borough.

(5) In subsection (3) (orders directing that highway to be maintainable at public expense etc) for “Such an order” there shall be substituted “ An order under subsection (1) or (2A) ”.

(6) After subsection (3) there shall be inserted—

(3A) An order under subsection (2A) may not provide that— (a) the Secretary of State, (b) Transport for London, or (c) a London borough other than the one whose council is making the order, shall be the highway authority for a highway unless the Secretary of State, Transport for London or the council, as the case may be, so consents.

(7) In subsection (4) (incidental provision in an order) after “Secretary of State” in both places where it occurs there shall be inserted “ or the council of the London borough ”.

(8) In subsection (6)(a) (order making power to be without prejudice to other similar powers) after “Secretary of State” there shall be inserted “ or a London borough ”.

Highways crossing or entering route of proposed new highway

4

(1) Section 248 shall be amended as follows.

(2) In subsection (2) (Secretary of State’s power to stop up or divert a highway affected by construction or improvement of another highway) after “applies” there shall be inserted “ and the place where the other highway crosses or enters the route of the main highway or is otherwise affected is outside Greater London ”.

(3) After subsection (2) there shall be inserted—

(2A) Where this section applies and the place where the other highway crosses or enters the route of the main highway or is otherwise affected is within a London borough, if it appears to the council of that borough expedient to do so— (a) in the interests of the safety of users of the main highway; or (b) to facilitate the movement of traffic on the main highway, it may by order authorise the stopping up or diversion of the other highway.

(4) In subsection (3) (application of section 247 to orders under section 248)—

(a) after “Subsections (2)” there shall be inserted “ and (2B) ”,

(b) for “subsection (2)” there shall be substituted “ subsections (2) and (2B) ”.

Order extinguishing right to use vehicles on highway

5

(1) Section 249 shall be amended as follows.

(2) In subsection (1)(b) (cases where section 249 applies) after “trunk road” there shall be inserted “ , a GLA road ”.

(3) At the beginning of subsection (2) (Secretary of State’s power to extinguish rights to use a highway affected by improvement of amenity of area) there shall be inserted “ Where the public is to cease to have such a right of way at a place outside Greater London, ”.

(4) After subsection (2) there shall be inserted—

(2A) Where— (a) the public is to cease to have such a right of way at a place within a London borough, and (b) the conditions mentioned in subsection (2B)(a) or (b) are satisfied, the council of that borough may by order provide for the extinguishment of any right which persons may have to use vehicles on that highway. (2B) The conditions are that— (a) the council is a local planning authority for the place where the right of way is to cease and it resolves that the right should be extinguished, or (b) another authority is a local planning authority for that place and, having resolved to do so, it applies to the council of the borough for the right to be extinguished.

(5) In subsection (3) (power to provide for continuance of specified rights on highway where general right of use is extinguished)—

(a) after “subsection (2)” there shall be inserted “ or (2A) ”, and

(b) after “Secretary of State” there shall be inserted “ or, as the case may be, the council of the London borough ”.

(6) In subsection (5) (order under section 249 not to be prejudiced by any other enactment) after “subsection (2)” there shall be inserted “ or (2A) ”.

(7) In subsection (6) (revocation of order under section 249 upon application by local planning authority)—

(a) after “subsection (2)” there shall be inserted “ or (2A) ”,

(b) after “Secretary of State” there shall be inserted “ or, as the case may be, the council of the borough ”,

(d) for “he does so” there shall be substituted “ the order is revoked ”.

(8) In subsection (8) (requirement for local planning authority to consult before applying for order to be revoked) after “subsection (2)” there shall be inserted “ , (2A) ”.

(9) In subsection (9) (application of section 247 to order made under section 249) after “subsection (2)” there shall be inserted “ , (2B) ”.

Compensation for orders under section 249

6

(1) Section 250 shall be amended as follows.

(2) In subsection (1) (right to compensation for those with an interest in land affected by an order under section 249) after “section 249(2)” there shall be inserted “ or (2A) ”.

Procedure for making of orders

7

(1) Section 252 shall be amended as follows.

(2) In subsection (1) (requirement to publicise proposals in certain newspapers)—

(a) after “Secretary of State” in the first place where it occurs there shall be inserted “ or, as the case may be, the council of a London borough ”, and

(b) after “Secretary of State” in the second place where it occurs there shall be inserted “ or, as the case may be, the council of the London borough ”.

(3) In subsection (2) (requirement to serve details of proposals on certain local and other authorities) after “Secretary of State” there shall be inserted “ or, as the case may be, the council of the London borough ”.

(4) In subsection (3) (requirement to display details of proposals at highway concerned) after “Secretary of State” there shall be inserted “ or, as the case may be, the council of the London borough ”.

(5) In subsection (4) (requirement to hold local inquiry if objection made)—

(a) after “Secretary of State” in the first place where it occurs there shall be inserted “ or, as the case may be, the council of the London borough, ”

(b) for “him” there shall be substituted “ to the Secretary of State or, as the case may be, the council ”, and

(c) for “unless subsection (5) applies the Secretary of State shall cause a local inquiry to be held” there shall be substituted—

(a) in a case where the Secretary of State is proposing to make an order, he shall cause a local inquiry to be held unless subsection (5) applies, or (b) in a case where the council of a London borough is proposing to make an order, it shall notify the Mayor of London of the objections and shall cause a local inquiry to be held unless subsection (5A) applies.

(6) In subsection (5) (power to dispense with local inquiry in certain circumstances) after “where” there shall be inserted “ the Secretary of State is proposing to make an order and ”.

(7) After subsection (5) there shall be inserted—

(5A) In a case where— (a) the council of a London borough is proposing to make the order, (b) the council has under subsection (4)(b) notified the Mayor of London of the objections, and (c) none of the objections notified is made by such a local authority or undertakers or transporter as are mentioned in that subsection, the Mayor of London shall decide whether, in the special circumstances of the case, the holding of such an inquiry is unnecessary, and if he decides that it is unnecessary he shall so notify the council which may dispense with the inquiry.

(8) In subsection (6) (application of other statutory provisions to local inquiry held under section 252) after “Secretary of State” there shall be inserted “ or the council of a London borough ”.

(9) After subsection (6) there shall be inserted—

(6A) In their application to an inquiry caused to be held by the council of a London borough— (a) subsection (4) of section 250 of the Local Government Act 1972 shall be treated as if— (i) for the reference to a Minister there were substituted a reference to the council of a London borough, (ii) for the reference to him there were substituted a reference to the council, (iii) for the reference to he there were substituted a reference to the council acting with the consent of the Mayor of London, and (iv) for the references to the Minister there were substituted references to the council of the London borough, and (b) subsection (5) of that section shall be treated as if— (i) for the reference to the Minister there were substituted a reference to the council of a London borough, and (ii) the power to make an order as to the costs of parties were subject to a requirement to act with the consent of the Mayor of London.

(10) In subsection (8) (making of order) before “After” there shall be inserted “ Where the Secretary of State is proposing to make an order, ”.

(11) After subsection (8) there shall be inserted—

(8A) Where the council of a London borough is proposing to make an order, after— (a) considering any objections to the order which are not withdrawn, and (b) where a local inquiry is held— (i) considering the report of the person who held the inquiry, and (ii) obtaining the consent of the Mayor of London to the making of the order, the council may, subject to subsection (9), make the order either without modification or subject to such modification as it thinks fit.

(12) In subsection (10) (requirement to publicise making of order) after “Secretary of State” there shall be inserted “ or, as the case may be, the council of the London borough ”.

(13) After subsection (10) there shall be inserted—

(10A) Nothing in subsection (2) shall require the council of a London borough to serve anything on itself.

Procedure in anticipation of planning permission

8

(1) Section 253 shall be amended as follows.

(2) In subsection (1) (power to publish certain orders in draft before planning permissions making the orders necessary are granted)—

(a) after “Secretary of State” in the first place where it occurs there shall be inserted “ or the council of a London borough ”, and

(b) after “Secretary of State” in the second place where it occurs there shall be inserted “ or, as the case may be, the council of the London borough ”.

(3) In subsection (5) (saving of restriction on power to make order until planning permission granted) after “Secretary of State” there shall be inserted “ or the council of a London borough ”.

Temporary highway orders: mineral workings

9

(1) Section 261 shall be amended as follows.

(2) In subsection (1) (Secretary of State’s power to order stopping up or diversion of highway for working of minerals)—

(a) after “Secretary of State” there shall be inserted “ or the council of a London borough ”, and

(b) after “him” there shall be inserted “ or, as the case may be, the council ”.

(3) In subsection (3) (additional provision in order under section 261)—

(a) for “or, as the case may be,” there shall be substituted “ , the council of the London borough or ”, and

(b) after “authority” there shall be inserted “ (as the case may be) ”.

SCHEDULE 23 — Road user charging

Interpretation

1

(1) In this Schedule—

“borough scheme” means any charging scheme other than a TfL scheme;

“charging area” means an area to which a charging scheme applies;

“charging authority” means an authority which is the maker of a charging scheme;

“charging scheme” means a scheme for imposing charges in respect of the keeping or use of motor vehicles on roads in an area designated in the scheme;

“GLA road” includes a reference to a GLA side road;

“highway authority” has the same meaning as in the Highways Act 1980 (see in particular sections 1 to 9 of that Act);

“immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984;

“motor vehicle” shall be construed in accordance with subsection (3) of section 295 of this Act;

“net proceeds”, in relation to a charging scheme and a financial year, means the amount (if any) by which—

(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;

“penalty charge” has the same meaning as in paragraph 12 below;

“penalty charge notice” means notice of a penalty charge;

“prescribed” means specified in, or determined in accordance with, regulations;

“registered keeper”, in relation to a charge imposed in respect of a motor vehicle, means the person in whose name the vehicle was registered under the Vehicle Excise and Registration Act 1994 at the time of the act, omission, event or circumstances in respect of which the charge is imposed;

“regulations” means (except where otherwise provided)regulations made by the Secretary of State;

“relevant transport purpose” means any purpose which directly or indirectly facilitates the implementation of any policies or proposals set out in the Mayor’s transport strategy;

“redistributed portion”, in relation to the net proceeds of a charging scheme, shall be construed in accordance with paragraph 21(1) below;

“road” has the same meaning as in the Road Traffic Regulation Act 1984 (see section 142(1) of that Act);

“share of the net proceeds”, in relation to a charging authority and a charging scheme, shall be construed in accordance with paragraph 18(2) below;

“TfL scheme” means a charging scheme made by Transport for London;

“traffic authority” has the same meaning as in the Road Traffic Regulation Act 1984 (see sections 121A and 142(1) of that Act);

“traffic sign” has the meaning given by section 64 of the Road Traffic Regulation Act 1984 but also includes signposts and other signs and notices included in that term by section 71(2) of that Act;

“trunk road” has the same meaning as in the Road Traffic Regulation Act 1984 (see section 142(1) of that Act).

(2) For the purposes of this Schedule—

(a) the amounts received under or in connection with a charging scheme, and

(b) the expenses incurred for or in connection with such a scheme,

and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations under this sub-paragraph.

(3) Any reference in this Schedule 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.

(4) For the purposes of this Schedule—

(a) the City of London shall be treated as if it were a London borough;

(b) the Common Council shall be treated as if it were the council for a London borough; and

Authority functions exercisable by the Mayor

2

Any functions conferred or imposed on the Authority by or under this Schedule are exercisable by the Mayor acting on behalf of the Authority.

Conditions for making a charging scheme

3

A charging scheme may only be made if it appears desirable or expedient for the purpose of directly or indirectly facilitating the achievement of any policies or proposals set out in the Mayor’s transport strategy.

Making a charging scheme

4

(1) Any charging scheme must be contained in an order—

(a) made under this Schedule by the authority making the scheme; and

(b) submitted to, and confirmed (with or without modification) by, the Authority.

(2) An order containing a charging scheme shall be in such form as the Authority may determine.

(3) The Authority may—

(a) consult, or require an authority making a charging scheme to consult, other persons;

(aa) require such an authority to publish its proposals for the scheme and to consider objections to the proposals;

(b) hold an inquiry, or cause an inquiry to be held, for the purposes of any order containing a charging scheme;

(d) make modifications to any such order, whether in consequence of any objections or otherwise, before the order takes effect;

(da) require the authority by whom any such order is made to publish notice of the order and of its effect;

(e) require any such order to include such exemptions for such purposes as the Authority may determine;

(f) require the authority by whom any such order is made to place and maintain, or cause to be placed and maintained, such traffic signs in connection with that order as the Authority may determine.

(4) Subsections (2) and (3) of section 250 of the Local Government Act 1972 (witnesses at local inquiries) apply in relation to any inquiry held by virtue of sub-paragraph (3)(b) above.

(5) Where an inquiry is held by virtue of sub-paragraph (3)(b) above for the purposes of any order containing a charging scheme—

(a) the costs of the inquiry shall be paid by the charging authority; and

(b) the parties at the inquiry shall bear their own costs.

(6) The charging authority may enter any land, and exercise any other powers which may be necessary, for placing and maintaining, or causing to be placed and maintained, traffic signs in connection with the charging scheme.

Scheme to conform with Mayor’s transport strategy

5

A charging scheme must be in conformity with the Mayor’s transport strategy.

Approval of Authority required for inclusion of certain provisions

6

The approval of the Authority must be obtained before there is included in a borough scheme any provision of a description specified in a direction under this paragraph given by the Authority to the London borough councils.

Joint charging schemes

7

(1) The Authority may authorise or require two or more London borough councils acting jointly to make a charging scheme applying to the whole or part of their combined areas (a “joint charging scheme”).

(2) In the application of this Schedule in relation to a joint charging scheme, any reference to the charging authority is a reference to all or any of the London borough councils concerned.

The contents of a charging scheme

8

A charging scheme must—

(a) designate the area to which it applies;

(b) specify the classes of motor vehicles in respect of which a charge is imposed;

(d) specify the charges imposed.

The charging area and the roads

9

(1) The designation of—

(a) the boundaries of the charging area, and

(b) the roads in that area in respect of which charges are imposed,

shall be such as the authority making the charging scheme may determine, subject to any modifications made by the Authority.

(2) A TfL scheme may apply to an area which consists of the whole or any part of Greater London.

(3) A borough scheme may apply to an area which consists of the whole or any part of the area of the authority (or, in the case of a joint charging scheme, the combined areas of the authorities) making the scheme.

(4) A road shall not be subject to charges imposed by more than one charging authority at the same time, except with the consent of the Authority.

(5) In the application of sub-paragraph (4) above in relation to a joint charging scheme, the authorities making the scheme shall be treated as if they together constituted a single charging authority.

(6) A TfL scheme may impose charges in respect of roads in the charging area, whether or not Transport for London is the traffic authority or the highway authority for those roads.

(7) A charging scheme must not impose charges in respect of a trunk road except with the consent of the Secretary of State.

(8) A borough scheme may impose charges in respect of GLA roads.

The charges

10

(1) A charging scheme shall specify or describe the events by reference to the happening of which a charge is imposed by the charging scheme in respect of a motor vehicle being kept or used on a road in a charging area.

(2) Any charge imposed by a charging scheme in respect of the keeping of a motor vehicle on a road in a charging area must also have effect in respect of the use of the motor vehicle in that charging area.

(3) A charging scheme may make provision in relation to the manner in which charges are to be made, collected, recorded or paid.

(4) The charges that may be imposed by a charging scheme include different charges (which may be no charge) for different cases, including (in particular)—

(a) different days;

(b) different times of day;

(d) different distances travelled;

(e) different classes of motor vehicles.

(f) different methods or means of recording, administering, collecting or paying the charge.

(5) In setting the rates of charge, regard may be had to the purposes for which the charging authority is to apply the net proceeds of the scheme.

Manner of payment of charges

10A

(1) Regulations may—

(a) make provision requiring a charging scheme to provide that in specified circumstances—

(i) persons of a specified description may pay, and

(ii) where those persons so choose, the charging authorities must collect,

the charges imposed by the scheme in a specified manner;

(b) make provision for or in connection with the arrangements to be made by the charging authority with any person for the purpose of enabling charges to be paid, and collected, as mentioned in paragraph (a).

(2) In sub-paragraph (1) “specified” means specified in the regulations.

Exemptions, reduced rates etc

11

(1) The Secretary of State may by regulations make provision for or in connection with—

(a) exemptions from charge,

(b) the application of reduced rates of charge, or

in the case of any prescribed class of motor vehicles or any prescribed description of disabled or other persons.

(2) Subject to any regulations under sub-paragraph (1) above and to paragraphs 4 and 6 above, a charging scheme may make provision for or in connection with—

(a) exemptions from charge,

(b) the application of reduced rates of charge, or

in the case of any particular class of motor vehicles or description of persons.

Documents and equipment

11A

A charging scheme may require—

(a) documents to be displayed while a motor vehicle is on a road in respect of which charges are imposed; or

(b) equipment to be carried in or fitted to a motor vehicle while it is on such a road.

Penalty charges

12

(1) Regulations may make provision for or in connection with the imposition and payment of penalty charges in respect of acts, omissions, events or circumstances relating to or connected with a charging scheme.

(2) Regulations under sub-paragraph (1) above may make provision for or in connection with setting the rates of penalty charges (which may include provision for discounts or surcharges).

(3) The Lord Chancellor may make regulations about the notification, adjudication and enforcement of penalty charges.

Liability for charges

13

Charges imposed in respect of any motor vehicle by a charging scheme (including penalty charges imposed in respect of any motor vehicle) shall be paid—

(a) by the registered keeper of the motor vehicle; or

(b) in prescribed circumstances, by such person as is prescribed.

Installation of equipment on roads or elsewhere

14

A charging authority may-

(a) install and maintain, or authorise the installation and maintenance of, any equipment; or

(b) construct and maintain, or authorise the construction and maintenance of, buildings or other structures,

used or to be used in connection with the operation or enforcement of charging scheme.

Accounts and funds

15

(1) A charging authority shall keep an account relating to each of the authority’s charging schemes.

(2) Each of the following bodies, namely—

(a) the Authority,

(b) Transport for London, and

shall keep an account relating to the sums received by the body which represent net proceeds of charging schemes for which the body is not the charging authority.

(3) Each of the bodies required to keep an account under sub-paragraph (1) or (2) above shall prepare a statement of that account for each financial year.

(4) A statement of account required to be prepared under sub-paragraph (3) above for any financial year shall be published—

(a) in the case of a statement of account prepared by Transport for London, in the annual report of Transport for London under section 161 of this Act for that year;

(b) in any other case, in the annual accounts for that year of the body which prepared the statement of account.

(4A) Regulations may make further provision relating to—

(a) accounts required to be kept under sub-paragraph (1) or (2) above (including provision requiring or allowing the keeping of consolidated accounts relating to more than one charging scheme); and

(b) the preparation and publication of statements of such accounts.

(5) At the end of each financial year—

(a) any deficit in an account required to be kept under sub-paragraph (1) or (2) above shall be made good out of the body’s general fund; and

(b) any surplus in any such account (after the application of any of the net proceeds in accordance with the following provisions)shall be dealt with in accordance with sub-paragraphs (6) and (7) below.

(6) Any such surplus shall be applied towards making good to the general fund any amount charged to that fund under sub-paragraph (5)(a) above in respect of the account in question in the ten years immediately preceding the financial year in question.

(7) So much of any surplus as remains after the application of sub-paragraph (6) above shall be carried forward in the account in question to the next financial year.

(8) In the application of this paragraph in relation to Transport for London, any reference to its general fund shall be taken as a reference to its gross income.

Application of the net proceeds

16

(1) In the case of any charging scheme ..., the net proceeds of the scheme shall,..., be available only for application for relevant transport purposes by any one or more of the following bodies, namely—

(a) the Authority;

(b) Transport for London; or

(1A) Sub-paragraph (1) above is subject to paragraph 18(1A) and (1B) below.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The net proceeds of charging schemes may only be applied for purposes which provide value for money.

(6) Sub-paragraphs (1) and (5) above are without prejudice to paragraph 15(6) above.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions supplementary to paragraph 16

17

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Secretary of State may issue guidance to the Authority, Transport for London and the London borough councils with respect to the appraisal of whether any application of net proceeds of a charging scheme for any purpose provides value for money.

(4) In determining how to apply the net proceeds of charging schemes, the Authority, Transport for London and any London borough council shall comply with any guidance issued by the Secretary of State under sub-paragraph (3) above.

(5) The Secretary of State may at any time vary the guidance under sub-paragraph (3) above.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Apportionment of net proceeds of charging schemes

18

(1) ... The Authority may require a charging scheme to include provision for such portion of the net proceeds as the Authority may determine to be paid to—

(a) the Authority,

(b) Transport for London, or

for application for relevant transport purposes.

(1A) In the case of a charging scheme which imposes charges in respect of a trunk road, the Secretary of State may require the scheme to include provision for the payment to the Secretary of State of such portion of the net proceeds as is—

(a) provided for by the scheme, or

(b) otherwise determined with the consent of the Secretary of State.

(1B) Any portion of the net proceeds paid to the Secretary of State by virtue of sub-paragraph (1A) shall be available only for application for the purpose of directly or indirectly facilitating the achievement of any policies or proposals relating to transport.

(2) In this Schedule, any reference to a charging authority’s share of the net proceeds of a charging scheme is a reference to so much of the net proceeds of the scheme as remains after the making of any payments to other bodies or persons required by virtue of sub-paragraph (1) or (1A) above....

(3) For the purposes of this Schedule, the payment by the Authority of a sum received by the Authority by virtue of sub-paragraph (1) above to any body corporate for the purpose of the application of that sum by that body for relevant transport purposes shall be taken to be the application of that sum by the Authority for relevant transport purposes.

19

(1) A charging scheme must include a statement of the charging authority’s proposed general plan for applying the authority’s share of the net proceeds of the scheme during the opening ten year period.

(2) In sub-paragraph (1) above, “the opening ten year period”, in relation to any charging scheme, means the period which—

(a) begins with the date on which the scheme comes into force; and

(b) ends with the tenth financial year that commences on or after that date.

(3) An order containing a charging scheme shall not come into force unless and until the statement required by sub-paragraph (1) above has been approved—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) if the scheme is a borough scheme, by the Authority.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

(1) As long as a charging scheme remains in force, the charging authority shall, during every fourth financial year after the financial year in which the scheme comes into force, prepare a written statement of their proposed general programme for applying the authority’s share of the net proceeds of the scheme during the next four financial years.

(2) Any statement required to be prepared under sub-paragraph (1) above must be submitted for approval to—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in the case of a borough scheme, the Authority.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Any statement prepared and (where so required) approved under this paragraph in the case of a charging scheme prevails for all purposes over any conflicting provisions in the statement included in the scheme pursuant to paragraph 19 above.

Authority’s 10 year plan for the redistributed portion

21

(1) This paragraph applies in relation to a charging scheme which by virtue of paragraph 18(1) above includes provision for a portion of the net proceeds of the scheme (the “redistributed portion”) to be paid by the charging authority to another body.

(2) The Authority shall prepare ... a statement of the Authority’s general plan for the application (whether by the Authority or any other body) of the redistributed portion during the opening ten year period.

(3) In sub-paragraph (2) above, “the opening ten year period”, in relation to any charging scheme, means the period which—

(a) begins with the date on which the scheme comes into force; and

(b) ends with the tenth financial year that commences on or after that date.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authority’s 4 year programmes for the redistributed portion

22

(1) As long as a charging scheme to which paragraph 21 above applies remains in force, the Authority shall, during every fourth financial year after the financial year in which the scheme comes into force, prepare the statement described in sub-paragraph (2) below.

(2) That statement is a written statement of the Authority’s proposed general programme for the application (whether by the Authority or any other body) of the redistributed portion of the net proceeds of the scheme during the next four financial years.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A statement prepared ... under this paragraph for any scheme prevails for all purposes over any conflicting provisions in the statement prepared ...under paragraph 21 above for that scheme.

Non-compliance with paragraph 20 or 22 above

23

(1) Except with the consent of the Secretary of State in any particular case, none of the charging authority’s share of the net proceeds of a charging scheme may be applied in any financial year beginning after the end of the opening four year period unless and until a statement under paragraph 20 above having effect in relation to a period in which that year falls has been prepared and (where so required) approved under that paragraph.

(2) Except with the consent of the Secretary of State in any particular case, none of the redistributed portion of the net proceeds of a charging scheme may be applied in any financial year beginning after the end of the opening four year period unless and until a statement under paragraph 22 above having effect in relation to a period in which that year falls has been prepared ... under that paragraph in relation to the scheme.

(3) In this paragraph, “the opening four year period”, in relation to any charging scheme, means the period which—

(a) begins with the date on which the scheme comes into force; and

(b) ends with the fourth financial year that commences on or after that date.

4 year programmes: amendment, replacement and voluntary statements

24

(1) Where a statement has been prepared and (where so required) approved under paragraph 20 or 22 above, the authority which prepared the statement may—

(a) amend the statement, or

(b) replace it with another statement (a “replacement statement”),

but subject to the following provisions of this paragraph.

(2) Subject to the following provisions of this paragraph, where a charging scheme is in force—

(a) the charging authority may prepare a statement such as is described in paragraph 20(1) above, and

(b) if the charging scheme is one to which paragraph 21 above applies, the Authority may prepare a statement such as is described in paragraph 22(2) above,

at any time before the beginning of the first financial year for which a statement under paragraph 20 or, as the case may be, paragraph 22 above is required to be prepared in respect of the scheme.

(3) For the purposes of this paragraph—

(a) a “voluntary statement” is a statement prepared under sub-paragraph (2)(a) or (b) above,

(b) a statement prepared under sub-paragraph (2)(a) above shall be treated as a statement prepared under paragraph 20 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph, and

(c) a statement prepared under sub-paragraph (2)(b) above shall be treated as a statement prepared under paragraph 22 above ...,

and references to statements under paragraph 20 or 22 above shall be construed accordingly.

(4) The power conferred by sub-paragraph (1)(b) or (2) above is exercisable—

(a) in the case of a statement under paragraph 20 above in respect of a borough scheme, during the period of six months beginning with the day on which a change of control of the London borough council concerned occurs; or

(b) in any other case, during the period of six months beginning with the term of office of any person returned as the Mayor at an ordinary election or at an election under section 16 of this Act.

(5) Where, in exercise of the powers conferred by this paragraph, an authority proposes—

(a) to amend or replace a statement prepared and (where so required) approved under paragraph 20 or 22 above, or

(b) to prepare a voluntary statement,

sub-paragraph (6) below applies.

(6) Where this sub-paragraph applies, the amendment, replacement statement or voluntary statement must be submitted for approval—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) if the statement concerned or affected is one prepared in respect of a borough scheme by the charging authority, to the Authority.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Where a statement prepared and (where so required) approved under paragraph 20 or 22 above is amended in accordance with this paragraph, the statement shall continue to be regarded for the purposes of this Schedule as a statement so prepared and (where so required) approved, notwithstanding the amendment.

(9) A replacement statement or a voluntary statement must relate to the four financial years beginning with the financial year in which it takes effect (disregarding so much of that year as has expired before the statement takes effect).

(10) A replacement statement or voluntary statement prepared and (where so required) approved under this paragraph shall be taken for the purposes of this Schedule to be a statement ...—

(a) prepared and approved under paragraph 20 above, if it was prepared in respect of a charging scheme by the charging authority; or

(b) prepared under paragraph 22 above, if it was prepared by the Authority.

(11) Where a voluntary statement or replacement statement prepared by an authority takes effect, the time at which any subsequent statement is required to be prepared by that authority by virtue of paragraph 20 or 22 above in respect of the charging scheme in question shall be determined as if the financial year preceding that in which the replacement statement or voluntary statement takes effect had been such a fourth year as is mentioned in sub-paragraph (1) of that paragraph.

Offences

25

(1) A person who, with intent to avoid payment of a charge imposed by a charging scheme or with intent to avoid being identified as having failed to pay such a charge,—

(a) interferes with any equipment, or with the functioning of any equipment, used for or in connection with charging under a charging scheme, or

(b) causes or permits the registration plate of a motor vehicle to be obscured, or

is guilty of an offence.

(1A) A person who makes or uses any false document with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by a charging scheme or a penalty charge is guilty of an offence.

(2) A person guilty of an offence under sub-paragraph (1) or (1A) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

(3) A person is guilty of an offence if he removes a penalty charge notice which has been fixed to a motor vehicle in accordance with regulations under paragraph 12 above unless—

(a) he is the registered keeper of the vehicle or a person using the vehicle with his authority; or

(b) he does so under the authority of the registered keeper or such a person or of the charging authority.

(4) A person guilty of an offence under sub-paragraph (3) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Examination of motor vehicles etc

26

(1) Regulations may make provision conferring powers on prescribed persons for or in connection with—

(a) examining a motor vehicle for the purpose of ascertaining whether any document required by a charging scheme to be displayed while a motor vehicle is on a road in a charging area is so displayed; or

(b) examining a motor vehicle for the purpose of ascertaining whether any equipment required by a charging scheme to be carried in or fitted to a motor vehicle while the vehicle is on a road in a charging area—

(i) is so carried or fitted,

(ii) is in proper working order, or

(iii) has been interfered with with intent to avoid payment of, or to avoid any person being identified as having failed to pay, a charge,

or whether any conditions relating to the use of any such equipment are satisfied.

(2) Regulations may make provision conferring power on any person authorised in writing by the charging authority to enter a motor vehicle where he has reasonable grounds for suspecting, in relation to a motor vehicle which is on a road, that—

(a) any equipment required to be carried in or fitted to the motor vehicle while it is on a road in respect of which charges are imposed has been interfered with with intent to avoid payment of, or to avoid any person being identified as having failed to pay, a charge imposed by the charging scheme; or

(b) there is in the motor vehicle a false document which has been made or used with intent to avoid payment of, or to avoid any person being identified as having failed to pay, such a charge.

(2A) The references in sub-paragraphs (1)(b)(iii) and (2)(a) to interfering with equipment include references to interfering with the functioning of it.

(3) A person who intentionally obstructs a person exercising any power conferred on him by virtue of sub-paragraph (2) above is guilty of an offence.

(4) A person guilty of an offence under sub-paragraph (3) above shall be liable on summary conviction to—

(a) a fine not exceeding level 5 on the standard scale, or

(b) imprisonment for a term not exceeding six months,

or to both.

(5) Regulations may make provision conferring power on any person authorised in writing by the charging authority to seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the commission of an offence under paragraph 25 above.

Removal or immobilisation of motor vehicles

27

Regulations may make provision for or in connection with—

(a) the fitting of immobilisation devices to motor vehicles;

(aa) the fixing of immobilisation notices to motor vehicles to which an immobilisation device has been fitted;

(b) the removal and storage of motor vehicles;

(d) requiring the satisfaction of conditions before the release of a motor vehicle ; and.

(e) the sale or destruction of motor vehicles not released.

(2) A person who removes or interferes with an immobilisation notice in contravention of provision made by virtue of sub-paragraph (1) above is guilty of an offence.

(3) A person who removes or attempts to remove an immobilisation device fixed to a motor vehicle in accordance with provision made by virtue of sub-paragraph (1) above in contravention of such provision is guilty of an offence.

(4) A person who intentionally obstructs a person exercising any power conferred on him by provision made by virtue of sub-paragraph (1) above is guilty of an offence.

(5) A person guilty of an offence under sub-paragraph (2) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6) A person guilty of an offence under sub-paragraph (3) or (4) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Determination of disputes and appeals

28

The Lord Chancellor may by regulations make provision for or in connection with—

(a) the determination of disputes;

(b) appeals against determinations or any failure to make a determination;

Approval of equipment and directions for use

29

(1) No equipment of a description specified in a direction under this paragraph given by the Authority to Transport for London and every London borough council may be used in connection with a charging scheme unless

(a) the equipment is of a type approved by the Authority, or

(b) the equipment is used in accordance with directions given by the Authority.

(2) Where the Secretary of State considers that—

(a) equipment of any particular description used in connection with a charging scheme (“the non-standard equipment”) is incompatible with a national standard for equipment of that or any other description, and

(b) the incompatibility is detrimental to the interests of persons resident in England outside Greater London,

he may give notice of that fact to the Authority.

(3) Where the Secretary of State has given notice under sub-paragraph (2) above to the Authority, the non-standard equipment may no longer be used in connection with a charging scheme except with the authorisation of the Secretary of State.

(3A) Where the Secretary of State considers that—

(a) directions under sub-paragraph (1)(b) above regarding the use of equipment in connection with a charging scheme are incompatible with regulations under section 176(2)(b) of the Transport Act 2000, and

(b) the incompatibility is detrimental to the interests of persons resident in England outside Greater London,

he may give notice of that fact to the Authority.

(3B) Where the Secretary of State has given notice under sub-paragraph (3A) above to the Authority, the equipment in question may no longer be used in connection with a charging scheme except with the authorisation of the Secretary of State.

(4) Any authorisation under sub-paragraph (3) or (3B) above may be given subject to conditions.

(5) Any authorisation under sub-paragraph (3) or (3B) above, and any conditions under sub-paragraph (4) above, may be varied or revoked.

(6) In this paragraph “national standard” means any standard approved by the Secretary of State by regulations under section 176(2) of the Transport Act 2000..

Evidence

30

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 Schedule, or proceedings in respect of a failure to comply with the provisions of a charging scheme, to be given by the production of—

(a) a record produced by a prescribed device; and

(b) a certificate (whether in the same or another document) as to the circumstances in which the record was produced signed by a prescribed person.

Exclusions for motor vehicles not on roads

31

A charging scheme may not authorise or require—

(a) the imposition of charges in respect of a motor vehicle by reference to its presence in a charging area at a time at which the vehicle is not on a road;

(b) the examination, for any purpose relating to or connected with this Schedule, regulations or a charging scheme, of a motor vehicle found in a charging area at a time at which the vehicle is not on a road; or

(c) the fitting of an immobilisation device to, or the removal of, a motor vehicle found in a charging area at a time at which the vehicle is not on a road.

Expenses

32

The Authority, Transport for London or a London borough council may—

(a) incur expenditure in or in connection with the establishment or operation of a charging scheme; or

(b) enter into arrangements (including arrangements for forming or participating in companies) with any body or person in respect of the operation of a charging scheme or relating to the installation or operation of any equipment used for or in connection with the operation of a charging scheme.

Directions by the Authority

33

(1) The Authority may give to any London borough council general or specific directions requiring the council to exercise, in such manner as may be specified in the directions,—

(a) any of the council’s powers under this Schedule; or

(b) for purposes connected with a charging scheme made by that council or any other authority, any of the council’s powers under any other enactment relating to the management or control of traffic.

(2) A London borough council shall comply with any directions given to the council by the Authority.

Guidance by the Authority

34

(1) The Authority may issue guidance to Transport for London or any London borough council in relation to the discharge of their functions under this Schedule.

(2) Transport for London or a London borough council in exercising any function under this Schedule shall have regard to any guidance issued by the Authority under this paragraph.

(3) Guidance issued under this paragraph shall be published in such manner as the Authority consider appropriate; and the Authority may at any time vary or revoke such guidance.

Information

34A

(1) Information obtained by—

(a) any Minister of the Crown or government department, or

(b) any local authority or other statutory body,

may be disclosed to Transport for London or a London borough council for or in connection with the performance or proposed performance of any of their functions under this Schedule or with respect to a charging scheme or proposed charging scheme .

(2) Information obtained by Transport for London or a London borough council for or in connection with their functions other than their functions under this Schedule may be used by them for or in connection with the performance or proposed performance of any of their functions under this Schedule or with respect to a charging scheme or proposed charging scheme.

(3) Any information—

(a) which has been or could be disclosed to a charging authority under sub-paragraph (1) above for or in connection with the exercise of any of their functions with respect to a charging scheme, or

(b) which has been or could be used by an authority by virtue of sub-paragraph (2) above 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 paragraph 32(b) above.

(4) Information disclosed to a person under sub-paragraph (3) above—

(a) may be disclosed to any other person for or in connection with the charging scheme; but

(b) may not be used (by him or any other person to whom it is disclosed under paragraph (a) above) otherwise than for or in connection with the charging scheme.

(5) The Secretary of State may charge a reasonable fee in respect of the cost of supplying information under sub-paragraph (1) or (3).

(6) Where Transport for London or a London borough council 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 sub-paragraph (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 paragraph—

“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.

Power to require information

34B

(1) The Secretary of State may direct—

(a) Transport for London,

(b) any London borough council, or

to provide the Secretary of State, within a specified period, with specified information connected with any aspect of the performance or proposed performance of their functions under this Schedule.

(2) The information that may be specified in such a direction must be information which the body have in their possession or can reasonably be expected to acquire.

(3) A direction under this section may be given to two or more of the bodies mentioned in sub-paragraph (1) or to such of those bodies as are specified in the direction.

Crown roads

35

(1) This Schedule applies in relation to Crown roads as it applies in relation to other roads.

(2) In sub-paragraph (1) above “Crown road” has the same meaning as in section 131 of the Road Traffic Regulation Act 1984.

Crown application

36

(1) Subject to the provisions of this paragraph, the provisions of this Schedule and of regulations and charging schemes made under it shall bind the Crown.

(2) No contravention by the Crown of any provision of this Schedule or of any regulations or charging scheme made under it shall make the Crown criminally liable; but 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.

(3) Notwithstanding anything in sub-paragraph (2) above, the provisions of this Schedule and of regulations and charging schemes made under it shall 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 this Schedule or regulations made under it shall be exercisable in relation to any motor vehicle in the public service of the Crown.

(5) Nothing in this paragraph shall be taken as in any way affecting Her Majesty in her private capacity; and this sub-paragraph shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.

Duration of charging schemes

37

A charging scheme shall state whether or not it is to remain in force indefinitely and, if it is not to remain in force indefinitely, shall state the period for which it is to remain in force.

Variation and revocation of charging schemes

38

The power to make a charging scheme includes power , exercisable in the same manner, and subject to the same conditions and limitations, to vary or revoke such a scheme ; and paragraph 4 above (apart from sub-paragraphs (3)(f) and (6)) applies in relation to the variation or revocation of a charging scheme as to the making of a charging scheme..

SCHEDULE 24 — Workplace parking levy

Interpretation

1

(1) In this Schedule, except where the context otherwise requires—

“borough scheme” means any licensing scheme other than a TfL scheme;

“contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if express) whether oral or in writing;

“controlled vehicle” shall be construed in accordance with paragraph 5 below (but subject to any provision made by, or by regulations made by virtue of, any other provision of this Schedule);

“employed” means employed under a contract of employment;

“employee” means a person employed under a contract of employment;

“licence” means a licence authorising the parking of a maximum number of controlled vehicles at any one time in parking places provided at the licensed premises by the occupier of those premises; and “licensed unit” means each unit comprised in that maximum number;

“licensed premises”, in the case of any licence, means the premises to which the licence relates;

“licensing area” means an area to which a licensing scheme applies;

“licensing authority” means an authority which is the maker of a licensing scheme;

“licensing scheme” means a scheme for the licensing of persons providing workplace parking places at premises in an area designated in the scheme;

“motor vehicle” has the same meaning as in section 295 of this Act;

“net proceeds”, in relation to a licensing scheme and a financial year, means the amount (if any) by which—

(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;

“occupier”, in relation to any premises, means the person who is the occupier for the purposes of non-domestic rates;

“penalty charge” has the same meaning as in paragraph 18 below;

“penalty charge notice” means notice of a penalty charge;

“prescribed” means specified in, or determined in accordance with, regulations;

“regulations” means (except where otherwise provided)regulations made by the Secretary of State;

“relevant transport purpose” means any purpose which directly or indirectly facilitates the implementation of any policies or proposals set out in the Mayor’s transport strategy;

“TfL scheme” means a licensing scheme made by Transport for London;

“workplace parking place” means a parking place provided and occupied as mentioned in paragraph 3 below.

(2) For the purposes of this Schedule—

(a) the amounts received under or in connection with a licensing scheme, and

(b) the expenses incurred for or in connection with such a scheme,

and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations under this sub-paragraph.

(3) Any reference in this Schedule 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.

(4) For the purposes of this Schedule—

(a) the City of London shall be treated as if it were a London borough;

(b) the Common Council shall be treated as if it were the council for a London borough; and

Authority functions exercisable by the Mayor

2

Any functions conferred or imposed on the Authority by or under this Schedule are exercisable by the Mayor acting on behalf of the Authority.

Provision of workplace parking places

3

(1) For the purposes of this Schedule and section 296 of this Act, a workplace parking place is provided at any premises at any time if a parking place provided at the premises is at that time occupied by a motor vehicle used—

(a) by a relevant person, or

(b) by an employee, agent, supplier, business customer or business visitor of a relevant person, or

(d) where a body whose affairs are controlled by its members is a relevant person, by a member of the body engaged in the carrying on of any business of the body,

for attending a place at which the relevant person carries on business at or in the vicinity of the premises.

(2) In this paragraph “relevant person” means—

(a) the person who provides the parking place in question;

(b) any other person with whom that person has entered into arrangements to provide the parking place (whether or not for that other person’s own use); or

(3) For the purposes of sub-paragraph (2)(c) above any two persons are “associated” if and only if—

(a) one is a company of which the other (directly or indirectly) has control; or

(b) both are companies of which a third person (directly or indirectly) has control.

(4) For the purposes of this paragraph—

“business” includes—any trade, profession, vocation or undertaking;the functions of any office holder;the provision of any course of education or training; andthe functions of, or any activities carried on by, a government department, local authority or other statutory body;

“business customer”, in relation to a relevant person, means a client or customer of the relevant person who is attending at the premises of the relevant person for the purposes of a business carried on by that client or customer;

“business visitor”, in relation to a relevant person, means an individual who—in the course of his employment, orin the course of carrying on a business or for the purposes of a business carried on by him,is visiting the relevant person or any premises whose occupier is the relevant person;

“supplier”, in relation to a relevant person, means—a person supplying, or seeking to supply, goods or services to the relevant person for the purposes of a business carried on by the relevant person; orany agent or sub-contractor of such a person.

Power to amend paragraph 3 above

4

The Secretary of State may by regulations amend paragraph 3 above for the purpose of adding, removing or varying cases where, for the purposes of this Schedule and section 296 of this Act, a person provides a workplace parking place.

Controlled vehicles

5

Where the provision of a parking place for a motor vehicle by a person at any premises constitutes the provision of a workplace parking place, then, for the purposes of this Schedule, the vehicle is a “controlled vehicle” as respects that person and those premises, subject to any exemption conferred by a licensing scheme.

Conditions for making a licensing scheme

6

A licensing scheme may only be made if it appears desirable or expedient for the purpose of directly or indirectly facilitating the implementation of any policies or proposals set out in the Mayor’s transport strategy.

Making a licensing scheme

7

(1) Any licensing scheme must be contained in an order—

(a) made under this Schedule by the authority making the scheme; and

(b) submitted to, and confirmed (with or without modification) by, the Authority.

(2) An order containing a licensing scheme shall be in such form as the Authority may determine.

(3) The Authority may—

(a) consult, or require an authority making a licensing scheme to consult, other persons;

(aa) require such an authority to publish its proposals for the scheme and to consider objections to the proposals;

(b) hold an inquiry, or cause an inquiry to be held, for the purposes of any order containing a licensing scheme;

(d) make modifications to any such order, whether in consequence of any objections or otherwise, before the order takes effect;

(da) require the authority by whom any such order is made to publish notice of the order and of its effect.

(e) require any such order to include such exemptions for such purposes as the Authority may determine.

(4) Subsections (2) and (3) of section 250 of the Local Government Act 1972 (witnesses at local inquiries) apply in relation to any inquiry held by virtue of sub-paragraph (3)(b) above.

(5) Where an inquiry is held by virtue of sub-paragraph (3)(b) above for the purposes of any order containing a licensing scheme—

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