Legalize / United Kingdom / Public General Act

Transport Act 2000

Type Public General Act

Publication 2000-11-30

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(b) roads in respect of which the London traffic authority, or any of the London traffic authorities, by which it is made may impose charges by a scheme under Schedule 23 to the Greater London Authority Act 1999 without the consent of the Secretary of State.

(2) A joint local-London charging scheme which has effect wholly outside an integrated transport area , the area of a combined authority or the area of a combined county authority may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of—

(a) local transport policies of the non-metropolitan local traffic authority, or ... the non-metropolitan local traffic authorities, by which it is made, and

(b) policies and proposals set out in the transport strategy prepared and published by the Mayor of London under section 142 of the Greater London Authority Act 1999.

(3) A joint local-London charging scheme which has effect partly within an integrated transport area , the area of a combined authority or the area of a combined county authority may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of—

(a) local transport policies of the non-metropolitan local traffic authority, or the non-metropolitan local traffic authorities, by which the scheme is made,

(b) local transport policies of the Integrated Transport Authority for the integrated transport area or (as the case may be) the combined authority or combined county authority, and

(c) policies and proposals set out in the transport strategy prepared and published by the Mayor of London under section 142 of the Greater London Authority Act 1999.

(4) Section 164(4) has effect for the purposes of this section.

Trunk road charging schemes

167

(1) A trunk road charging scheme may only be made—

(a) by the Secretary of State in respect of roads for which he or a strategic highways company is the traffic authority, or

(b) by the National Assembly for Wales in respect of roads for which it is the traffic authority.

(2) A trunk road charging scheme under subsection (1)(a) may only be made in respect of a road if—

(a) the road is carried by a bridge, or passes through a tunnel, of at least 600 metres in length, or

(b) a local traffic authority , an Integrated Transport Authority, a combined authority , a combined county authority or Transport for London has requested the charging authority to make the trunk road charging scheme in connection with a charging scheme under this Part, or a scheme under Schedule 23 to the Greater London Authority Act 1999, made or proposed by them.

(3) A trunk road charging scheme under subsection (1)(b) may only be made in respect of a road if—

(a) the road is carried by a bridge, or passes through a tunnel, of at least 600 metres in length,

(b) the scheme is made for the purpose of reducing or limiting air pollution in the vicinity of the road (which may comprise or include a length of road of the kind described in paragraph (a)), or

(c) a local traffic authority have requested the charging authority to make the scheme in connection with a charging scheme under this Part made or proposed by them.

(4) Subsection (3)(b) does not prevent a scheme made by virtue of subsection (3)(c) from being made for the purpose of reducing or limiting air pollution.

Making of charging schemes

Charging schemes to be made by order

168

(1) A charging scheme under this Part is made by order of the charging authority or of the charging authorities (acting jointly).

(2) The charging authority or the charging authorities (acting jointly) may by order vary a charging scheme under this Part and the charging authority or any of the charging authorities may by order revoke such a scheme; but where a trunk road charging scheme is made at the request of a local traffic authority , an Integrated Transport Authority, a combined authority , a combined county authority or Transport for London, it shall not be varied or revoked unless the local traffic authority or the Integrated Transport Authority, the Integrated Transport Authority , the combined authority or the combined county authority, or Transport for London, have been consulted about its variation or revocation.

(3) The appropriate national authority may make regulations about orders making, varying or revoking charging schemes under this Part, including (in particular)—

(a) provision specifying the form of orders,

(b) provision about the publication of proposals for orders making or varying such charging schemes and the making and consideration of objections to such proposals, and

(4) Before making regulations under subsection (3) which relate to joint local-London charging schemes or joint ITA-London charging schemes the Secretary of State shall consult the Greater London Authority about the regulations so far as they so relate.

Confirmation of charging schemes

169

(1) A charging scheme under this Part which relates wholly or partly to Wales, other than a trunk road charging scheme, shall not come into force unless the order making it has been submitted to and confirmed by the Welsh Ministers; and a variation of such a charging scheme shall not take effect until the order making the variation has been so submitted and confirmed.

(2) Subsection (1) does not apply in such circumstances as may be specified in or determined in accordance with regulations made by the Welsh Ministers.

(3) A joint local-London charging scheme or joint ITA-London charging scheme shall not come into force unless the order making it has been submitted to and confirmed by the Greater London Authority; and a variation or revocation of such a charging scheme shall not take effect until the order making the variation or revocation has been so submitted and confirmed.

(4) Where confirmation of an order is required by this section, the order may be confirmed with or without modifications.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Charging schemes: consultation and inquiries

170

(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 , 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) The Welsh Ministers may at any time—

(a) before an order making or varying a charging scheme under this Part which 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) The Welsh Ministers —

(a) may cause an inquiry to be held in relation to a charging scheme under this Part which 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 or 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, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) 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 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) or (3)(c), by the local traffic authority , Integrated Transport Authority , 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.

Contents of charging schemes

Matters to be dealt with in charging schemes

171

(1) A charging scheme under this Part must—

(a) designate the roads in respect of which charges are imposed,

(b) specify or describe the events by reference to the happening of which a charge is imposed in respect of a motor vehicle being used or kept on a road,

(d) specify the charges imposed, and

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

(2) Subject to sections 164 to 167 and to any modifications made by virtue of section 169, the designation of the roads in respect of which charges are imposed by a charging scheme under this Part shall be such as the charging authority or authorities may determine.

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

(4) A charging scheme under this Part may make provision in relation to the manner in which charges are to be made, collected, recorded and paid.

(5) The charges that may be imposed by a charging scheme under this Part 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, and

(e) different classes of motor vehicles , and

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

(6) In setting the charges imposed by a charging scheme under this Part, regard may be had to the purposes for which any of the net proceeds of the charging scheme may be applied (in accordance with Schedule 12).

(7) A charging scheme under this Part may contain provision requiring—

(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.

Charging schemes: exemptions etc

172

(1) The appropriate national authority may make regulations requiring charging schemes under this Part to contain provision for or in connection with—

(a) exemptions from charges,

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

(2) Subject to regulations under subsection (1) and to section 169(1) and (3), a charging scheme under this Part may contain provision of any of the descriptions specified in that subsection.

(2A) The appropriate national authority may by regulations—

(a) make provision requiring charging schemes under this Part 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 such schemes in a specified manner;

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

(2B) In subsection (2A) “specified” means specified in the regulations.

(3) A road shall not be subject to—

(a) charges imposed by more than one charging scheme under this Part at the same time;

(b) charges imposed by such a charging scheme and a scheme under Schedule 23 to the Greater London Authority Act 1999 at the same time, except with the consent of the Authority.

(4) A road shall not be subject to charges under a charging scheme under this Part if tolls are charged in respect of the use of the road.

Enforcement of charging schemes

Penalty charges

173

(1) The appropriate national authority may by regulations make provision for or in connection with the imposition and payment of charges (“charging scheme penalty charges”) in respect of acts, omissions, events or circumstances relating to or connected with charging schemes under this Part.

(2) The regulations may include provision for or in connection with setting the rates of charging scheme penalty charges (which may include provision for discounts or surcharges).

(3) Charging scheme penalty charges in respect of any motor vehicle shall be paid—

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

(b) in circumstances specified in regulations made by the appropriate national authority, by such person as is so specified.

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

(5) A person commits an offence if with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by a charging scheme under this Part—

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

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

(6) A person commits an offence if he makes or uses any false document with intent to avoid payment of, or being identified as having failed to pay, charges imposed by a charging scheme under this Part or charging scheme penalty charges.

(7) A person commits an offence if he removes a notice of a charging scheme penalty charge which has been fixed to a motor vehicle in accordance with regulations under this section 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 or any of the charging authorities.

(8) A person guilty of an offence under subsection (5) or (6) is 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.

(9) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Examination, entry, search and seizure

174

(1) The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer powers on persons specified in, or determined in accordance with, the regulations for or in connection with examining a motor vehicle for ascertaining—

(a) whether any document required to be displayed while the motor vehicle is on a road in respect of which charges are imposed is so displayed,

(b) whether any equipment required to be carried in or fitted to the motor vehicle while the motor vehicle is on such a road is carried or fitted, is in proper working order

(bb) whether any such equipment, or the functioning of any such equipment, has been interfered with with intent to avoid payment of a charge, or to avoid any person being identified as having failed to pay a charge, or

(2) The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer power on any person authorised in writing by the charging authority, or any of the charging authorities, to enter a motor vehicle where he has reasonable grounds for suspecting that—

(a) any equipment required to be carried in or fitted to it while it is on a road in respect of which charges are imposed has been interfered with , or the functioning of any such equipment 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.

(3) A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by a charging scheme under this Part by virtue of subsection (2).

(4) A person guilty of an offence under subsection (3) is 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) The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer power on any person authorised in writing by the charging authority, or any of the charging authorities, to seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the commission of an offence under section 173(5) or (6).

(6) A charging scheme under this Part may not authorise an examination of, or entry into, a motor vehicle unless it is on a road.

Immobilisation etc

175

(1) The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to make provision for or in connection with—

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

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

(d) the release of motor vehicles from immobilisation devices or from storage,

(e) the satisfaction of conditions before the release of a motor vehicle, and

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

(2) A person commits an offence if he removes or interferes with an immobilisation notice fixed to a motor vehicle in accordance with provision included in a charging scheme under this Part by virtue of subsection (1) in contravention of such provision.

(3) A person commits an offence if he removes or attempts to remove an immobilisation device fitted to a motor vehicle in accordance with provision included in a charging scheme under this Part by virtue of subsection (1) in contravention of such provision.

(4) A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by provision included in a charging scheme under this Part by virtue of subsection (1).

(5) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6) A person guilty of an offence under subsection (3) or (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) In this section “immobilisation device” has the same meaning as in section 104 of the Road Traffic Regulation Act 1984.

(8) A charging scheme under this Part may not authorise or require the fitting of an immobilisation device to, or the removal of, a motor vehicle unless it is on a road.

Supplementary

Equipment etc

176

(1) The charging authority, or any of the charging authorities, in relation to a charging scheme under this Part 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, any buildings or other structures,

used or to be used for or in connection with the operation of a charging scheme under this Part.

(1A) In relation to a charging scheme under section 167 (trunk road charging schemes), a strategic highways company 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, any buildings or other structures,

used or to be used for or in connection with the operation of a charging scheme under that section.

(2) The appropriate national authority may by regulations—

(a) approve standards for equipment installed, or authorised to be installed, by charging authorities for or in connection with the operation of charging schemes under this Part , or

(b) regulate the manner in which such equipment is used.

(3) No equipment may be—

(a) installed for or in connection with the operation of a charging scheme under this Part if it is incompatible with a standard approved under subsection (2)(a).

(b) used for or in connection with the operation of such a scheme otherwise than in accordance with regulations under subsection (2)(b).

Traffic signs

177

(1) The appropriate national authority may direct the charging authority, or any of the charging authorities, in relation to a charging scheme under this Part (other than a trunk road charging scheme) to place and maintain traffic signs, or cause traffic signs to be placed and maintained, in connection with the scheme.

(2) In the case of a joint local-London charging scheme or joint ITA-London charging scheme the Greater London Authority may also exercise the power conferred by subsection (1); but any direction under this subsection shall not have effect if and to the extent that it is inconsistent with a direction under subsection (1).

(3) The appropriate national authority may direct any local traffic authority to place and maintain traffic signs, or cause traffic signs to be placed and maintained, in connection with a trunk road charging scheme.

(3A) The Secretary of State may direct a strategic highways company to place and maintain traffic signs, or cause traffic signs to be placed and maintained, in connection with a trunk road charging scheme.

(4) An authority or a strategic highways company which is or could be given a direction under this section may enter any land, and exercise any other powers which may be necessary, for placing and maintaining traffic signs, or causing traffic signs to be placed and maintained, in connection with any charging scheme in respect of which a direction is or could be given.

(5) A direction under this section shall be given in writing and may be varied or revoked by the authority by which it was given.

(6) In this section “traffic signs” 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.

Chapter II — Workplace parking levy

Licensing schemes

Preliminary

178

(1) In this Part “licensing scheme” means a scheme for imposing charges in respect of the provision of workplace parking places at premises in the area covered by the scheme to be paid on licences covering the provision of a maximum number of such parking places at the premises.

(2) Charges imposed in respect of any premises by a licensing scheme under this Part shall be paid—

(a) by the occupier of the premises, or

(b) in circumstances specified in regulations made by the appropriate national authority, by such person as is so specified.

(3) In this Part “licence” means a licence under a licensing scheme under this Part.

(4) A licence relating to premises must cover the provision at the premises of the number of workplace parking places requested by the applicant for the licence; and in this Part “licensed unit”, in relation to a licence relating to premises, means each unit comprised in the maximum number of workplace parking places which may be provided at the premises under the cover of the licence.

(5) A licensing scheme may be made—

(a) by a non-metropolitan local traffic authority (“a local licensing scheme”),

(b) jointly by more than one non-metropolitan local traffic authority (“a joint local licensing scheme”), or

(c) jointly by one or more non-metropolitan local traffic authorities and one or more London traffic authorities (“a joint local-London licensing scheme”).

(6) In this Part—

(a) “the licensing authority”, in relation to a licensing scheme under this Part made or proposed to be made by one authority, means the authority by which the licensing scheme is or is proposed to be made, and

(b) “the licensing authorities”, in relation to a licensing scheme under this Part made or proposed to be made jointly by more than one authority, means the authorities by which the licensing scheme is or is proposed to be made.

(7) The power to make joint local-London licensing schemes conferred by this Part does not limit any of the powers in Schedule 24 to the Greater London Authority Act 1999 (workplace parking levy in Greater London).

Local licensing schemes

179

(1) A local licensing scheme may cover the whole or any part of the area of the licensing authority.

(2) A local licensing scheme may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of local transport policies of the licensing authority.

Joint local licensing schemes

180

(1) A joint local licensing scheme may cover the whole or any part of the combined area of the licensing authorities.

(2) A joint local licensing scheme may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of local transport policies of the licensing authorities.

Joint local-London licensing schemes

181

(1) A joint local-London licensing scheme may cover—

(a) the whole or any part of the area of the non-metropolitan local traffic authority, or combined area of the non-metropolitan local traffic authorities, by which it is made, and

(b) the whole or any part of any area to which a scheme under Schedule 24 to the Greater London Authority Act 1999 made by the London traffic authority, or any of the London traffic authorities, by which it is made could apply.

(2) A joint local-London licensing scheme may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of—

(a) local transport policies of the non-metropolitan local traffic authority, or ... the non-metropolitan local traffic authorities, by which it is made, and

(b) policies and proposals set out in the transport strategy prepared and published by the Mayor of London under section 142 of the Greater London Authority Act 1999.

Workplace parking places

182

(1) For the purposes of this Part 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 (other than an exempt vehicle) used—

(a) by a relevant person,

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

(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 section “relevant person” means—

(a) the person who provides the parking place in question (“the provider”),

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

(3) For the purposes of subsection (2)(c) 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 section—

“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 or a 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 any premises occupied by 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 occupied by the relevant person,

“employee” means a person employed under a contract of service or apprenticeship, whether express or implied, and (if express) whether oral or in writing, and

“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.

(5) The appropriate national authority may make regulations amending the preceding provisions of this section for the purpose of adding, removing or varying cases where, for the purposes of this Part, a workplace parking place is provided.

Making of licensing schemes

Licensing schemes to be made by order

183

(1) A licensing scheme under this Part is made by order of the licensing authority or of the licensing authorities (acting jointly).

(2) The licensing authority or the licensing authorities (acting jointly) may by order vary a licensing scheme under this Part and the licensing authority or any of the licensing authorities may by order revoke such a scheme.

(3) The appropriate national authority may make regulations about orders making, varying or revoking licensing schemes under this Part, including (in particular)—

(a) provision specifying the form of orders,

(b) provision about the publication of proposals for orders making or varying such licensing schemes and the making and consideration of objections to such proposals, and

(4) Before making regulations under subsection (3) which relate to joint local-London licensing schemes the Secretary of State shall consult the Greater London Authority about the regulations so far as they so relate.

Confirmation of licensing schemes

184

(1) A licensing scheme under this Part shall not come into force unless the order making it has been submitted to and confirmed by the appropriate national authority; and a variation of such a licensing scheme shall not take effect until the order making the variation has been so submitted and confirmed.

(2) Subsection (1) does not apply in such circumstances as may be specified in or determined in accordance with regulations made by the appropriate national authority.

(3) A joint local-London licensing scheme shall not come into force unless the order making it has been submitted to and confirmed by the Greater London Authority; and a variation or revocation of such a licensing scheme shall not take effect until the order making the variation or revocation has been so submitted and confirmed.

(4) Where confirmation of an order is required by this section, the order may be confirmed with or without modifications.

(5) Where confirmation by both the Secretary of State and the Greater London Authority of an order making a joint local-London licensing scheme, or a variation of such a licensing scheme, is required by this section—

(a) the order shall not be submitted to the Secretary of State until it has been confirmed by the Greater London Authority,

(b) if the order has been confirmed by the Greater London Authority with modifications it is the modified order that must be submitted to the Secretary of State, and

(c) the order may not be confirmed with modifications by the Secretary of State until the modifications have been confirmed by the Greater London Authority.

Licensing schemes: consultation and inquiries

185

(1) The licensing authority or the licensing authorities (acting jointly) may at any time before an order making, varying or revoking a licensing scheme under this Part is made, consult other persons about the licensing scheme, variation or revocation.

(2) The licensing authority or the licensing authorities (acting jointly)—

(a) may cause an inquiry to be held in relation to a licensing 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) The appropriate national authority may at any time—

(a) before an order making or varying a licensing scheme under this Part is made, or

(b) (where such an order has to be confirmed) before it is confirmed,

consult other persons, or require the licensing authority or authorities to consult other persons, about the licensing scheme or variation.

(4) The appropriate national authority—

(a) may cause an inquiry to be held in relation to a licensing scheme under this Part 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 licensing scheme—

(a) the Greater London Authority may, at any time before an order making, varying or revoking the licensing scheme is confirmed by that Authority, consult other persons, or require the licensing authorities to consult other persons, about the licensing scheme, variation or revocation, and

(b) the Secretary of State shall not cause an inquiry to be held in relation to the licensing scheme, or the variation of the licensing scheme, or appoint the person or persons by whom such an inquiry is to be held, without the consent of the Greater London Authority.

(6) 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 this section.

(7) Where an inquiry is held by virtue of this section in relation to a licensing scheme or the variation or revocation of such a scheme—

(a) the costs of the inquiry shall be paid by the licensing authority or authorities, and

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

Contents of licensing schemes and licences

Matters to be dealt with in licensing schemes

186

(1) A licensing scheme under this Part must—

(a) designate the area covered by the licensing scheme (“the licensing area”),

(b) state the days on which, and hours during which, a licence is required,

(d) state whether or not the licensing scheme is to remain in force indefinitely and, if it is not to remain in force indefinitely, the period for which it is to remain in force.

(2) Subject to sections 179 to 181 and to any modifications made by virtue of section 184, the designation by a licensing scheme under this Part of the boundaries of the licensing area shall be such as the licensing authority or authorities may determine.

(3) The charges that may be imposed by a licensing scheme under this Part include different charges (which may be no charge) for different cases, including (in particular)—

(a) different days,

(b) different times of day,

(d) different classes of motor vehicles, and

(e) different numbers of licensed units.

(4) In setting the charges imposed by a licensing scheme under this Part, regard may be had to the purposes for which any of the net proceeds of the licensing scheme may be applied (in accordance with Schedule 12).

(5) A licensing scheme may include provision for or in connection with—

(a) the making of an application for a licence,

(b) the grant of a licence,

(d) the variation or revocation of a licence.

Licensing schemes: exemptions etc

187

(1) The appropriate national authority may make regulations requiring licensing schemes under this Part to contain provision for or in connection with—

(a) exemptions from licensing,

(b) the application of reduced rates of charges payable on licences, or

(2) Subject to regulations under subsection (1) and to section 184(1) and (3), a licensing scheme under this Part may contain provision of any of the descriptions specified in that subsection.

(3) The same premises shall not be subject to more than one licensing scheme under this Part, or to such a licensing scheme and a scheme under Schedule 24 to the Greater London Authority Act 1999, at the same time.

(4) In subsection (1) the reference to exemptions from licensing includes (as well as exemptions in respect of any description of premises, persons or motor vehicles) exemption of a specified number of parking places provided at any premises from being workplace parking places, either generally or in the case of any description of premises, persons or motor vehicles.

Licences

188

(1) A licence must—

(a) state the name of the person to whom it is granted,

(b) identify the premises to which it relates,

(c) specify the maximum number of motor vehicles (not counting exempt vehicles) which may be parked at those premises at any one time, and

(d) state the amount of the charge paid on the licence and set out the calculation of that amount.

(2) A licence may be granted subject to conditions.

(3) A licence may not be granted for a period of more than one year.

(4) A person commits an offence if he intentionally provides false or misleading information in or in connection with an application for a licence.

(5) A person guilty of an offence under subsection (4) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum, or

(b) on conviction on indictment, to a fine.

Enforcement of licensing schemes

Penalty charges

189

(1) The appropriate national authority may by regulations make provision for or in connection with the imposition and payment of charges (“licensing scheme penalty charges”) in respect of acts, omissions, events or circumstances relating to or connected with licensing schemes under this Part.

(2) The regulations may include provision for or in connection with setting the rates of licensing scheme penalty charges (which may include provision for discounts or surcharges).

(3) Licensing scheme penalty charges in respect of any premises shall be paid—

(a) by the occupier of the premises, or

(b) in circumstances specified in regulations made by the appropriate national authority, by such person as is so specified.

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

Rights of entry

190

(1) Where a person duly authorised in writing by the licensing authority, or any of the licensing authorities, in relation to a licensing scheme under this Part has reason to believe that workplace parking places are being provided at any premises in the licensing area, he may at any reasonable time enter the premises for ascertaining—

(a) whether any workplace parking places are being provided at the premises without a licence or a licence covering all the workplace parking places being provided, or

(b) whether there is or has been any contravention of the conditions of a licence in respect of the premises.

(2) A person duly authorised in writing by the licensing authority, or any of the licensing authorities, in relation to a licensing scheme under this Part may at any reasonable time enter any premises for the purpose of issuing notice of a licensing scheme penalty charge.

(3) A person authorised under subsection (1) or (2) to enter any premises shall, if so required, produce evidence of his authority before so entering.

(4) A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by subsection (1) or (2).

(5) A person guilty of an offence under subsection (4) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum, or

(b) on conviction on indictment, to a fine.

(6) Where any land is damaged in the exercise of a right of entry conferred under subsection (1) or (2), compensation in respect of that damage may be recovered by any person interested in the land from the authority on whose behalf the entry was effected.

(7) The provisions of section 118 of the Town and Country Planning Act 1990 shall apply in relation to compensation under subsection (6) as they apply in relation to compensation under Part IV of that Act.

Chapter III — General and supplementary

Financial provisions about schemes

191

Schedule 12 contains financial provisions about charging schemes and licensing schemes.

Powers of authorities

192

The charging authority or licensing authority, or any of the charging authorities or licensing authorities, in relation to a charging scheme or licensing scheme under this Part may—

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

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

Guidance

193

(1) The appropriate national authority may issue guidance to non-metropolitan local traffic authorities, Integrated Transport Authorities, combined authorities , combined county authorities and London traffic authorities in relation to the discharge of their functions with respect to charging schemes and licensing schemes under this Part; and such authorities shall, in exercising those functions, have regard to any such guidance.

(2) Before issuing guidance under this section which relates to joint local-London charging schemes, joint ITA-London charging schemes or joint local-London licensing schemes the Secretary of State shall consult the Greater London Authority about the guidance so far as it so relates.

(3) Guidance issued under this section shall be published in such manner as the appropriate national authority by which it is issued considers appropriate; and the appropriate national authority may at any time vary or revoke guidance issued by it under this section.

Information

194

(1) Information obtained by—

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

(b) the National Assembly for Wales, or

may be disclosed to a traffic authority or Integrated Transport Authority, Integrated Transport Authority , combined authority or combined county authority for or in connection with the performance or proposed performance of any of their functions under this Part or with respect to a relevant scheme or proposed relevant scheme.

(2) Information obtained by a traffic authority or Integrated Transport Authority, Integrated Transport Authority , combined authority or combined county authority for or in connection with any of their functions other than functions under this Part may be used by them for or in connection with the performance or proposed performance of any of their functions under this Part or with respect to a relevant scheme or proposed relevant scheme.

(3) Any information—

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

(b) which has been or could be used by an authority by virtue of subsection (2) 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 section 192(b).

(4) Information disclosed to a person under subsection (3)—

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

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

(5) The Secretary of State or the Welsh Ministers may charge a reasonable fee in respect of the cost of supplying information under subsection (1) or (3).

(6) Where a traffic authority or Integrated Transport Authority, Integrated Transport Authority , combined authority or combined county authority 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 subsection (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 section—

“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;

“relevant scheme” means a charging scheme or licensing scheme under this Part.

Determination of disputes, appeals and evidence

195

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

(a) appeals against decisions relating to licences under licensing schemes under this Part or any failure to make such a decision,

(b) the determination of disputes relating to charging schemes or licensing schemes under this Part,

(d) the appointment of persons to hear any such appeals.

(2) 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 Part, or proceedings in respect of a failure to comply with the provisions of a charging scheme or licensing scheme under this Part, to be given by the production of—

(a) a record produced by a device specified in, or determined in accordance with, the regulations, and

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

Crown application

196

(1) Chapter I applies in relation to Crown roads (within the meaning of section 131 of the Road Traffic Regulation Act 1984) as in relation to other roads.

(2) The provisions of this Part and of regulations and schemes under it bind the Crown.

(3) No contravention by the Crown of any of those provisions makes the Crown criminally liable; but—

(a) 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, and

(b) (subject to subsection (4)) those provisions 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—

(a) regulations made under section 174(2), or

(b) section 190(1) or (2),

is exercisable in relation to any motor vehicle in the public service of the Crown or any premises held or used by or on behalf of the Crown.

(5) Nothing in this section affects Her Majesty in her private capacity; and this subsection 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.

Part III: regulations and orders

197

(1) Any power to make regulations under this Part—

(a) is exercisable by statutory instrument,

(b) includes power to make different provision for different cases, and

(2) The power to make an order making, varying or revoking a trunk road charging scheme is exercisable by statutory instrument.

(3) Regulations under paragraph ... 13(5) of Schedule 12 shall not be made without the consent of the Treasury.

(4) Regulations shall not be made by the Secretary of State under—

(a) section 182(5), or

(b) paragraph ... 13(5) of Schedule 12,

unless a draft of the regulations has been laid before, and approved by a resolution of, the House of Commons.

(5) A statutory instrument containing regulations made by the Secretary of State or the Lord Chancellor under any other provision of this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) The references in subsections (4) and (5) to regulations made by the Secretary of State include regulations made by him jointly with the Welsh Ministers.

(7) Regulations shall not be made by the Welsh Ministers under—

(a) section 182(5), or

(b) paragraph 15(4) of Schedule 12,

unless a draft of the regulations has been laid before, and approved by a resolution of, Senedd Cymru.

(8) A statutory instrument containing regulations made by the Welsh Ministers under any other provision of this Part shall be subject to annulment in pursuance of a resolution of Senedd Cymru.

(9) The references in subsections (7) and (8) to regulations made by the Welsh Ministers include regulations made by them jointly with the Secretary of State.

Interpretation of Part III

198

(1) In this Part—

“the appropriate national authority” means—the Secretary of State in relation to charging schemes and licensing schemes relating only to England,the National Assembly for Wales in relation to charging schemes and licensing relating only to Wales, andthe Secretary of State and the National Assembly for Wales, acting jointly, in relation to charging schemes and licensing schemes relating to both England and Wales,

“bridge” means a bridge or viaduct and includes the abutments of a bridge,

“charging authority” and “charging authorities” have the meanings given by section 163(5),

“charging scheme” has the meaning given by section 163(1),

“charging scheme penalty charges” shall be construed in accordance with section 173(1),

“combined authority” has the meaning given by section 163(5A),

“combined county authority” has the meaning given by section 163 (5B);

“eligible local traffic authority” has the meaning given by section 163(4A),

“exempt vehicle”, in relation to a licensing scheme, means a motor vehicle exempt from licensing under the scheme by virtue of regulations under subsection (1) of section 187 or provision included in the scheme by virtue of subsection (2) of that section,

“financial year” means a period of twelve months ending with 31st March,

“joint local charging scheme” shall be construed in accordance with section 163(3)(b),

“joint local-ITA charging scheme” shall be construed in accordance with section 163(3)(bb),

“joint ITA-London charging scheme” shall be construed in accordance with section 163(3)(cc),

“joint local licensing scheme” shall be construed in accordance with section 178(5)(b),

“joint local-London charging scheme” shall be construed in accordance with section 163(3)(c),

“joint local-London licensing scheme” shall be construed in accordance with section 178(5)(c),

“licence” shall be construed in accordance with section 178(3),

“licensed unit” has the meaning given by section 178(4),

“licensing area” shall be construed in accordance with section 186(1)(a),

“licensing authority” and “licensing authorities” have the meanings given by section 178(6),

“licensing scheme” has the meaning given by section 178(1),

“licensing scheme penalty charges” shall be construed in accordance with section 189(1),

“local charging scheme” shall be construed in accordance with section 163(3)(a),

“local licensing scheme” shall be construed in accordance with section 178(5)(a),

“local traffic authority” has the same meaning as in the Road Traffic Regulation Act 1984,

“local transport policies” has the meaning given in section 108(5),

“London traffic authority” means Transport for London, a London borough council or the Common Council of the City of London,

“motor vehicle” has the meaning given in section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) shall apply as it applies for the purposes of the Road Traffic Acts,

“non-metropolitan local traffic authority” shall be construed in accordance with section 163(4),

“operation” includes enforcement (related expressions being construed accordingly),

“registered keeper”, in relation to a charge imposed in respect of 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,

“road” has the same meaning as in the Road Traffic Regulation Act 1984,

“trunk road charging scheme” shall be construed in accordance with section 163(3)(d), and

“workplace parking place” shall be construed in accordance with section 182.

(2) Any reference in this Part to an authority’s local transport policies shall, where the authority is the council of a metropolitan district, be construed as a reference to the local transport policies of the Integrated Transport Authority for the integrated transport area in which the district is included ....

(3) Any reference in this Part 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, in regulations made by the appropriate national authority.

Amendments of Greater London Authority Act

199

Schedule 13 contains amendments of Schedules 23 and 24 to the Greater London Authority Act 1999 in consequence of the provisions of this Part and minor amendments of those Schedules.

Exemption from local non-domestic rating

200

In Schedule 5 to the Local Government Finance Act 1988 (local non-domestic rating: exemptions), after paragraph 18A insert—

(18B) (1) A hereditament which is occupied (as mentioned in section 65 of this Act) is exempt to the extent that— (a) it consists of a road in respect of which charges are imposed by a charging scheme under Schedule 23 to the Greater London Authority Act 1999 or Part III of the Transport Act 2000, or (b) it is used solely for or in connection with the operation of such a scheme. (2) But office buildings are not exempt under sub-paragraph (1)(b) above.

Part IV — Railways

Chapter I — The Strategic Rail Authority

The Authority

201

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Membership and chairing

202

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Other senior appointments

203

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Further provisions

204

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Purposes, strategies and exercise of functions

Purposes

205

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Strategies

206

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Manner of exercise of functions

207

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Directions, guidance and advice by Scottish Ministers

208

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Directions, guidance and advice: supplementary

209

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Validity of transactions

210

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Securing provision of railway services and assets etc.

Financial assistance etc

211

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Securing of services by franchising

212

(1) In section 23 of the Railways Act 1993, in subsection (1) (duty of Authority to designate passenger services as eligible for provision under franchise agreements), for the words after “designate” substitute “ such services for the carriage of passengers by railway (other than services which are, by virtue of section 24 below, exempt from designation under this subsection) as it considers ought to be provided under franchise agreements. ”

(2) In that section, after subsection (2) insert—

(2A) A designation may be varied or revoked; but a variation or revocation of the designation of particular services, or services of a class or description, shall not affect any franchise agreement previously entered into with respect to those services or services of that class or description. (2B) The Authority shall publish designations, and any variations or revocations of designations, in such manner as it considers appropriate.

(3) In section 26 of that Act (invitations to tender for franchise), after subsection (3) insert—

(4) The directions which may be given under subsection (1) above (at any time when the Secretary of State considers it inappropriate that the person who is to be the franchisee under a franchise agreement should be selected after an invitation to tender) include— (a) a direction that that person is to be the person specified in the direction, and (b) a direction requiring the Authority to select that person in such manner as is so specified, (as well as a direction authorising the Authority to select that person in such other manner as it may consider appropriate). (5) The Secretary of State shall prepare and publish a statement of policy with respect to directions under subsection (1) above. (6) The statement shall (in particular) contain the Secretary of State’s policy about— (a) when he will consider giving a direction (including, in particular, when he will consider doing so in relation to a franchise agreement which is to replace an earlier franchise agreement before the end of its franchise term); and (b) the sorts of direction which he will consider giving in particular circumstances. (7) In deciding whether to give a direction, and (if so) what direction to give, the Secretary of State shall have regard to the statement of policy. (8) The Secretary of State— (a) may at any time alter or replace a statement of policy; and (b) shall publish the altered or replacement statement. (9) The Secretary of State shall undertake appropriate consultation when preparing, altering or replacing a statement of policy. (10) When a statement of policy is prepared, altered or replaced, a copy of the statement shall be laid before each House of Parliament.

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

(5) For section 30 of that Act substitute—

(30) (1) The Authority shall provide, or secure the provision of, services for the carriage of passengers by railway where— (a) a direction not to seek to secure the provision of the services under a franchise agreement has been given to the Authority under section 26A or 26B above (and not revoked); or (b) a franchise agreement in respect of the services is terminated or otherwise comes to an end but no further franchise agreement has been entered into in respect of the services (otherwise than because of such a direction). (2) The duty in subsection (1) above in relation to any services ceases if the services begin (or again begin) to be provided under a franchise agreement. (3) Subsection (1) above does not— (a) require the Authority to provide or secure the provision of services if and to the extent that, in its opinion, adequate alternative railway passenger services are available; (b) preclude it from giving notice under subsection (5) of section 38 below in relation to any of the services, in which case its duty under this section to secure the provision of the services to which the notice relates will (subject to subsections (5) and (6) of that section) terminate on the day specified in the notice in pursuance of paragraph (b) of that subsection; or (c) preclude it from ceasing to provide or secure the provision of any of the services in any case falling within any of paragraphs (a) to (d) of subsection (2) of that section.

(6) In section 18 of that Act (access agreements: contracts requiring approval of Regulator), after subsection (6) insert—

(6A) The grounds on which the Regulator may reject, or approve subject to modifications, a proposed access contract submitted to him pursuant to subsection (5) above include that he considers that the use of the facility for which it provides might impede the provision of services— (a) under a franchise agreement; or (b) under an agreement entered into by the Authority pursuant to its duty under section 30 below.

Limited additional powers to provide railway services

213

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Securing provision of substitute bus and taxi services

214

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Functions of Franchising Director, Regulator and Board

Assumption of functions of Franchising Director

215

(1) Schedule 16 transfers to the Authority the functions of the Franchising Director.

(2) All the property, rights and liabilities of the Franchising Director (including any rights and liabilities relating to staff appointed by him) are by virtue of this section transferred to the Authority.

(3) Nothing in this Part affects the validity of anything done by or in relation to the Franchising Director.

(4) There may be continued by or in relation to the Authority anything (including legal proceedings) which is in the process of being done by or in relation to the Franchising Director when his functions, property, rights and liabilities are transferred to the Authority.

(5) Anything done by the Franchising Director which is in effect immediately before his functions, property, rights or liabilities are transferred to the Authority shall be treated as if done by the Authority.

(6) The Authority shall be substituted for the Franchising Director in private Acts, instruments made under Acts, other documents and legal proceedings.

(7) For the purposes of the Employment Rights Act 1996, where a person employed in the civil service of the state becomes an employee of the Authority by virtue of this section—

(a) his period of employment in the civil service of the state counts as a period of employment with the Authority, and

(b) the change of employment does not break the continuity of the period of employment.

(8) In consequence of the preceding provisions of this section the office of Franchising Director is abolished.

(9) If the Secretary of State determines that there are special circumstances which make it right that the person who is the Franchising Director immediately before the office is abolished should receive compensation, the Secretary of State shall pay to that person such compensation as may be determined by the Secretary of State.

Assumption of certain functions of Regulator

216

Schedule 17 makes provision for the transfer to the Authority of certain functions of the Office of Rail and Road and of associated property, rights and liabilities.

Assumption of Board’s functions relating to transport police

217

(1) Schedule 18 transfers to the Authority the functions of the Board relating to the British Transport Police and associated property, rights and liabilities.

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

Functions relating to Board’s property

218

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Other powers

Power to make bye-laws

219

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Power to make transfer schemes

220

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Power to promote and oppose Bills

221

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Other incidental powers

222

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Chapter II — Other provisions about railways

Directions to provide etc. railway facilities

Regulator’s power to require provision etc. of railway facilities

223

In the Railways Act 1993, after section 16 insert—

(16A) (1) The Regulator may, on an application— (a) made by the Authority, or (b) made by any other person with the consent of the Authority, give to the operator of a network, station or light maintenance depot a direction to provide a new railway facility if the Regulator considers him to be an appropriate person to provide the new railway facility. (2) The Regulator may, on an application— (a) made by the Authority, or (b) made by any other person with the consent of the Authority, give to a person who has an estate or interest in, or right over, an existing railway facility a direction to improve or develop the railway facility if the Regulator considers him to be an appropriate person to improve or develop the railway facility. (3) The Authority’s consent to the making by any other person of an application under subsection (1) or (2) above may be given subject to compliance with conditions (and may be withdrawn if any condition is not complied with before the Regulator decides whether to give the direction). (16B) (1) The Secretary of State may, after consultation with the Regulator, by order grant exemption from subsection (1) or (2) of section 16A above (or from both of those subsections) in respect of such railway facilities as may be specified in the order, but subject to compliance with such conditions (if any) as may be so specified. (2) An exemption under subsection (1) above may be granted in respect of— (a) railway facilities of a particular class or description, or (b) a particular railway facility, or in respect of part only of railway facilities of a particular class or description or a particular railway facility. (3) An exemption under subsection (1) above may be granted generally, to persons of a particular class or description or to a particular person. (4) If a person fails to comply with any condition subject to compliance with which an exemption was granted, the Secretary of State may give a direction declaring that the exemption is revoked, so far as relating to that person, to such extent and as from such date as may be specified in the direction. (5) Subject to subsection (4) above, an exemption, unless previously revoked in accordance with any term contained in the exemption, shall continue in force for such period as may be specified in, or determined by or under, the exemption. (6) Exemptions may make different provision, or be granted subject to compliance with different conditions, for different cases. (16C) (1) An application for a direction under section 16A above must be made to the Regulator in writing. (2) The application must— (a) specify the person to whom the direction would be given; (b) state what it would require him to do; and (c) give the applicant’s reasons for considering that person to be an appropriate person to do what the direction would require him to do. (3) The applicant may at any time vary what the direction would require that person to do by giving to the Regulator notice in writing of the variation; but if the applicant is a person other than the Authority such a notice may only be given with the consent of the Authority. (4) The application or notice of a variation may be accompanied by any written representations which the applicant wishes to make in relation to the direction. (16D) (1) When the Regulator has received the application or notice of a variation, he must— (a) send a copy to the person specified in the application, the Authority (if it is not the applicant) and any other persons who the Regulator considers ought to be sent one; and (b) invite them to make written representations within a period specified in the invitation. (2) If the person specified in the application makes representations that he is not an appropriate person to do what the direction would require him to do, the Regulator must decide that issue in advance of considering any other matters which may be relevant in deciding whether to give the direction. (3) If that person makes such representations but the Regulator decides that he is an appropriate person to do what the direction would require him to do, the Regulator must— (a) notify him of that decision; and (b) invite him to make written representations within a period specified in the invitation about any other matters which may be relevant in deciding whether to give the direction. (4) The Regulator must— (a) send the applicant a copy of any representations received by him in response to any invitation under subsection (1) or (3) above; and (b) invite him to make further written representations within a period specified in the invitation. (5) Subject to subsection (6) below, the Regulator may substitute as the applicant any other person if— (a) the applicant, (b) the other person, and (c) the Authority (if it is neither the applicant nor the other person), consent to the substitution. (6) The applicant may, by giving notice in writing to the Regulator, withdraw or suspend the application at any time before the Regulator decides whether to give the direction. (7) The Regulator may direct— (a) the person specified in the application, (b) the applicant, or (c) any other person (apart from the Authority), to provide him with any information required by him in order to decide whether to give the direction. (8) If a person fails to comply with a direction under subsection (7) above, the High Court or the Court of Session may, on the application of the Regulator, make such order as it thinks fit for requiring the failure to be made good. (9) Such an order may provide that all the costs or expenses of and incidental to the application shall be borne by— (a) the person who failed to comply; or (b) in the case of a company or other association, any officers who are responsible for the failure to comply. (16E) (1) The Regulator may only give a direction to a person under section 16A above to provide, improve or develop a railway facility if he is satisfied that the person will be adequately rewarded for providing, improving or developing the railway facility in accordance with the direction. (2) In considering whether he is so satisfied the Regulator shall take into account (in particular)— (a) any receipts obtained or likely to be obtained by the person (from the Authority, passengers, operators of railway services or any other persons) in connection with, or as a result of, the provision, improvement or development of the railway facility; and (b) any other benefit obtained or likely to be obtained by him in consequence of its provision, improvement or development. (3) Representations made by the applicant for a direction— (a) under section 16C(4) above, or (b) in response to an invitation under section 16D(4) above, may, in particular, include representations as to matters which he considers the Regulator should take into account in deciding whether the person to whom the direction would be given would be adequately rewarded for doing what it would require him to do. (16F) (1) If the Regulator does not consider it right to give a direction under section 16A above in the terms applied for (or to reject the application), he may give a direction under that section in modified terms. (2) The Regulator may include supplementary provisions in any direction under section 16A above, including (in particular)— (a) provision adding detail (for instance, as to the time by which, or standard to which, the person to whom it is given is to do anything which it requires him to do); and (b) provision imposing requirements on the applicant (for instance, to make arrangements for rewarding the person to whom the direction is given or to make payments to him). (3) Before giving a direction under section 16A above which is in modified terms or includes supplementary provisions, the Regulator shall— (a) notify his intention to give a direction to the applicant, the Authority (if it is not the applicant) and any other persons who the Regulator considers ought to be notified; and (b) invite them to make written representations within a period specified in the invitation; and if the applicant makes representations that the direction should not be given, the Regulator shall not give it. (4) Whatever the Regulator’s decision on an application he shall notify the decision to— (a) the person specified in the application; (b) the applicant; and (c) any other persons who he considers ought to be notified. (5) The Regulator may direct the person specified in the application or the applicant to pay to— (a) the other of those persons, or (b) any other person directed to provide information under section 16D(7) above, any such amount as he considers appropriate in respect of costs incurred in connection with the application. (16G) (1) A person shall not be regarded as failing to comply with a direction under section 16A above if he has done everything which it is reasonably practicable to do in order to comply with the direction. (2) If a person is unable to comply with such a direction because he does not have the necessary powers or rights (including rights over land), he shall not be taken to have done everything which it is reasonably practicable to do in order to comply with the direction unless he has done everything which it is reasonably practicable to do in order to obtain those powers or rights. (3) A direction under section 16A above may only be revoked or varied by the Regulator— (a) on the application of the person to whom the direction was given, the applicant for the direction or the Authority (if it was not the applicant); and (b) after consultation with the other persons with power to apply for a revocation or variation. (4) Such a direction may only be varied on an application by the applicant for the direction or the Authority if the Regulator is satisfied that the person to whom the direction was given will be adequately rewarded for providing, improving or developing the railway facility in accordance with the varied direction, taking into account (in particular) the matters specified in section 16E(2) above. (5) The Regulator may grant an application for the variation or revocation of a direction under section 16A above by the applicant for the direction or the Authority on condition that he or it secures that any such compensation as the Regulator may specify is paid to the person to whom the direction was given in respect of any liabilities incurred, or other things done, by him in complying with the direction. (16H) (1) The Regulator shall prepare, and from time to time revise, a code of practice supplementing sections 16A to 16G above and shall publish it in such manner as he considers appropriate. (2) The Regulator shall have regard to the code of practice in the exercise of his functions under those sections. (3) The code of practice may (in particular)— (a) set out minimum periods to be specified in invitations to make representations; (b) include provision about requesting the provision of information prior to giving a direction under section 16D(7) above; (c) specify principles according to which directions to pay costs are to be given under section 16F(5) above; and (d) make provision about the consultation required by section 16G(3)(b) above. (16I) (1) References in sections 16A to 16H above and this section to a railway facility include part of a railway facility. (2) Nothing in any of those sections or a direction under section 16A above— (a) limits any power of the Regulator under any other provision of this Act; or (b) affects any obligation to provide a new railway facility, or to improve or develop an existing railway facility, arising otherwise than from such a direction.

Objectives of Regulator and Secretary of State

Amendment of objectives

224

(1) Section 4 of the Railways Act 1993 (general duties of Regulator and Secretary of State) is amended as follows.

(2) In subsection (1) (objectives)—

(a) for “Secretary of State and the Regulator shall each” substitute “ Regulator shall ”,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ba) to contribute to the development of an integrated system of transport of passengers and goods; (bb) to contribute to the achievement of sustainable development;

and

(d) in paragraph (d) (promotion of competition in provision of railway services), insert at the end “ for the benefit of users of railway services ”.

(3) In subsection (2) (objectives)—

(a) for “Secretary of State and the Regulator shall each” substitute “ Regulator shall ”, and

(b) omit “the Secretary of State or, as the case may be,”.

(4) In subsection (3) (safety and the environment), for “Secretary of State and the Regulator shall each” substitute “ Regulator shall ”.

(5) After that subsection insert—

(3A) Subsections (1) to (3) above shall have effect in relation to the Secretary of State as in relation to the Regulator, except that in their application to the Secretary of State— (a) paragraph (za) of subsection (1) above shall be disregarded; and (b) the references in each of the subsections to the functions transferred or assigned to the Secretary of State under or by virtue of this Part include only the functions transferred or assigned to him under or by virtue of sections 6 to 22 and 37 to 50 below.

(6) In subsection (5) (additional duties of Regulator), for paragraph (a) (duty until 31st December 1996 to take account of guidance of Secretary of State) substitute—

(a) to have regard to any general guidance given to him by the Secretary of State about railway services or other matters relating to railways;

(7) After subsection (7) insert—

(7ZA) Any general guidance given by the Secretary of State to the Regulator about railway services or other matters relating to railways— (a) shall be published by the Secretary of State in such manner as he considers appropriate; and (b) may be varied or revoked.

Enforcement regime

Penalties

225

(1) In the Railways Act 1993, after section 57 insert—

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