Transport Act 2000
- (1) A local transport authority may, in connection with the exercise of any of their functions relating to public transport, require an operator of local services to provide them with any information relating to the matters specified in subsection (2) which is in his possession or control.
- (2) The matters referred to in subsection (1) are—
- (a) the total number of journeys undertaken by passengers on the local services operated by the operator in the authority’s area or any part of its area,
- (b) the structure of fares for those journeys, and
- (c) the total distance covered by vehicles used by him in operating those local services.
- (3) The operator may be required to provide the information in any form in which, having regard to the manner in which the information is kept, it is reasonable to expect him to provide it.
- (4) No information which—
- (a) has been provided under this section, or provided together with information so provided, and
- (b) relates to the affairs of an individual or to a particular business,
shall be disclosed during the lifetime of the individual or while the business continues to be carried on.
- (5) But subsection (4) does not apply to a disclosure made—
- (a) with the consent of the individual or the person for the time being carrying on the business,
- (b) in connection with the investigation of crime or for the purposes of criminal proceedings,
- (c) for the purposes of civil proceedings brought by virtue of this Act or the Transport Act 1985, or
- (d) in order to comply with the order of a court or tribunal.
- (6) A person who discloses information in contravention of subsection (4) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Civil penalties for bus lane contraventions
144
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mandatory travel concessions for journeys not beginning on the London bus network
Mandatory concessions outside Greater London
145
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mandatory concessions: supplementary
146
In this Part—
- “disabled person” means a person who—is blind or partially sighted,is profoundly or severely deaf,is without speech,has a disability, or has suffered an injury, which has a substantial and long-term adverse effect on his ability to walk,does not have arms or has long-term loss of the use of both arms,has a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning, orwould, if he applied for the grant of a licence to drive a motor vehicle under Part III of the Road Traffic Act 1988, have his application refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol,
- “elderly person” means a person who has attained the age of 60 years,
- “eligible service” means—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... a bus service of a class specified in an order made by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales),
- “a half-price travel concession”, in relation to a journey, means reduction of the fare for the journey to not more than one-half of that applicable to an adult who is not entitled to any reduction,
- “London authority” means a London borough council or the Common Council of the City of London,
- “relevant time” means—any time on a Saturday or Sunday or on any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971, ora time during the period from 9.30 a.m. to 11 p.m. on any other day, and
- “travel concession authority” means— a council of a non-metropolitan district in England comprised in an area for which there is no county council, a county council in England, a London authority, a Passenger Transport Executive for an integrated transport area in England, ... the Council of the Isles of Scilly, or a county council or county borough council in Wales.
Variation of mandatory concessions
147
The Welsh Ministers may by order amend either or both of sections 145B and 146 for or in connection with securing that section 145B(1)—
- (a) applies to any person for the time being eligible to receive travel concessions under a scheme under section 93 of the Transport Act 1985 or to any such person of a specified description (as well as to any elderly person and any disabled person),
- (b) applies to travel on any public passenger transport service or to travel on any such service of a specified description (as well as to travel on an eligible service),
- (c) applies to a journey between a place in a travel concession authority’s area and a place outside but in the vicinity of that area or to a journey between places outside but in the vicinity of that area (as well as to a journey between places in that area),
- (d) provides for the reduction of fares to less than one-half of those applicable to adults who are not entitled to any reduction or for waiver of fares, or
- (e) applies, or does not apply, to a journey beginning at a specified time.
Enforcement
148
- (1) An operator commits an offence if he systematically fails to comply with the obligation under section 145A(1) or 145B(1) during any period.
- (2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
- (3) Proceedings for an offence under this section shall not be instituted except—
- (a) by a travel concession authority, or
- (b) by or with the consent of the Director of Public Prosecutions;
and any authority who would not otherwise have power to bring such proceedings shall accordingly have that power.
Reimbursement of operators
149
- (1) Where—
- (a) an operator provides concessions under section 145A(1) in respect of eligible journeys beginning in the area of a travel concession authority in England, or
- (b) an operator provides concessions under section 145B(1) for persons who reside in the area of a travel concession authority in Wales,
the authority shall reimburse the operator for providing the concessions.
- (2) Subject to regulations under subsection (3), the arrangements with respect to reimbursement shall be—
- (a) such as the travel concession authority may agree with the operators who provide concessions
- (i) in respect of eligible journeys beginning in the authority's area (if the authority is in England), or
- (ii) for persons who reside in the authority's area (if the authority is in Wales), or
- (b) in the absence of agreement, such as may be determined by the authority (being the same in the case of all of those operators) not later than 28 days before the date on which the arrangements, or any variations of the arrangements, are to come into operation.
- (3) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by regulations make provision—
- (a) with respect to the determination by travel concession authorities of the amounts to be paid to individual operators, or to any class of operators, by way of reimbursement,
- (b) as to the manner of making any payments due to operators by way of reimbursement, and
- (c) about the terms on which, and the extent to which, travel concession authorities may employ any person as their agent for the purpose of making payments due to operators by way of reimbursement and the descriptions of persons who may be so employed.
Procedure for reimbursement arrangements determined by authority
150
- (1) At least four months before the coming into operation of, or of any variations of, any arrangements with respect to reimbursement determined by a travel concession authority in accordance with section 149(2)(b), the authority shall publish the proposed arrangements, or the proposed variations, in such manner as they consider appropriate.
- (2) Following publication—
- (a) copies of the published material shall be made available at the principal office of the authority,
- (b) a copy of it shall be supplied to every operator of local services who would, in the opinion of the authority, be affected by the proposals, and
- (c) a copy of it shall be supplied to any person on request (whether at the principal office or by post), either free of charge or at a charge representing no more than the cost of providing the copy.
- (3) An operator who considers that he may be prejudicially affected by the proposals may apply to—
- (a) the Secretary of State (in the case of arrangements determined by a travel concession authority in England), or
- (b) the National Assembly of Wales (in the case of arrangements determined by such an authority in Wales),
for a modification of the proposed arrangements, or proposed variations, on the grounds that there are special reasons why they would be inappropriate with respect to one or more local services provided by him.
- (4) An application under subsection (3)(a) shall be made by notice in writing given not later than 56 days after the date on which the arrangements, or the variations, come into operation.
- (4A) An application under subsection (3)(b) shall be made by notice in writing given not later than 28 days after the date on which the arrangements, or the variations, come into operation.
- (5) An application under subsection (3) may not be made unless the applicant has previously given notice in writing of his intention to make the application to the travel concession authority by which the arrangements, or varied arrangements, are being, or have been, determined.
- (6) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales)—
- (a) may make regulations as to the form and content of notices under this section and the manner in which they are to be given,
- (b) may appoint a person to determine an application under subsection (3) on his or its behalf, and
- (c) may by regulations make provision as to the procedure to be followed in connection with applications under subsection (3).
- (7) Regulations made under subsection (6)(c) may in particular make provision—
- (a) as to the conduct of any proceedings held in connection with applications under subsection (3), and
- (b) for applicants or travel concession authorities, or both, to make payments towards the expenses incurred in connection with the determination of such applications.
- (8) On an application under subsection (3) the Secretary of State or the National Assembly for Wales, or (if a person is appointed under subsection (6)(b) to determine the application) the person so appointed, may direct—
- (a) that the arrangements, or varied arrangements, are to have effect with such modifications as are specified in the direction from the time so specified, and
- (b) that the authority shall make a payment of an amount specified in the direction to the applicant.
Travel concessions in Greater London
Concessions in Greater London
151
- (1) Chapter VIII of Part IV of the Greater London Authority Act 1999 (travel concessions on journeys in and around Greater London) has effect subject to the following amendments.
- (2) Section 240 (travel concessions on journeys in and around Greater London) is amended as follows.
- (3) In subsections (1) and (2), for “any persons eligible to receive them in accordance with subsection (5) below” substitute “ such of the persons eligible to receive them in accordance with subsection (5) below as are specified in the arrangements ”.
- (4) In subsection (5), for “are persons, or any description of persons,” substitute “ by an authority are persons appearing to the authority to be persons ” and for paragraphs (b) and (c) substitute—
(b) who are blind; (c) who are partially sighted; (d) who are profoundly or severely deaf; (e) who are without speech; (f) who have a disability, or have suffered an injury, which has a substantial and long-term adverse effect on their ability to walk; (g) who do not have arms or have long-term loss of the use of both arms; (h) who have a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning; or (i) who, if they applied for the grant of a licence to drive a motor vehicle under Part III of the Road Traffic Act 1988, would have their applications refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol.
- (5) After that subsection insert—
(5A) The Secretary of State may issue guidance to local authorities to which they must have regard in determining whether a person falls within subsection (5)(b) to (i) above. (5B) Before issuing guidance under subsection (5A) above the Secretary of State shall consult— (a) the Disabled Persons Transport Advisory Committee; (b) associations representative of local authorities; and (c) such other persons as he thinks fit.
- (6) In section 241(1) (reserve free travel scheme), after “provided for” insert “ all ”.
- (7) Section 242 (requirements as to scope of concessions which must be given if free travel scheme is not to have effect) is amended as follows.
- (8) In subsection (1), after “provide” insert “ (a) ” and insert at the end
; and (b) for the travel concessions granted to them to include the concession specified in subsection (8) below.
- (9) In subsection (2), for “Those journeys” substitute “ The journeys referred to in subsection (1)(a) above ”.
- (10) In subsection (5), for “The requirements of this section as to scope do” substitute “ Subsection (1)(a) above does ”.
- (11) In subsection (7), for “the categories of such residents mentioned in paragraphs (a), (b) and (c)” substitute “ a category specified in any one of the paragraphs ”.
- (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (13) In section 243 (requirements as to uniformity), after subsection (5) insert—
(6) No charge may be made for the issue to an eligible London resident of a travel concession permit relating to the travel concession specified in section 242(8) above.
Financial and competition provisions
Agreements providing for service subsidies
152
- (1) Part V of the Transport Act 1985 (expenditure on public passenger transport services) is amended as follows.
- (2) In section 89 (obligation to invite tenders for subsidised services), for subsections (7) and (8) substitute—
(7) An authority issuing an invitation to tender under this section shall, in determining whether to accept a tender submitted in response to the invitation or which (if any) of several such tenders to accept, have regard in particular to— (a) a combination of economy, efficiency and effectiveness; (b) the implementation of the policies set out in the appropriate bus strategy; and (c) the reduction or limitation of traffic congestion, noise or air pollution. (8) In subsection (7)(b) above “the appropriate bus strategy” means— (a) in the case of a local transport authority (within the meaning of section 108(4) of the Transport Act 2000), their bus strategy; (b) in the case of a district council which is not such an authority, the bus strategy of the council for the county in which the district is situated; and (c) in the case of a Passenger Transport Executive for a passenger transport area, the bus strategy made jointly by the Passenger Transport Authority for the area and the councils for the metropolitan districts comprised in the area.
- (3) In section 90(3) (duty of authority to publish reasons for considering that payment of subsidies to secure service in accordance with accepted tender is conducive to achieving most effective and economic application of funds), for the words from “is conducive” to the end substitute “ accords with section 89(7) of this Act. ”
- (4) In section 92(1) (authorities subsidising public passenger transport services not to inhibit competition between persons providing or seeking to provide such services in their area), for the words from “so conduct” to the end substitute “ have regard to the interests of the public and of persons providing public passenger transport services in their area. ”
Competition test for exercise of bus functions
153
- (1) Schedule 10 contains provision applying competition tests in relation to—
- (a) the exercise of functions relating to advanced quality partnership schemes, quality partnership schemes, advanced ticketing schemes, ticketing schemes , enhanced partnership schemes and subsidised local services,
- (b) voluntary partnership agreements and certain other agreements, decisions and practices relating to bus services.
- (2) A voluntary partnership agreement is any voluntary agreement under which—
- (a) a local transport authority, or two or more local transport authorities, undertake to provide particular facilities, or to do anything else for the purpose of bringing benefits to persons using local services, within the whole or part of their area, or combined area, and
- (b) one or more operators of local services undertake to provide services of a particular standard.
- (3) In subsection (2)—
- “facilities” means—facilities provided at specific locations along routes served, or proposed to be served, by local services within the area to which the agreement relates, orfacilities which are ancillary to such facilities;
- “standard”, in the case of any services, includes—any requirements which the vehicles being used to provide the services must meet,any requirements as to frequency or timing of the services,any requirements as to the maximum fares that may be charged for particular journeys, or for journeys of particular descriptions, on services to which the agreement applies;
- “voluntary agreement” means an agreement made otherwise than under sections 113C to 113O (advanced quality partnership schemes), or under sections 114 to 123 (quality partnership schemes).
Grants to bus service operators
154
- (1) The Secretary of State with the approval of the Treasury (as respects England) or the National Assembly for Wales (as respects Wales) may make grants to operators of eligible bus services towards their costs in operating those services.
- (2) The Secretary of State with the approval of the Treasury (as respects England) or the National Assembly for Wales (as respects Wales) may make provision by regulations as to the method of calculation of grants.
- (3) Subject to the provisions of any such regulations, grants under this section shall be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as may be determined by—
- (a) the Secretary of State with the approval of the Treasury (as respects England), or
- (b) the National Assembly for Wales (as respects Wales).
- (4) A determination under subsection (3) may be made either generally or in relation to particular cases or classes of case.
- (5) In this section “eligible bus services” means bus services of a class (or using vehicles of a class) prescribed by regulations made by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).
- (6) Section 92 of the Finance Act 1965 (grants towards duty charged on bus fuel) and section 111 of the Transport Act 1985 (unregistered and unreliable local services: reduction of fuel duty grant) cease to have effect.
Penalties
155
- (1) Where a traffic commissioner is satisfied that the operator of a local service has, without reasonable excuse—
- (a) failed to operate a local service registered under section 6 of the Transport Act 1985,
- (aa) failed to comply with the requirements of regulations made under section 6(9)(i), (j) or (k) of that Act,
- (ab) failed to comply with a requirement to provide information imposed by virtue of section 6C of that Act,
- (b) operated a local service in contravention of that section or section 113J(4) or (5), 118(4) , 129(1)(b) or 138J(9) of this Act,
- (ba) failed to comply with a requirement imposed by virtue of section 123X(7)(c), 134B(7)(c) or 138S(7)(c) of this Act, or
- (c) failed to comply with section 134F, 138 or 140(3) of this Act, or with regulations under section 141A of this Act
he may make one or more orders under subsection (1A).
- (1ZA) Where a traffic commissioner is satisfied that—
- (a) a person has operated a local service in contravention of section 123J(3) of this Act, and
- (b) in operating the local service, the person has failed to take all reasonable precautions and to exercise all due diligence to avoid contravening section 123J(3) of this Act,
the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).
- (1ZB) Where a traffic commissioner is satisfied that—
- (a) a person has operated a local service in contravention of section 138J(9) of this Act, and
- (b) in operating the local service, the person has failed to take all reasonable precautions and to exercise all due diligence to avoid contravening section 138J(9) of this Act,
the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).
- (1ZC) Where a traffic commissioner is satisfied that the operator of a local service has failed to take all reasonable steps to comply with a requirement imposed under section 143A of this Act, the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).
- (1ZD) Where a traffic commissioner is satisfied that the operator of a local service has failed to take all reasonable steps to comply with a requirement imposed under section 143B the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).
- (1ZE) Where a traffic commissioner is satisfied that the operator of a local service has, without reasonable excuse, failed to comply with a requirement of regulations made under section 181A of the Equality Act 2010, the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).
- (1A) The orders are—
- (a) an order that the operator pay a penalty of such amount as is determined in accordance with subsection (3);
- (b) an order that the operator expend such sum of money as is determined in accordance with subsection (3) in the manner mentioned in subsection (1B);
- (c) an order that the operator provide compensation (see subsection (1C)) to passengers of such description as is specified in the order;
- (d) an order of such other description as the Secretary of State (as respects England) or the Welsh Ministers (as respects Wales) may by order prescribe for the purposes of this paragraph.
- (1B) An order under subsection (1A)(b) may require the operator to expend money on or towards—
- (a) the provision of specified local services or specified facilities to be used in connection with such services;
- (b) specified improvements in such services or facilities.
In this subsection “specified” means specified in the order.
- (1C) Compensation under subsection (1A)(c)—
- (a) may take the form of payments of money, or
- (b) may take such other form (including the provision of free travel or travel at a reduced price) as is specified in the order;
and shall be of such amount, or equivalent in value to such amount, as is determined in accordance with subsection (3).
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The amount mentioned in subsections (1A)(a) and (b) and (1C) is such amount as the traffic commissioner thinks fit in all the circumstances of the case, but must not exceed —
- (a) £550, or
- (b) such other amount as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order specify,
multiplied by the total number of vehicles which the operator is licensed to use under all the PSV operator’s licences held by him.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) After making an order under subsection (1A) , the traffic commissioner must at once give notice in writing to—
- (a) the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales), and
- (b) the operator.
- (6) The operator may appeal to the Upper Tribunal against the making of the order.
- (6A) If the operator fails to comply with an order under subsection (1A)(b), (c) or (d), the traffic commissioner may order the operator to pay a penalty of such amount as is determined in accordance with subsection (6B).
- (6B) That amount is such amount as the traffic commissioner thinks fit in all the circumstances of the case, but must not exceed 110% of the maximum amount which may be ordered in accordance with subsection (3).
- (7) An amount ordered to be paid under subsection (1A)(a) or (6A) is—
- (a) payable to the Secretary of State (as respects England) or the Welsh Ministers (as respects Wales), and
- (b) recoverable as a civil debt.
- (8) Other provisions that may need to be considered include the following provisions of the Transport Act 1985—
- (a) sections 26 and 27 (attachment of conditions to PSV operator's licence),
- (b) sections 27A and 27B (additional powers of traffic commissioner where services are not operated as registered etc).
Non-metropolitan transport grants
156
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Grants to Passenger Transport Authorities
157
- (1) The Secretary of State may, with the approval of the Treasury, make grants to the Integrated Transport Authority for an integrated transport area in England for the purpose of enabling the Authority, or the Passenger Transport Executive for the area, to carry out any of their functions.
- (1A) The Secretary of State may, with the approval of the Treasury, make grants to a combined authority for the purpose of enabling the authority to carry out any of their functions.
- (1B) The Secretary of State may, with the approval of the Treasury, make grants to a combined county authority for the purpose of enabling the authority to carry out any of their functions.
- (2) Grants under this section shall be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as the Secretary of State may, with the approval of the Treasury, determine.
- (3) A determination under subsection (2) may be made either generally or in relation to particular cases or classes of case.
Repayment of grants towards bus fuel duty
158
- (1) Section 111 of the Transport Act 1985 (unregistered and unreliable local services: requirement to repay twenty per cent. of bus fuel duty grants) is amended as follows (until it ceases to have effect as a result of section 154(6)).
- (2) For subsections (2) to (4) substitute—
(2) If any amount has been paid to the operator by way of grant under section 92 of the Finance Act 1965 (grants towards duty charged on bus fuel) in respect of any services operated during the period of three months ending with the day on which the determination under subsection (1) above is made, there is due from the operator— (a) to the Secretary of State (as respects England); or (b) to the National Assembly for Wales (as respects Wales), such percentage of that amount as the traffic commissioner thinks fit in all the circumstances of the case. (3) The percentage determined shall be at least one per cent. but not more than twenty per cent. (4) A traffic commissioner who makes a determination under this section shall at once give notice in writing to— (a) the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales); and (b) the operator; and the operator may appeal to the Transport Tribunal against the determination.
- (3) In subsection (5), omit—
- (a) “to the Secretary of State”, and
- (b) the words from “and any amount” to the end.
Abolition of financial plans of Passenger Transport Executives
159
Sections 3 to 5 of the Transport Act 1983 (duty of Passenger Transport Executives to prepare three-year financial plans and determination of revenue grants) shall cease to have effect.
Supplementary
Part II: regulations and orders
160
- (1) Any power to make regulations or orders under this Part—
- (a) is exercisable by statutory instrument,
- (b) includes power to make different provision for different cases, and
- (c) may be exercised so as to make incidental, consequential, supplementary or transitional provision or savings.
- (2) A statutory instrument containing regulations or an order made by a Minister of the Crown under this Part (whether alone or jointly with the National Assembly for Wales) , other than regulations under section ... 138F(10), 138G(9) , 141A(1) or 151A(3)(b) or an order under section 155(1A)(d), shall be subject to annulment in pursuance of a resolution of either House of Parliament.
- (2A) A statutory instrument containing regulations under section ... 138F(10), 138G(9) , 141A(1) or 151A(3)(b) shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
- (3) A statutory instrument containing an order under section 155(1A)(d) shall not be made—
- (a) as respects England, unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament;
- (b) as respects Wales, unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
Part II: minor and consequential amendments
161
Schedule 11 makes minor and consequential amendments relating to this Part.
Interpretation of Part II
162
- (1) In this Part—
- “advanced quality partnership scheme” is to be construed in accordance with section 113C(2),
- “advanced ticketing scheme” is to be construed in accordance with section 134C(3),
- “appropriate national authority”, in relation to a quality partnership scheme, a quality contracts scheme or a ticketing scheme, means—...the National Assembly for Wales, as respects a scheme relating to an area in Wales, orthe Secretary of State and the National Assembly for Wales acting jointly, as respects a scheme relating to an area in England and Wales,
- “bus services” means services using public service vehicles,
- “community bus permit” means a permit under section 22 of the Transport Act 1985,
- “connecting rail or tram service”— in relation to an advanced ticketing scheme, has the meaning given by section 134C(3), and in relation to a ticketing scheme, has the meaning given in section 135(5),
- “council in Scotland” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994,
- “disabled person” has the meaning given in section 146,
- “effective time”, in relation to a local service contract, has the meaning given by section 123J(7),
- “elderly person” has the meaning given in section 146,
- “eligible service” has the meaning given in section 146,
- “enhanced partnership plan” and “enhanced partnership scheme” have the meaning given by section 138A,
- “exempt continuation proposal” is to be read in accordance with section 131B,
- “franchising authority” has the meaning given by section 123A(4),
- “franchising scheme” is to be construed in accordance with section 123A(3),
- “half-price travel concession” has the meaning given in section 146,
- “interim service” has the meaning given by section 123O,
- “local service contract” has the meaning given by section 123A(5),
- “local transport authority” has the meaning given in section 108(4),
- “local transport policies” has the meaning given in section 108(5),
- “London authority” has the meaning given in section 146,
- “London transport authority” means the Greater London Authority, a London borough council or the Common Council of the City of London,
- “mayoral CCA” has the meaning given by section 27(8) of the Levelling-up and Regeneration Act 2023;
- “mayoral combined authority” has the meaning given by section 107A of the Local Democracy, Economic Development and Construction Act 2009,
- ...
- “quality contract” has the meaning given in section 124(4),
- “quality contracts scheme” is to be construed in accordance with section 124(3),
- “quality partnership scheme” is to be construed in accordance with section 114(2),
- “railway” and “tramway” have the meanings given in section 67(1) of the Transport and Works Act 1992,
- “relevant time” has the meaning given in section 146,
- “scheme sub-area” has the meaning given by section 123H,
- “service permit” has the meaning given by section 123P,
- “ticketing scheme” is to be construed in accordance with section 135(3),
- “traffic regulation order” means an order under the Road Traffic Regulation Act 1984 or any other enactment (other than this Act) regulating the use of roads or other places by public service vehicles, and
- “travel concession authority” has the meaning given in section 146.
- (2) In this Part the expressions listed below have the same meaning as in the Public Passenger Vehicles Act 1981—
- “fares”,
- “modification”,
- “public service vehicle”,
- “PSV operator’s licence”,
- “road”, and
- “traffic commissioner”.
- (3) In this Part the expressions listed below have the same meaning as in the Transport Act 1985—
- “local service”,
- “public passenger transport services”,
- “stopping place”, and
- “traffic area”.
- (4) Where a reference to an authority in any of the following provisions is to an Integrated Transport Authority, it is to be construed as a reference to the Passenger Transport Executive for the integrated transport area concerned; and where a reference to authorities in any of those provisions is to one or more Integrated Transport Authorities, it is to be construed as a reference to the Passenger Transport Executive or Executives for the integrated transport area or areas concerned—
- section 114(2)(a),
- section 116(2)(a), (4)(a), (4A)(a) and, in the second place, (4C),
- section 118(1) and (2),
- ...
- ...
- ...
- ...
- ...
- ...
- ...
- ...
- section 139(5), and
- section 140.
- (4A) Where a reference to an authority in any of the following provisions is to an Integrated Transport Authority, it is to be construed as including a reference to the Passenger Transport Executive for the integrated transport area concerned—
- section 153(2)(a),
- in Schedule 10, paragraph 17(5)(b) and (8).
- (5) References in this Part to Integrated Transport Authorities and Passenger Transport Executives and to integrated transport areas are references respectively to the Integrated Transport Authorities and Passenger Transport Executives, and to integrated transport areas, for the purposes of Part II of the Transport Act 1968.
- (5A) In this Part “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.
- (5B) In this Part “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) References in this Part to the operator of a passenger transport service of any description are to be construed in accordance with section 137(7) of the Transport Act 1985.
Part III — Road user charging and workplace parking levy
Chapter I — Road user charging
Charging schemes
Preliminary
163
- (1) In this Part “ch.arging scheme” means a scheme for imposing charges in respect of the use or keeping of motor vehicles on roads.
- (2) Charges imposed in respect of any motor vehicle by a charging scheme under this Part 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.
- (3) A charging scheme may be made—
- (a) by a non-metropolitan local traffic authority (“a local charging scheme”),
- (b) jointly by more than one non-metropolitan local traffic authority (“a joint local charging scheme”),
- (bb) jointly by an Integrated Transport Authority , combined authority or combined county authority and one or more eligible local traffic authorities (“a joint local-ITA charging scheme”),
- (c) jointly by one or more non-metropolitan local traffic authorities and one or more London traffic authorities (“a joint local-London charging scheme”),
- (cc) jointly by an Integrated Transport Authority , combined authority or combined county authority, one or more eligible local traffic authorities and one or more London traffic authorities (“a joint ITA-London charging scheme”), or
- (d) by the Secretary of State or the National Assembly for Wales (“a trunk road charging scheme”).
- (4) In this Part references to a non-metropolitan local traffic authority are to a local traffic authority for an area outside Greater London.
- (4A) In this Part “eligible local traffic authority” means, in relation to any Integrated Transport Authority for an integrated transport area , combined authority or combined county authority, a local traffic authority which is a council falling within subsection (4B) for—
- (a) an area which lies within the Authority's area,
- (b) an area which adjoins the Authority's area,
- (c) an area which adjoins an area falling within paragraph (b).
- (4B) The councils are—
- (a) a county council in England,
- (b) a council for a non-metropolitan district comprised in an area for which there is no county council,
- (c) a metropolitan district council.
- (5) In this Part—
- (a) “the charging authority”, in relation to a charging scheme under this Part made or proposed to be made by one authority, means the authority by which the charging scheme is or is proposed to be made, and
- (b) “the charging authorities”, in relation to a charging scheme under this Part made or proposed to be made jointly by more than one authority, means the authorities by which the charging scheme is or is proposed to be made.
- (5A) In this Part “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.
- (5B) In this Part “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
- (6) The power to make joint local-London charging schemes and joint ITA-London charging schemes conferred by this Part does not limit any of the powers in Schedule 23 to the Greater London Authority Act 1999 (road user charging in Greater London).
Local charging schemes
164
- (1) A local charging scheme may only be made in respect of roads for which the charging authority are the traffic authority.
- (2) A local 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 local transport policies of the charging authority.
- (3) A local charging scheme which has effect wholly 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 local transport policies of—
- (a) the charging authority, and
- (b) the Integrated Transport Authority for the integrated transport area or (as the case may be) the combined authority or combined county authority.
- (4) For the purposes of this section and sections 165 and 166—
- (a) a charging scheme has effect wholly outside an integrated transport area if none of the roads in respect of which it is made is in such an area;
- (b) any reference to a charging scheme which has effect wholly, or partly, within an integrated transport area is to be read accordingly.
Joint local charging schemes
165
- (1) A joint local charging scheme may only be made in respect of roads for which any of the charging authorities are the traffic authority.
- (2) A joint local 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 local transport policies of the charging authorities.
- (3) A joint local charging scheme which has effect wholly or 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 local transport policies of—
- (a) the charging authorities, and
- (b) the Integrated Transport Authority for the integrated transport area or (as the case may be) the combined authority or combined county authority.
- (4) Section 164(4) has effect for the purposes of this section.
Joint local-London charging schemes
166
- (1) A joint local-London charging scheme may only be made in respect of—
- (a) roads for which the non-metropolitan local traffic authority, or any of the non-metropolitan local traffic authorities, by which it is made are the traffic authority, and
- (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
- (c) provision about the publication of notice of orders and of their effect.
- (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,
- (c) specify the classes of motor vehicles in respect of which charges are imposed,
- (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,
- (c) different roads,
- (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
- (c) the imposition of limits on the charges payable.
- (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
- (c) whether any conditions relating to the use of any such equipment are satisfied.
- (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,
- (c) the removal and storage of motor vehicles,
- (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,
- (c) by a pupil or student attending a course of education or training provided by 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.
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