Legalize / United Kingdom / Public General Act

Local Transport Act 2008

Type Public General Act

Publication 2008-11-26

Last updated 2023-12-26

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(7) The authorities to which a direction is given must, in carrying out the review and preparing any scheme, do so in the manner that they consider most likely to improve—

(a) the exercise of statutory functions relating to transport in their combined area, and

(b) the effectiveness and efficiency of transport within that area.

Other powers to make orders about arrangements relating to an ITA

Authorities' review of arrangements

82

(1) Any one or more of the authorities falling within subsection (2) may undertake a review of one or more of the matters mentioned in subsection (3).

(2) An authority falls within this subsection if it is—

(a) an ITA,

(b) a district council for an area comprised in an integrated transport area,

(d) a county council or district council for an area which could be comprised in a proposed integrated transport area.

(3) The matters are—

(a) those in relation to which an order may be made under any of sections 84 to 91,

(b) in relation to an ITA or any executive body of the ITA existing at the time of the review, any matter concerning the ITA or the executive body which the ITA has power to determine.

(4) A review under this section must relate to one or more integrated transport areas or proposed integrated transport areas.

(5) Where one or more authorities, having undertaken a review under subsection (1), conclude that the exercise of the power to make an order under any one or more of sections 84 to 91 would improve—

(a) the exercise of statutory functions relating to transport in an integrated transport area or proposed integrated transport area, or

(b) the effectiveness and efficiency of transport within such an area,

they must prepare and publish a scheme relating to the power to make that order or those orders.

(6) In this section a “proposed integrated transport area” means one which may be designated by an order under section 90 (ITA boundary changes).

Secretary of State’s power to direct a review of arrangements

83

(1) The Secretary of State may direct one or more of the authorities falling within subsection (2) (including two or more authorities of the same description) to undertake a review of one or more of the matters mentioned in subsection (3).

(2) An authority falls within this subsection if it is—

(a) an ITA,

(b) a district council for an area comprised in an integrated transport area,

(d) a county council or district council for an area which could be comprised in any proposed integrated transport area to which the direction relates.

(3) The matters are—

(a) those in relation to which an order may be made under any of sections 84 to 91,

(b) in relation to an ITA or any executive body of the ITA existing at the time of the direction, any matter concerning the ITA or the executive body which the ITA has power to determine.

(4) The Secretary of State may give a direction only if the Secretary of State considers that the review and any scheme are likely to improve—

(a) the exercise of statutory functions relating to transport in an integrated transport area or proposed integrated transport area, or

(b) the effectiveness and efficiency of transport within such an area.

(5) A direction under this section must relate to one or more integrated transport areas or proposed integrated transport areas.

(6) A direction may require the preparation and publication of a scheme relating to the power to make an order under any of sections 84 to 91.

(7) If a direction is given to two or more authorities the review must be undertaken jointly by all the authorities subject to the direction.

(8) The provision which may be made by a direction includes provision for—

(a) the timetable for the review and for the preparation and publication of a scheme,

(b) the procedures to be followed in carrying out the review,

(d) the implementation of any scheme.

(9) An authority to which a direction is given must, in carrying out the review and preparing any scheme, do so in the manner that they consider most likely to improve—

(a) the exercise of statutory functions relating to transport in an integrated transport area or proposed integrated transport area, and

(b) the effectiveness and efficiency of transport within such an area.

(10) An authority which is carrying out a review and preparing any scheme in accordance with a direction may include in the review and any scheme—

(a) any matter (whether or not it is the subject of the direction) in relation to which an order may be made under any of sections 84 to 91, and

(b) where the review is carried out by an ITA, whether alone or jointly, any matter concerning the ITA which the ITA has power to determine.

(11) In relation to the dissolution of an integrated transport area (see section 91) the references in subsections (4) and (9) to an integrated transport area have effect as references to the territory comprised in a dissolved integrated transport area.

(12) In this section “proposed integrated transport area” means one which may be designated by an order under section 90 (ITA boundary changes).

Constitutional arrangements

84

(1) The Secretary of State may by order make provision about the constitutional arrangements of an ITA.

(2) “Constitutional arrangements”, in relation to an ITA, means—

(a) the membership of the ITA (including the number and appointment of members of the ITA and the remuneration of, and pensions or allowances payable to or in respect of, any member of the ITA),

(b) the voting powers of members of the ITA (including provision for different weight to be given to the vote of different descriptions of member),

(d) the functions of any executive body of the ITA.

(3) In subsection (2)(c) “executive arrangements” means—

(a) the appointment of an executive,

(b) the functions of the ITA which are the responsibility of an executive,

(c) the functions of the ITA which are the responsibility of an executive and which may be discharged by a committee of the ITA or by a body other than the ITA,

(d) arrangements relating to the review and scrutiny of the discharge of functions,

(e) access to information on the proceedings of an executive of the ITA,

(f) the disapplication of section 15 of the Local Government and Housing Act 1989 (c. 42) (duty to allocate seats to political groups) in relation to an executive of the ITA or a committee of such an executive,

(g) the keeping of a record of any arrangements relating to the ITA and falling within paragraphs (a) to (f).

(4) The provision which may be made by an order by virtue of subsection (2)(d) includes—

(a) provision setting up or dissolving an executive body of an ITA, or merging two or more executive bodies of an ITA,

(b) provision conferring functions on, or removing functions from, an executive body of an ITA,

(c) provision transferring functions of an ITA to an executive body of the ITA, and transferring functions of an executive body of an ITA to the ITA.

(5) An order may not provide for the budget of an ITA to be agreed otherwise than by the ITA.

Provision that may be made in an order under section 84: membership of ITA

85

(1) An order made by virtue of section 84(2)(a) which includes provision about the number and appointment of members of the ITA must provide—

(a) for a majority of the members of the ITA to be appointed by the ITA's constituent councils (see subsection (2)),

(b) for those members to be appointed from among the elected members of the constituent councils, and

(c) for each of the representative councils (see subsection (3)) to appoint at least one of its elected members as a member of the ITA.

(2) For the purposes of this section, the constituent councils of an ITA are—

(a) any county council, and

(b) any district council,

for an area within the integrated transport area of the ITA.

(3) For the purposes of subsection (1)(c), the following councils are representative councils in respect of an area which is, or is to be designated as, the integrated transport area of an ITA—

(a) if that area includes the whole of a county, the county council;

(b) if that area includes a metropolitan district or a non-metropolitan district comprised in an area for which there is no county council, the district council;

(c) if that area includes one or more districts in a county but does not include the whole county, either the county council or the council for each of those districts (as determined by or in accordance with the order).

(4) If an order under section 84 provides (by virtue of subsection (2)(a) of that section) for members of an ITA to be appointed otherwise than from among the elected members of its constituent councils, the order must provide (by virtue of subsection (2)(b) of that section) for those members to be non-voting members.

(5) The voting members of an ITA may resolve that provision made in accordance with subsection (4) is not to apply in the case of the ITA.

Delegation of functions of the Secretary of State

86

(1) The Secretary of State may, to any extent, by order delegate to an ITA or an eligible local transport authority any function of the Secretary of State—

(a) which does not consist of a power to make regulations or other instruments of a legislative character or a power to fix fees or charges, and

(b) which the Secretary of State considers can appropriately be exercised by the ITA or eligible local transport authority.

(2) A delegation by virtue of this section may be made subject to conditions.

(3) “Eligible local transport authority” means an authority which has been designated as a local transport authority by an order under section 90 or 91of this Act or section 106 or 107 of the Local Democracy, Economic Development and Construction Act 2009.

Delegation of local authority functions

87

(1) The Secretary of State may, to any extent, by order provide for the delegation to an ITA, or to an eligible local transport authority, of any function of a local authority—

(a) which is exercisable by the local authority in relation to an area which is comprised in the ITA's integrated transport area or the eligible local transport authority's area, and

(b) which the Secretary of State considers can appropriately be exercised by the ITA or eligible local transport authority.

(2) A delegation by virtue of this section may be made subject to conditions.

(3) An order under this section which provides for the delegation of any function of a charging authority within the meaning of Part 3 of the TA 2000 may be made—

(a) where the area in relation to which the order has effect comprises all or part of the area of one charging authority, only with the consent of that authority;

(b) where that area comprises all or part of the area of two or more charging authorities, only with the consent of a majority of those authorities.

(4) “Local authority” means—

(a) a county council,

(b) a district council.

(5) “Eligible local transport authority” means an authority which has been designated as a local transport authority by an order under section 90 or 91of this Act or section 106 or 107 of the Local Democracy, Economic Development and Construction Act 2009.

Conferral of a power to direct

88

(1) The Secretary of State may by order confer on—

(a) an ITA, or

(b) an authority which has been designated as a local transport authority by an order under section 90 or 91of this Act or section 106 or 107 of the Local Democracy, Economic Development and Construction Act 2009,

a power to give a direction about the exercise of an eligible power.

(2) An “eligible power” means a power of a council for a county, metropolitan district or non-metropolitan district comprised in an area for which there is no county council, which the council has—

(a) as highway authority by virtue of section 1 of the Highways Act 1980 (c. 66), or

(b) as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984 (c. 27).

(3) In this section references to a power do not include references to a duty.

(4) A power of direction under this section must relate only to the exercise of an eligible power in—

(a) the area of the directing authority, and

(b) the area of the authority subject to the direction.

(5) Where an authority has been designated as a local transport authority by an order under section 91 (dissolution of an integrated transport area), the reference in subsection (4) to the area of the authority is a reference to the territory previously comprised in the integrated transport area.

(6) A power of direction under this section must relate only to the exercise of an eligible power in respect of—

(a) a particular road (whether or not specified in the order), or

(b) a description of road (whether or not specified in the order).

(7) In subsection (6) “road”—

(a) has the meaning given by section 142(1) of the Road Traffic Regulation Act 1984, and

(b) does not include any road which is the subject of a concession agreement under Part 1 of the New Roads and Street Works Act 1991 (c. 22).

(8) A power of direction under this section must relate only to any one or more of—

(a) the provision of information about the exercise of an eligible power which the authority subject to the direction has or might reasonably be expected to acquire,

(b) the imposition on such an authority of requirements relating to procedures to be followed prior to the exercise of an eligible power,

(c) the imposition on such an authority of requirements relating to the obtaining of consent prior to the exercise of an eligible power,

(d) the imposition on such an authority of conditions subject to which an eligible power may be exercised (including conditions relating to the times at which, and the manner in which, an eligible power may be exercised),

(e) a requirement to exercise an eligible power (including a requirement to exercise an eligible power subject to conditions),

(f) a prohibition on the exercise of an eligible power.

(9) A power of direction under this section may be conferred subject to conditions.

(10) Any direction given by virtue of this section—

(a) must be given in writing and may be varied or revoked by a further direction in writing, and

(b) may make different provision for different cases and different provision for different areas.

(11) If an order makes provision for a direction by virtue of subsection (8)(e), the order must make provision for the direction not to have effect unless the directing authority meets the cost of complying with the direction.

(12) An order under this section must not provide that an authority is subject to concurrent directions given by more than one directing authority about the exercise of the same eligible power.

Contravention of an order under section 88

89

(1) An order under section 88 may provide that, if an authority exercises any power in contravention of a direction under such an order, the directing authority may take such steps as it considers appropriate to reverse or modify the effect of the exercise of the power.

(2) For the purposes of subsection (1), the directing authority has power to exercise any power of the authority subject to the direction on behalf of that authority.

(3) Any reasonable expenses incurred by the directing authority in taking any steps under subsection (1) are recoverable from the authority subject to the direction as a civil debt.

Changing the boundaries of an integrated transport area

90

(1) The Secretary of State may by order designate an integrated transport area in England by—

(a) including a county or district in an integrated transport area, or

(b) removing a county or district from an integrated transport area.

(2) No part of an integrated transport area established under this section may be separated from the rest of it by a territory which is part of another local government area but which is not included in the integrated transport area.

(3) Where by virtue of an order a territory ceases to be comprised in an integrated transport area, the order—

(a) must make provision for designating an authority to be a local transport authority for the territory for the purposes of section 108(4) of the TA 2000, and

(b) may transfer functions to that authority from the ITA which was formerly the local transport authority.

(4) Provision made by virtue of subsection (3) may designate different authorities for different parts of the territory.

(5) The reference in subsection (3)(a) to an authority does not include—

(a) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 , or

(b) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.

(6) Subsection (3) does not apply if the territory becomes part of—

(a) the area of a combined authority by virtue of an order under section 103 or 106 of the Local Democracy, Economic Development and Construction Act 2009 , or

(b) the area of a combined county authority by virtue of regulations under section 9(1) or 25(1) of the Levelling-up and Regeneration Act 2023.

Dissolution of an integrated transport area

91

(1) The Secretary of State may by order dissolve an integrated transport area and abolish the ITA for the integrated transport area.

(2) The order—

(a) must make provision for designating an authority to be a local transport authority for the territory previously comprised in the integrated transport area for the purposes of section 108(4) of the TA 2000, and

(b) may transfer functions to that authority from the ITA which was formerly the local transport authority.

(3) Provision made by virtue of subsection (2) may designate different authorities for different parts of the territory.

(4) The reference in subsection (2)(a) to an authority does not include—

(a) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 , or

(b) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.

(5) Subsection (2) does not apply to a territory or part of a territory that becomes—

(a) the area or part of the area of a combined authority by virtue of an order under section 103 or 106 of the Local Democracy, Economic Development and Construction Act 2009 , or

(b) the area or part of the area of a combined county authority by virtue of regulations under section 9(1) or 25(1) of the Levelling-up and Regeneration Act 2023.

Further provision about orders

Orders under sections 84 to 91

92

(1) This section applies to an order made under any of sections 84 to 91.

(2) An order may be made only if the Secretary of State, having had regard to a scheme prepared and published under section 82 or 83, considers that the making of the order is likely to improve—

(a) the exercise of statutory functions relating to transport in the area or areas to which the order relates, or

(b) the effectiveness and efficiency of transport within that area or those areas.

(3) The requirement in subsection (2) to have regard to a scheme does not apply in relation to any matter if a direction has been given under section 83 in relation to the matter and any period specified in the direction for the preparation and publication of a scheme has expired.

(4) Before making an order the Secretary of State must consult—

(a) such representatives of authorities mentioned in sections 82(2) and 83(2), and

(b) such other persons (if any),

as the Secretary of State considers appropriate.

(5) In making an order the Secretary of State must have regard to the need—

(a) to reflect the identities and interests of local communities, and

(b) to secure effective and convenient local government.

(6) An order which makes provision for dissolution of an integrated transport area may be made only with the consent of a majority of the councils falling within subsection (7).

(7) The councils are—

(a) the councils for any metropolitan districts whose areas are comprised in the integrated transport area,

(b) the councils for any counties whose areas are comprised in the integrated transport area,

(8) An order which changes the boundaries of an integrated transport area may be made only if each council mentioned in subsection (9) has consented to the boundary change.

(9) The councils are—

(a) any council for a county or a metropolitan district, and any unitary council, whose area—

(i) is comprised in the existing integrated transport area, and

(ii) would not be comprised in the proposed integrated transport area,

(b) any council for a county or a metropolitan district, and any unitary council, whose area—

(i) is not comprised in the existing integrated transport area, and

(ii) would be comprised in the proposed integrated transport area.

(10) In this section a “unitary council” is a council for a non-metropolitan district comprised in an area for which there is no county council.

(11) This section has effect in relation to the variation or revocation of an order as it has effect in relation to the making of an order.

Incidental etc provision

93

(1) The Secretary of State may by order make incidental, consequential, transitional or supplementary provision for the purposes of, or in consequence of, an order under this Chapter, or for giving full effect to such an order.

(2) The provision which may be included by virtue of this section in an order includes provision for the transfer of property, rights and liabilities by—

(a) the order,

(b) a scheme made by the Secretary of State under the order,

(3) The provision which may be included by virtue of subsection (2) in an order includes provision—

(a) for the creation or imposition by the Secretary of State of new rights or liabilities in respect of anything transferred by or under an order,

(b) for the management or custody of transferred property,

(c) for bodies to make agreements with respect to any property, income, rights, liabilities and expenses of, and any financial relations between, the parties to the agreement.

(4) The provision which may be included by virtue of this section in an order includes provision amending, modifying, repealing or revoking any enactment, whenever passed or made.

(5) The provision which may be included by virtue of subsection (4) does not include provision amending or disapplying sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989 (c. 42) (political balance on local authority committees etc).

(6) In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).

Procedure for orders under this Chapter

94

(1) Any power to make an order under this Chapter is exercisable by statutory instrument.

(2) A statutory instrument containing an order under this Chapter may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(3) If, apart from this subsection, an instrument containing an order under this Chapter would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not a hybrid instrument.

Directions and guidance

Further provision about directions

95

(1) Any direction under section 81 or 83 must be given in writing and may be varied or revoked by a further direction in writing.

(2) Any such direction may make different provision for different cases and different provision for different areas.

Guidance

96

(1) The Secretary of State may give guidance about anything which could be done by a local authority under this Chapter.

(2) Any guidance under this section must be given in writing and may be varied or revoked by further guidance in writing.

(3) Any such guidance may make different provision for different cases and different provision for different areas.

(4) In exercising any function under this Chapter a local authority must have regard to any guidance under this section.

(5) In this section a “local authority” is—

(a) a county council;

(b) a district council;

Power to change name

Change of name of ITA

97

(1) An ITA may, by a resolution in relation to which the requirements mentioned in subsection (2) are met, change the name by which it is known.

(2) The requirements are—

(a) that the resolution is considered at a meeting of the ITA which is specially convened for the purpose,

(b) that particulars of the resolution were included in the notice of the meeting, and

(3) An ITA which changes its name under this section must—

(a) send notice of the change to the Secretary of State, and

(b) publish the notice in such manner as the Secretary of State may direct.

(4) A change of name under this section does not affect the rights or obligations of the ITA concerned or any other person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

Amendment of power to reorganise functions

98

(1) Section 42 of the Local Government Act 1985 (c. 51) (reorganisation of functions by Secretary of State) is amended in accordance with subsections (2) and (3).

(2) In subsection (1)—

(a) omit “any of the following purposes”,

(b) omit paragraph (c),

(3) In subsection (3) omit “any passenger transport authority,”.

(4) In section 9(1) of the TA 1968 (Passenger Transport Areas, etc) omit “Subject to any order under section 42(1)(c) of the Local Government Act 1985 (alteration or abolition of passenger transport areas, etc)”.

Chapter 3 — Power to promote well-being

Power to promote well-being

99

(1) An ITA has power to take any action if the ITA determines that doing so is likely to achieve any one or more of the following objects—

(a) the promotion or improvement of the economic well-being of its area,

(b) the promotion or improvement of the social well-being of its area,

(2) The power under subsection (1) may be exercised in relation to or for the benefit of—

(a) the whole or any part of the integrated transport area, or

(b) all or any persons resident or present in, or travelling in or through, the integrated transport area.

(3) The power under subsection (1) includes power to—

(a) incur expenditure,

(b) give financial assistance to any person,

(d) co-operate with, or facilitate or co-ordinate the activities of, any person,

(e) exercise on behalf of any person any functions of that person, and

(f) provide staff, goods, services or accommodation to any person.

(4) The power under subsection (1) includes power to do anything in relation to, or for the benefit of, any person or area situated outside its area if it considers that doing so is likely to achieve any one or more of the objects in that subsection.

(5) Nothing in subsection (3) or (4) affects the generality of the power under subsection (1).

(6) Subsection (7) applies if there is, in relation to an ITA—

(a) a PTE established under section 9 of the TA 1968 for the integrated transport area of the ITA, or

(b) an executive body established by virtue of section 79(1)(a) or 84(2)(d).

(7) The ITA may delegate to the PTE or executive body its function of taking action under subsection (1) (but not the function of determining what action to take).

Limits on power to promote well-being

100

(1) The power under section 99(1) does not enable an ITA to do anything which the ITA is unable to do by virtue of any prohibition, restriction or limitation on its powers which is contained in any enactment (whenever passed or made).

(2) The power under section 99(1) does not enable an ITA to raise money (whether by precepts, borrowing or otherwise).

(3) The Secretary of State may by order made by statutory instrument make provision preventing ITAs from doing, by virtue of section 99(1), anything which is specified, or is of a description specified, in the order.

(4) The power under subsection (3) may be exercised in relation to—

(a) all ITAs,

(b) particular ITAs, or

(5) Before making an order under subsection (3), the Secretary of State must consult—

(a) such representatives of ITAs,

(b) such representatives of local government, and

as the Secretary of State considers appropriate.

(6) Subsection (5) does not apply to an order under subsection (3) which is made only for the purpose of amending an earlier order under that subsection—

(a) so as to extend the earlier order, or any provision of the earlier order, to a particular ITA or to ITAs of a particular description, or

(b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular ITA or to ITAs of a particular description.

(7) Before exercising the power under section 99(1), an ITA must have regard to any guidance for the time being issued by the Secretary of State about the exercise of that power.

(8) Before issuing any guidance under subsection (7), the Secretary of State must consult—

(a) such representatives of ITAs,

(b) such representatives of local government, and

as the Secretary of State considers appropriate.

(9) In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).

(10) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Power to amend or repeal enactments

101

(1) If the Secretary of State thinks that an enactment (whenever passed or made) prevents or obstructs ITAs from exercising their power under section 99(1), the Secretary of State may by order made by statutory instrument amend, repeal, revoke or disapply that enactment.

(2) The power under subsection (1) may be exercised in relation to—

(a) all ITAs,

(b) particular ITAs, or

(3) The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.

(4) In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).

(5) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Procedure for orders under section 101

102

(1) Before making an order under section 101 the Secretary of State must consult—

(a) such representatives of ITAs,

(b) such representatives of local government, and

as appear to the Secretary of State likely to be affected by the proposals.

(2) If, following consultation under subsection (1), the Secretary of State proposes to make an order under section 101, the Secretary of State must lay before each House of Parliament a document which—

(a) explains the proposals,

(b) sets them out in the form of a draft order, and

(3) Where a document relating to proposals is laid before Parliament under subsection (2), no draft of an order under section 101 to give effect to the proposals (with or without modifications) is to be laid before Parliament in accordance with section 101(5) until after the expiry of the period of sixty days beginning with the day on which the document was laid.

(4) In calculating the period mentioned in subsection (3) no account is to be taken of any time during which—

(a) Parliament is dissolved or prorogued, or

(b) either House is adjourned for more than four days.

(5) In preparing a draft order under section 101 the Secretary of State must consider any representations made during the period mentioned in subsection (3).

(6) A draft order under section 101 which is laid before Parliament in accordance with section 101(5) must be accompanied by a statement of the Secretary of State giving details of—

(a) any representations considered in accordance with subsection (5), and

(b) any changes made to the proposals contained in the document laid before Parliament under subsection (2).

(7) Nothing in this section applies to an order under section 101 which is made only for the purpose of amending an earlier order under that section—

(a) so as to extend the earlier order, or any provision of the earlier order, to a particular ITA or to ITAs of a particular description, or

(b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular ITA or to ITAs of a particular description.

Part 6 — Local and London charging schemes

Involvement of Integrated Transport Authorities

Power of ITAs to make charging schemes

103

(1) Section 163 of the TA 2000 (charging schemes: preliminary) is amended as follows.

(2) In subsection (3) (authorities by which charging schemes may be made)—

(a) after paragraph (b) insert—

(bb) jointly by an Integrated Transport Authority and one or more eligible local traffic authorities (“a joint local-ITA charging scheme”),

;

(b) for “or” at the end of paragraph (c) substitute—

(cc) jointly by an Integrated Transport Authority, one or more eligible local traffic authorities and one or more London traffic authorities (“a joint ITA-London charging scheme”), or

(3) After subsection (4) insert—

(4A) In this Part “eligible local traffic authority” means, in relation to any Integrated Transport Authority for an integrated transport area, 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.

Local charging schemes to implement policies of ITAs

104

(1) Section 164 of the TA 2000 (local charging schemes) is amended as follows.

(2) In subsection (2)—

(a) after “A local charging scheme” insert “ which has effect wholly outside an integrated transport area ”;

(b) for “policies in the charging authority's local transport plan” substitute “ local transport policies of the charging authority ”.

(3) After subsection (2) insert—

(3) A local charging scheme which has effect wholly within an integrated transport area 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. (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 to implement policies of ITAs

105

(1) Section 165 of the TA 2000 (joint local charging schemes) is amended as follows.

(2) In subsection (2)—

(a) after “A joint local charging scheme” insert “ which has effect wholly outside an integrated transport area ”;

(b) for “policies in the charging authorities' local transport plans” substitute “ local transport policies of the charging authorities ”.

(3) After subsection (2) insert—

(3) A joint local charging scheme which has effect wholly or partly within an integrated transport area 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. (4) Section 164(4) has effect for the purposes of this section.

Joint local-ITA charging schemes

106

After section 165 of the TA 2000 (joint local charging schemes) insert—

(165A) (1) A joint local-ITA charging scheme may only be made— (a) in respect of roads for which any of the charging authorities are the traffic authority, and (b) if at least one of the roads in respect of which it is made is within the integrated transport area of the Integrated Transport Authority. (2) A joint local-ITA charging 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 charging authorities.

Joint local-London charging schemes to implement policies of ITAs

107

(1) Section 166 of the TA 2000 (joint local-London charging schemes) is amended as follows.

(2) In subsection (2)—

(a) after “A joint local-London charging scheme” insert “ which has effect wholly outside an integrated transport area ”;

(b) for “policies in the local transport plan” substitute “ local transport policies ”;

(3) After subsection (2) insert—

(3) A joint local-London charging scheme which has effect partly within an integrated transport area 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, 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.

Joint ITA-London charging schemes

108

After section 166 of the TA 2000 (joint local-London charging schemes) insert—

(166A) (1) A joint ITA-London charging scheme may only be made— (a) in respect of roads falling within subsection (2), and (b) if at least one of the roads in respect of which it is made is within the integrated transport area of the Integrated Transport Authority. (2) The roads are— (a) roads for which the eligible local traffic authority, or any of the eligible local traffic authorities, by which the scheme 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 the scheme 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. (3) A joint ITA-London charging 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 eligible local traffic authority, or the eligible local traffic authorities, by which the scheme is made, (b) local transport policies of the Integrated Transport Authority by which the scheme is made, 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.

Consequential amendments

109

Schedule 5 (further amendments relating to the powers of Integrated Transport Authorities in respect of local charging schemes) has effect.

Miscellaneous amendments

Abolition of requirement for confirmation of English schemes

110

(1) Section 169 of the TA 2000 (confirmation of charging schemes) is amended as follows.

(2) In subsection (1)—

(a) after “A charging scheme under this Part” insert “ which relates wholly or partly to Wales ”;

(b) for “the appropriate national authority” substitute “ the Welsh Ministers ”.

(3) In subsection (2) for “the appropriate national authority” substitute “ the Welsh Ministers ”.

(4) Omit subsection (5).

Consultation and inquiries for English schemes

111

(1) Section 170 of the TA 2000 (charging schemes: consultation and inquiries) is amended as follows.

(2) For subsection (1) substitute—

(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, 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.

(3) In subsection (3)—

(a) for “The appropriate national authority” substitute “ The Welsh Ministers ”;

(b) in paragraph (a) after “a charging scheme under this Part” insert “ which relates wholly or partly to Wales ”.

(4) In subsection (4)—

(a) for “The appropriate national authority” substitute “ The Welsh Ministers ”;

(b) in paragraph (a) after “a charging scheme under this Part” insert “ which relates wholly or partly to Wales ”.

(5) Omit subsection (5)(b) and the word “and” preceding it.

Charges

112

(1) In section 171(5) of the TA 2000 (different charges for different cases) after paragraph (e) insert

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

(2) In Schedule 23 to the GLA Act 1999 (road user charging) in paragraph 10(4) (the charges)—

(a) after “different charges (which may be no charge) for” insert “ different cases, including (in particular) ”;

(b) after paragraph (e) insert—

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

Supplementary provision as to charging schemes

113

(1) Section 172 of the TA 2000 (charging schemes: exemptions etc) is amended as follows.

(2) After subsection (2) insert—

(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) For subsection (3) substitute—

(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) In consequence of the amendments made by subsections (1) to (3), the heading to section 172 becomes “ Charging schemes: supplementary provision as to contents ”.

(5) Schedule 23 to the GLA Act 1999 (road user charging) is amended as follows.

(6) In paragraph 9 (the charging area and the roads), at the end of sub-paragraph (4) insert “ , except with the consent of the Authority. ”.

(7) After paragraph 10 (the charges) insert—

(10A) (1) Regulations may— (a) make provision requiring a charging scheme to provide that in specified circumstances— (i) persons of a specified description may pay, and (ii) where those persons so choose, the charging authorities must collect, the charges imposed by the scheme in a specified manner; (b) make provision for or in connection with the arrangements to be made by the charging authority with any person for the purpose of enabling charges to be paid, and collected, as mentioned in paragraph (a). (2) In sub-paragraph (1) “specified” means specified in the regulations.

Suspension of charging schemes

114

After section 172 of the TA 2000 insert—

(172A) (1) The charging authority or the charging authorities (acting jointly) may suspend the operation of a charging scheme under this Part if they consider that it is necessary to do so— (a) in the event of an emergency, to enable or facilitate any action taken in response to the emergency; (b) to enable or facilitate a temporary event to take place. (2) A suspension under this section is for such period as the charging authority or authorities consider necessary— (a) in the case of an emergency, to enable or facilitate the response to the emergency (but in any event no longer than 30 days); (b) in the case of a temporary event, to enable or facilitate the event to take place, together with any associated works undertaken before or after it. (3) A charging scheme may be suspended under this section in whole or in part; and if a scheme is suspended in part that suspension may be in respect of— (a) any road in respect of which charges are imposed; (b) any event by reference to the happening of which a charge is imposed; (c) any class of motor vehicle in respect of which charges are imposed. (4) The charging authority or authorities must publish a notice of any suspension under this section. (5) A notice under subsection (4)— (a) must be published in such manner as the charging authority or authorities consider appropriate to bring the suspension to the attention of all persons who are likely to be affected by it; (b) must state the period for which the scheme is to be suspended. (6) In the case of a suspension under subsection (1)(a), the charging authority or authorities— (a) must keep under review the need for the suspension to continue, and (b) may increase or reduce the period of the suspension (but they may not increase it so as to suspend the scheme for a period of more than 30 days).

Interference with functioning of equipment

115

(1) In section 173 of the TA 2000 (penalty charges), in subsection (5)(a) after “interferes with any equipment” insert “ , or with the functioning of any equipment, ”.

(2) In section 174 of the TA 2000 (examination, entry, search and seizure)—

(a) in subsection (1)(b) for the words from “or has been interfered with” to the end of the paragraph substitute—

(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

;

(b) in subsection (2)(a) after “has been interfered with” insert “ , or the functioning of any such equipment has been interfered with, ”;

(3) Schedule 23 to the GLA Act 1999 (road user charging) is amended as follows.

(4) In paragraph 25(1)(a) (offences) after “interferes with any equipment” insert “ , or with the functioning of any equipment, ”.

(5) In paragraph 26 (examination of motor vehicles etc)—

(a) in sub-paragraphs (1)(b)(iii) and (2)(a) and (b) after “to avoid payment of, or” insert “ to avoid any person ”;

(b) after sub-paragraph (2) insert—

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

Use of equipment for charging schemes

116

(1) Section 176 of the TA 2000 (equipment etc) is amended as follows.

(2) In subsection (2)—

(a) the words from “approve standards for equipment” to the end of the subsection become paragraph (a) of that subsection;

(b) after paragraph (a) insert

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

(3) In subsection (3)—

(a) the words from “installed for or in connection with” to the end of the subsection become paragraph (a) of that subsection;

(b) for “subsection (2)” substitute “ 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).

(4) In Schedule 23 to the GLA Act 1999 (road user charging) paragraph 29 (approval of equipment) is amended as follows.

(5) In sub-paragraph (1)—

(a) the words from “the equipment” to the end of the sub-paragraph become paragraph (a);

(b) after paragraph (a) insert

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

(6) After sub-paragraph (3) insert—

(3A) Where the Secretary of State considers that— (a) directions under sub-paragraph (1)(b) above regarding the use of equipment in connection with a charging scheme are incompatible with regulations under section 176(2)(b) of the Transport Act 2000, and (b) the incompatibility is detrimental to the interests of persons resident in England outside Greater London, he may give notice of that fact to the Authority. (3B) Where the Secretary of State has given notice under sub-paragraph (3A) above to the Authority, the equipment in question may no longer be used in connection with a charging scheme except with the authorisation of the Secretary of State.

(7) In each of sub-paragraphs (4) and (5) after “sub-paragraph (3)” insert “ or (3B) ”.

(8) In consequence of the amendments made by subsections (5) to (7), the heading preceding paragraph 29 becomes “ Approval of equipment and directions for use ”.

Power of national authority to require information from charging authorities

117

(1) After section 177 of the TA 2000 insert—

(177A) (1) The appropriate national authority may direct a local traffic authority or Integrated Transport Authority to provide it, within a specified period, with specified information connected with any aspect of the performance or proposed performance of their functions under this Chapter. (2) The information that may be specified in such a direction must be information which the authority have in their possession or can reasonably be expected to acquire. (3) A direction under this section may be given to two or more authorities or to authorities of a description specified in the direction.

(2) In Schedule 23 to the GLA Act 1999 (road user charging) after paragraph 34A (information) insert—

(34B) (1) The Secretary of State may direct— (a) Transport for London, (b) any London borough council, or (c) the Authority, to provide the Secretary of State, within a specified period, with specified information connected with any aspect of the performance or proposed performance of their functions under this Schedule. (2) The information that may be specified in such a direction must be information which the body have in their possession or can reasonably be expected to acquire. (3) A direction under this section may be given to two or more of the bodies mentioned in sub-paragraph (1) or to such of those bodies as are specified in the direction.

Information: England and Wales

118

(1) Section 194 of the TA 2000 (information) is amended as follows.

(2) In subsection (1) for the words from “the charging authority or licensing authority” to the end of the subsection substitute “ a traffic authority or Integrated Transport 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 ”.

(3) For subsection (2) substitute—

(2) Information obtained by a traffic authority or Integrated Transport 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.

(4) In subsection (3) (which provides for the disclosure of information and refers to the charging scheme) for “the” in the second place where it occurs substitute “ a ”.

(5) After subsection (4) insert—

(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 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.

(6) In Schedule 23 to the GLA Act 1999 (road user charging) paragraph 34A (information) is amended as follows.

(7) In sub-paragraph (1) for the words from “a charging authority” to the end of the sub-paragraph substitute “ Transport for London or a London borough council for or in connection with the performance or proposed performance of any of their functions under this Schedule or with respect to a charging scheme or proposed charging scheme ”.

(8) For sub-paragraph (2) substitute—

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

(9) After sub-paragraph (4) insert—

(5) The Secretary of State may charge a reasonable fee in respect of the cost of supplying information under sub-paragraph (1) or (3). (6) Where Transport for London or a London borough council asks the Secretary of State to obtain overseas registration information from an overseas registration authority with a view to the Secretary of State disclosing that information under sub-paragraph (1) or (3), the Secretary of State may charge a reasonable fee in respect of the cost of obtaining, or seeking to obtain, the information. (7) In this paragraph— - “overseas registration authority” means any authority of a country or territory outside the United Kingdom with responsibility under the law of that country or territory for maintaining a register of vehicles; - “overseas registration information” means information derived from particulars contained in a register of vehicles that is maintained by an overseas registration authority.

Information: Scotland

119

(1) The Secretary of State may charge a reasonable fee in respect of the cost of supplying information to—

(a) the charging authority, or any of the charging authorities, in relation to a charging scheme made under Part 3 of the Transport (Scotland) Act 2001 (2001 asp 2);

(b) any person with whom such an authority has entered into arrangements under section 61(b) of that Act.

(2) The reference to information in subsection (1) is a reference to information obtained by the Secretary of State in the exercise of any function that relates to reserved matters (within the meaning of the Scotland Act 1998 (c. 46)).

120

(1) In Schedule 23 to the GLA Act 1999 (road user charging) paragraphs 19 to 24 are amended as follows.

(2) In paragraph 19 (charging authority's 10 year plan for their share of proceeds of scheme) omit sub-paragraphs (3)(a) and (4).

(3) In paragraph 20 (charging authority's 4 year programme for their share)—

(a) omit sub-paragraphs (2)(a), (3) and (4);

(b) in sub-paragraph (5) after “prepared and” insert “ (where so required) ”.

(4) In paragraph 21 (Authority's 10 year plan for the redistributed portion)—

(a) in sub-paragraph (2) omit “and submit to the Secretary of State”;

(b) omit sub-paragraph (4).

(5) In paragraph 22 (Authority's 4 year programmes for the redistributed portion)—

(a) omit sub-paragraph (3);

(b) in sub-paragraph (4) omit “and approved” in both places where those words occur.

(6) In paragraph 23 (non-compliance with paragraph 20 or 22)—

(a) in sub-paragraph (1) after “prepared and” insert “ (where so required) ”;

(b) in sub-paragraph (2) omit “and approved”.

(7) In paragraph 24 (4 year programmes: amendment, replacement and voluntary statements)—

(a) in sub-paragraph (1) after “prepared and” insert “ (where so required) ”;

(b) in paragraph (c) of sub-paragraph (3), omit the words from “and, if approved” to the end;

(d) omit sub-paragraphs (6)(a) and (7);

(e) in sub-paragraph (8) after “prepared and” in both places where those words occur insert “ (where so required) ”;

(f) in sub-paragraph (10)—

(i) after “prepared and” in the first place where those words occur insert “ (where so required) ”;

(ii) omit “prepared and approved” in the second place where those words occur;

(iii) at the beginning of paragraph (a) insert “ prepared and approved ”;

(iv) at the beginning of paragraph (b) insert “ prepared ”.

Other amendments relating to schemes

121

Schedule 6 (amendments of the financial provisions relating to road user charging and workplace parking levy schemes) has effect.

Part 7 — Miscellaneous provisions

Trunk road charging schemes in Wales

Powers of the National Assembly for Wales

122

In Part 1 of Schedule 5 to the Government of Wales Act 2006 (c. 32) (Assembly Measures), in field 10 (highways and transport) insert—

Matter 10.1Provision for and in connection with— (a) the making, operation and enforcement of schemes for imposing charges in respect of the use or keeping of motor vehicles on Welsh trunk roads; (b) the application of the proceeds of charges imposed under such schemes towards purposes relating to transport. This does not include provision about traffic signs, apart from provision about the placing and maintenance of traffic signs within the meaning of section 177 of the Transport Act 2000. Interpretation of this field In this field— “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) applies as it applies for the purposes of the Road Traffic Acts; “road” has the same meaning as in the Road Traffic Regulation Act 1984; “Welsh trunk road” means a road for which the Welsh Ministers are the traffic authority (within the meaning of section 121A of the Road Traffic Regulation Act 1984).

Information

123

(1) Information obtained by—

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

(b) any local authority or other statutory body,

may be disclosed to the Welsh Ministers for or in connection with the exercise of any of their functions with respect to a Welsh trunk road charging scheme or proposed such scheme.

(2) Any information which has been or could be disclosed to the Welsh Ministers under subsection (1) for or in connection with the exercise of any of their functions with respect to a Welsh trunk road charging scheme may be disclosed to any person with whom the Welsh Ministers have entered into charging scheme arrangements.

(3) Information disclosed to a person under subsection (2)—

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

(b) may not be disclosed (either by the person to whom it is disclosed under subsection (2) or by any other person to whom it is disclosed under paragraph (a)) otherwise than for or in connection with the scheme.

(4) The Secretary of State may charge a reasonable fee in respect of the cost of supplying information under subsection (1) or (2).

(5) Where the Welsh Ministers ask 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 (2), the Secretary of State may charge a reasonable fee in respect of the cost of obtaining, or seeking to obtain, the information.

(6) In this section—

“charging scheme arrangements” means arrangements made in respect of the operation of a Welsh trunk road charging scheme or relating to the installation or operation of any equipment used for or in connection with the operation of such a scheme;

“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;

“Welsh trunk road charging scheme” means any scheme made by or under an Act of the National Assembly for Wales, relating to the imposition of charges in respect of the use or keeping of motor vehicles on Welsh trunk roads..

Street works

Reinstatement and remedial works

124

(1) The New Roads and Street Works Act 1991 (c. 22) is amended as follows.

(2) In section 48 (streets, street works and undertakers) after subsection (3) (meaning of “street works”) insert—

(3A) For the purposes of subsection (3), the works that are street works by virtue of being works required for or incidental to street works of any particular kind include— (a) reinstatement of the street, and (b) where an undertaker has failed to comply with his duties under this Part with respect to reinstatement of the street, any remedial works.

(3) In section 50 (street works licences) after subsection (1) (power to grant a licence to do certain works) insert—

(1A) For the purposes of subsection (1), the works that are required for or incidental to works falling within paragraph (a) or (b) of that subsection include— (a) reinstatement of the street, and (b) where an undertaker has failed to comply with his duties under this Part with respect to reinstatement of the street, any remedial works.

Goods vehicles

Vehicles authorised to be used under operator’s licence

125

(1) In section 5 of the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) (vehicles authorised to be used under operator's licence)—

(a) in subsection (6), for “a prescribed fee” substitute “ the prescribed fee (if any) ”;

(b) in subsection (7), after “the prescribed fee” insert “ (if any) ”.

(2) Section 263 of the TA 2000 (addition of specified vehicles to operator's licence) is amended as follows.

(3) In the subsection (6) that is to be substituted for section 5(6) of the Goods Vehicles (Licensing of Operators) Act 1995—

(a) in the opening words, after “is not authorised to be used under that licence by virtue of subsection (1)” insert “ on or after the relevant day ”;

(b) in paragraph (b), for “a prescribed fee” substitute “ the prescribed fee (if any) ”.

(4) After that subsection insert—

(6A) For the purposes of subsection (6) “the relevant day” is the latest of the following days— (a) the day on which the vehicle was first in the lawful possession of the licence holder, (b) the day on which the licence came into force, (c) if a day not more than one month after the later of those days is prescribed for the purpose, the day so prescribed.

Vehicles used without operator’s licence: power to return detained vehicles

126

(1) Schedule 1A to the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) (detention of vehicles used without operator's licence) is amended as follows.

(2) For paragraph 8 (power to make regulations for return of detained vehicle) substitute—

(8) Regulations may make provision authorising a vehicle detained by virtue of paragraph 2 to be returned to the owner, in prescribed circumstances, without the need for any application under paragraph 9.

Civil enforcement of traffic contraventions

Civil enforcement of traffic contraventions: meaning of “local authority”

127

(1) Part 6 of the Traffic Management Act 2004 (c. 18) (civil enforcement of traffic contraventions) is amended as follows.

(2) In section 76 (civil enforcement officers) at the end insert—

(6) In this section “local authority” includes a non-metropolitan district council.

(3) In section 85 (prohibition of double parking) at the end insert—

(9) In this section “local authority” includes a non-metropolitan district council.

(4) In section 86 (prohibition of parking at dropped footways etc) at the end insert—

(10) In this section “local authority” includes a non-metropolitan district council.

(5) In section 87 (guidance to local authorities) at the end insert—

(3) In this section “local authority” includes a non-metropolitan district council.

Financial penalty deposits: powers of vehicle examiners in Scotland

128

In section 90F of the Road Traffic Offenders Act 1988 (c. 53), in the definition of “conditional offer”, after “75(3)(a)” insert “ or (3B)(a) ”.

Foreign-registered vehicles

Disclosure of information relating to foreign-registered vehicles

129

After section 49 of the Road Safety Act 2006 (c. 49) (disclosure to foreign authorities of licensing and registration information) insert—

(49A) (1) The Secretary of State may disclose information to which subsection (2) applies to any person or body referred to in subsection (3) (subject to any restrictions mentioned in relation to the person or body). (2) This subsection applies to information that— (a) is derived from particulars contained in a register of vehicles that is maintained in a country or territory outside the United Kingdom, and (b) has been obtained by the Secretary of State from the authority or authorities of that country or territory with responsibility under the law of that country or territory for maintaining the register. (3) The persons and bodies are— (a) a local authority, where the disclosure is made for any purpose connected with the investigation of— (i) an offence, or (ii) a road traffic contravention; (b) Transport for London, where the disclosure is made for such a purpose; (c) the Department of the Environment in Northern Ireland, where the disclosure is made for any purpose connected with the investigation of an offence; (d) the Department for Regional Development in Northern Ireland, where the disclosure is made for any purpose connected with the investigation of a road traffic contravention; (e) the chief officer of police of a police force in England and Wales; (f) the chief constable of a police force maintained under the Police (Scotland) Act 1967; (g) a member of the Police Service of Northern Ireland; (h) an officer of Revenue and Customs; (i) an inspector of taxes, where the disclosure is made for any purpose connected with any tax liability to which a person is or may be subject, or the amount of any such liability; (j) a person who the Secretary of State is satisfied has reasonable cause for seeking disclosure of the information. (4) The Secretary of State may charge a reasonable fee in respect of the cost of— (a) obtaining, or seeking to obtain, information falling within subsection (2)(a); (b) supplying information under subsection (1). (5) Nothing in this section affects any other power of the Secretary of State to disclose information. (6) In this section— - “local authority” means— 1. a county council in England; 2. a metropolitan district council; 3. a non-metropolitan district council for an area for which there is no county council; 4. a London borough council; 5. the Common Council of the City of London; 6. the Council of the Isles of Scilly; 7. a county council or county borough council in Wales; 8. a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; - “road traffic contravention” means— 1. in relation to England and Wales, any contravention falling within Schedule 7 to the Traffic Management Act 2004; 2. in relation to Scotland, any act or omission that would have been an offence but for paragraph 1(4) or (as the case may be) 2(4) of Schedule 3 to the Road Traffic Act 1991 (control of parking in permitted and special parking areas); 3. in relation to Northern Ireland, any contravention falling within Schedule 1 to the Traffic Management (Northern Ireland) Order 2005 (2005 No. 1964 (N.I. 14)); - “tax” has the meaning given by section 118(1) of the Taxes Management Act 1970.

Use of information relating to foreign-registered vehicles

130

After section 49A of the Road Safety Act 2006 (c. 49) insert—

(49B) (1) The Secretary of State may use information to which section 49A(2) applies for any of the purposes referred to in subsection (2). (2) The purposes are— (a) to check the accuracy of information which has been obtained under regulations made by virtue of section 22A(2) of the Vehicle Excise and Registration Act 1994 (vehicle identity checks); (b) to check the accuracy of records maintained by the Secretary of State in connection with any functions exercisable by the Secretary of State under or by virtue of that Act; (c) to check the accuracy of records maintained, or caused to be maintained, under section 45(6B) or 49(3A) of the Road Traffic Act 1988 (records of examinations of goods and other vehicles); (d) to promote compliance with section 47 or 53 of that Act (obligatory test certificates for goods and other vehicles); (e) where appropriate, to amend or supplement any information mentioned in the foregoing provisions of this subsection or information contained in any records so mentioned; (f) to trace a non-resident parent (within the meaning of the Child Support (Information, Evidence and Disclosure) Regulations 1992 (S.I. 1992/1812)).

Part 8 — Supplementary provisions

Repeals

131

Schedule 7 contains repeals.

Interpretation

132

In this Act—

“the TA 1968” means the Transport Act 1968 (c. 73);

“the PPVA 1981” means the Public Passenger Vehicles Act 1981 (c. 14);

“the TA 1985” means the Transport Act 1985 (c. 67);

“the GLA Act 1999” means the Greater London Authority Act 1999 (c. 29);

“the TA 2000” means the Transport Act 2000 (c. 38).

Extent

133

(1) Subject to subsections (2) and (3), this Act extends to England and Wales only.

(2) The following provisions also extend to Scotland—

(a) sections 1 to 6;

(b) section 47 and Schedule 3;

(d) sections 55 and 56;

(e) sections 57 to 61;

(f) section 68(1) and (2);

(g) section 72;

(h) section 74;

(i) section 119;

(j) section 122;

(k) section 125;

(l) section 126;

(m) section 128;

(n) sections 129 and 130;

(o) sections 132, 134, 135 and this section;

(p) the repeals in Part 3 of Schedule 7 relating to sections 22 and 23 of the TA 1985, and section 131 so far as relating to those repeals.

(3) The following provisions also extend to Northern Ireland—

(a) section 122;

(b) sections 129 and 130;

Commencement

134

(1) The following provisions of this Act come into force on the day on which this Act is passed—

(a) section 77(10);

(b) this Part, other than section 131 and Schedule 7;

(2) Sections 55, 56, 122, 123, 124 and 127 come into force at the end of the period of 2 months beginning with the day on which this Act is passed.

(3) Subject to subsection (4), the other provisions of this Act come into force on an appointed day.

(4) Any repeal in Schedule 7 (and section 131 so far as relating to the repeal) comes into force in the same way as the provisions of this Act to which the repeal relates.

(5) In this section “appointed day” means such day or days as the Secretary of State may by order made by statutory instrument appoint.

(6) The power conferred by subsection (5) is exercisable as respects Wales by the Welsh Ministers (and not the Secretary of State) in relation to—

(a) Part 2;

(b) Part 3;

(d) in Part 6, the amendments of the TA 2000.

(7) An order under subsection (5)—

(a) may appoint different days for different purposes;

(b) may make incidental, consequential, supplemental or transitional provision or savings.

Short title

135

This Act may be cited as the Local Transport Act 2008.

SCHEDULE 1

1

The TA 2000 is amended as follows.

Quality contracts schemes

2

(1) Section 124 is amended as follows.

(2) In subsection (1A)(c) for “local transport plan” substitute “ local transport policies ”.

(3) Omit subsection (10).

Joint and through ticketing schemes

3

(1) Section 135 is amended as follows.

(2) In subsection (1) for paragraph (b) substitute—

(b) would contribute to the implementation of their local transport policies.

Information about bus services

4

(1) Section 139 is amended as follows.

(2) In subsection (1) for “local transport plan” substitute “ local transport policies ”.

Local licensing schemes

5

(1) Section 179 is amended as follows.

(2) In subsection (2) for “policies in the licensing authority's local transport plan” substitute “ local transport policies of the licensing authority ”.

Joint local licensing schemes

6

(1) Section 180 is amended as follows.

(2) In subsection (2) for “policies in the licensing authorities' local transport plans” substitute “ local transport policies of the licensing authorities ”.

Joint local-London licensing schemes

7

(1) Section 181 is amended as follows.

(2) In subsection (2)(a)—

(a) for “policies in the local transport plan” substitute “ local transport policies ”;

(b) omit “the local transport plans of”.

Financial provisions relating to road user charging and workplace parking levy

8

(1) Schedule 12 is amended as follows.

(2) In paragraph 8 (application of proceeds)—

(a) in sub-paragraph (2)(a) for “policies in the authority's local transport plan” substitute “ local transport policies of the authority ”;

(b) in sub-paragraph (4)(a) for “any policies in its local transport plan” substitute “ any of its local transport policies ”.

SCHEDULE 2

1

Schedule 10 to the TA 2000 (competition test for exercise of bus functions) is amended as follows.

Test for the exercise of functions by local authorities

2

For the italic heading preceding paragraph 1 substitute— “ Part 1 Test for exercise of bus functions by local authorities Functions to which this Part of this Schedule applies ”.

3

(1) Paragraph 1 (functions to which Schedule 10 applies) is amended as follows.

(2) In sub-paragraph (1) after “The functions to which” insert “ this Part of ”.

(3) In sub-paragraph (2)—

(a) after “For the purposes of” insert “ this Part of ”;

(b) after “a function to which” insert “ this Part of ”.

4

(1) Paragraph 2 (competition test) is amended as follows.

(2) In sub-paragraph (1)—

(a) after “For the purposes of” insert “ this Part of ”;

(b) after “a function to which” insert “ this Part of ”.

(3) In sub-paragraph (3)(b) omit “substantial”.

5

Omit paragraphs 3 and 4.

6

In paragraph 5 (investigation by OFT)—

(a) for “the OFT” substitute “the Office of Fair Trading (in this Schedule referred to as “the OFT”);

(b) after “a function to which” insert “ this Part of ”.

7

In paragraph 10 (decisions) omit paragraph (a).

8

Omit paragraph 11.

9

In paragraph 12(1) (enforcement of decision) after “a function to which” insert “ this Part of ”.

10

In paragraph 13(1) (restriction on disclosure of information) after “its functions under” insert “ this Part of ”.

11

In paragraph 14 (offence of disclosing information) after “its functions under” (in both places) insert “ this Part of ”.

12

After paragraph 14 insert—

(14A) (1) As soon as is reasonably practicable after the passing of the Local Transport Act 2008, the OFT must prepare and publish advice and information about— (a) the application of the competition test, (b) the enforcement of decisions regarding that test. (2) The OFT may at any time publish revised, or new, advice or information. (3) Advice and information published under this paragraph must be prepared with a view to— (a) explaining provisions of this Part of this Schedule to persons who are likely to be affected by them, and (b) indicating how the OFT expects such provisions to operate. (4) Advice (or information) published by virtue of sub-paragraph (3)(b) may include advice (or information) about the factors which the OFT may take into account in considering whether, and if so how, to exercise a power conferred on it by this Part of this Schedule. (5) Any advice or information published by the OFT under this paragraph is to be published in such form and in such manner as it considers appropriate. (6) If the OFT is preparing any advice or information under this paragraph it must consult such persons as it considers appropriate.

13

In paragraph 15 (defamation)—

(a) after “or notice given” insert “ , and to any advice or information given, ”;

(b) after “its functions under” insert “ this Part of ”.

14

(1) Paragraph 16 (fees) is amended as follows.

(2) In sub-paragraph (1) after “its functions under” insert “ this Part of ”.

(3) Omit sub-paragraph (3).

New test for certain agreements, decisions and practices

15

After paragraph 16 insert—

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