Greater London Authority Bill - continued        House of Lords
SCHEDULE 18, ROAD USER CHARGING - continued

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4 year programmes: amendment, replacement and voluntary statements
      24. - (1) Where a statement has been prepared and approved under paragraph 20 or 22 above, the authority which prepared the statement may-
 
 
    (a) amend the statement, or
 
    (b) replace it with another statement (a "replacement statement"),
  but subject to the following provisions of this paragraph.
 
      (2) Subject to the following provisions of this paragraph, where a charging scheme is in force-
 
 
    (a) the charging authority may prepare a statement such as is described in paragraph 20(1) above, and
 
    (b) if the charging scheme is one to which paragraph 21 above applies, the Authority may prepare a statement such as is described in paragraph 22(2) above,
  at any time before the beginning of the first financial year for which a statement under paragraph 20 or, as the case may be, paragraph 22 above is required to be prepared in respect of the scheme.
 
      (3) For the purposes of this paragraph-
 
 
    (a) a "voluntary statement" is a statement prepared under sub-paragraph (2)(a) or (b) above,
 
    (b) a statement prepared under sub-paragraph (2)(a) above shall be treated as a statement prepared under paragraph 20 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph, and
 
    (c) a statement prepared under sub-paragraph (2)(b) above shall be treated as a statement prepared under paragraph 22 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph,
  and references to statements under paragraph 20 or 22 above shall be construed accordingly.
 
      (4) The power conferred by sub-paragraph (1)(b) or (2) above is exercisable-
 
 
    (a) in the case of a statement under paragraph 20 above in respect of a borough scheme, during the period of six months beginning with the day on which a change of control of the London borough council concerned occurs; or
 
    (b) in any other case, during the period of six months beginning with the term of office of any person returned as the Mayor at an ordinary election or at an election under section 16 of this Act.
      (5) Where, in exercise of the powers conferred by this paragraph, an authority proposes-
 
 
    (a) to amend or replace a statement prepared and approved under paragraph 20 or 22 above, or
 
    (b) to prepare a voluntary statement,
  sub-paragraph (6) below applies.
 
      (6) Where this sub-paragraph applies, the amendment, replacement statement or voluntary statement must be submitted for approval-
 
 
    (a) to the Secretary of State; and
 
    (b) if the statement concerned or affected is one prepared in respect of a borough scheme by the charging authority, to the Authority.
      (7) Where sub-paragraph (6)(b) above applies, any submission to the Secretary of State under sub-paragraph (6)(a) above may only be made-
 
 
    (a) by the Authority acting on behalf of the charging authority concerned; and
 
    (b) after the giving by the Authority of the approval required by sub-paragraph (6)(b) above.
      (8) Where a statement prepared and approved under paragraph 20 or 22 above is amended in accordance with this paragraph, the statement shall continue to be regarded for the purposes of this Schedule as a statement so prepared and approved, notwithstanding the amendment.
 
      (9) A replacement statement or a voluntary statement must relate to the four financial years beginning with the financial year in which it takes effect (disregarding so much of that year as has expired before the statement takes effect).
 
      (10) A replacement statement or voluntary statement prepared and approved under this paragraph shall be taken for the purposes of this Schedule to be a statement prepared and approved-
 
 
    (a) under paragraph 20 above, if it was prepared in respect of a charging scheme by the charging authority; or
 
    (b) under paragraph 22 above, if it was prepared by the Authority.
      (11) Where a voluntary statement or replacement statement prepared by an authority takes effect, the time at which any subsequent statement is required to be prepared by that authority by virtue of paragraph 20 or 22 above in respect of the charging scheme in question shall be determined as if the financial year preceding that in which the replacement statement or voluntary statement takes effect had been such a fourth year as is mentioned in sub-paragraph (1) of that paragraph.
 
 
Offences
      25. - (1) A person who, with intent to avoid payment of a charge imposed by a charging scheme or with intent to avoid being identified as having failed to pay such a charge,-
 
 
    (a) interferes with any equipment used for or in connection with charging under a charging scheme,
 
    (b) causes or permits the registration plate of a motor vehicle to be obscured, or
 
    (c) makes or uses any false document,
  is guilty of an offence.
 
      (2) A person guilty of an offence under sub-paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.
 
 
Examination of motor vehicles etc
      26. - (1) Regulations may make provision conferring powers on prescribed persons for or in connection with-
 
 
    (a) examining a motor vehicle for the purpose of ascertaining whether any document required by a charging scheme to be displayed while a motor vehicle is on a road in a charging area is so displayed; or
 
    (b) examining a motor vehicle for the purpose of ascertaining whether any equipment required by a charging scheme to be carried in or fitted to a motor vehicle while the vehicle is on a road in a charging area-
 
      (i) is so carried or fitted,
 
      (ii) is in proper working order, or
 
      (iii) has been interfered with unlawfully,
 
    or whether any conditions relating to the use of any such equipment are satisfied.
      (2) The provision that may be made by regulations under sub-paragraph (1) above includes provision for or in connection with conferring on a person duly authorised in writing by a charging authority power to enter a motor vehicle for the purpose of exercising any of the powers conferred on that person under that sub-paragraph.
 
 
Removal or immobilisation of motor vehicles
      27. Regulations may make provision for or in connection with-
 
 
    (a) the fitting of immobilisation devices to motor vehicles;
 
    (b) the removal and storage of motor vehicles;
 
    (c) the release of motor vehicles from immobilisation devices or from storage;
 
    (d) requiring the satisfaction of conditions before the release of a motor vehicle.
 
Determination of disputes and appeals
      28. Regulations may make provision for or in connection with-
 
 
    (a) the determination of disputes;
 
    (b) appeals against determinations or any failure to make a determination;
 
    (c) the appointment of persons to hear any such appeals.
 
Approval of equipment
      29. - (1) No equipment of a description specified in a direction under this paragraph given by the Authority to Transport for London and every London borough council may be used in connection with a charging scheme unless the equipment is of a type approved by the Authority.
 
      (2) Where the Secretary of State considers that-
 
 
    (a) equipment of any particular description used in connection with a charging scheme ("the non-standard equipment") is incompatible with a national standard for equipment of that or any other description, and
 
    (b) the incompatibility is detrimental to the interests of persons resident in England outside Greater London,
  he may give notice of that fact to the Authority.
 
      (3) Where the Secretary of State has given notice under sub-paragraph (2) above to the Authority, the non-standard equipment may no longer be used in connection with a charging scheme except with the authorisation of the Secretary of State.
 
      (4) Any authorisation under sub-paragraph (3) above may be given subject to conditions.
 
      (5) Any authorisation under sub-paragraph (3) above, and any conditions under sub-paragraph (4) above, may be varied or revoked.
 
      (6) In this paragraph "national standard" means any standard approved by the Secretary of State by regulations made under any enactment and in force in an area which consists of or includes the whole of England outside Greater London.
 
 
Evidence
      30. Regulations may make provision for or in connection with permitting evidence of a fact relevant to proceedings for an offence under this Schedule, or proceedings in respect of a failure to comply with the provisions of a charging scheme, to be given by the production of-
 
 
    (a) a record produced by a prescribed device; and
 
    (b) a certificate (whether in the same or another document) as to the circumstances in which the record was produced signed by a prescribed person.
 
Exclusions for motor vehicles not on roads
      31. A charging scheme may not authorise or require-
 
 
    (a) the imposition of charges in respect of a motor vehicle by reference to its presence in a charging area at a time at which the vehicle is not on a road;
 
    (b) the examination, for any purpose relating to or connected with this Schedule, regulations or a charging scheme, of a motor vehicle found in a charging area at a time at which the vehicle is not on a road; or
 
    (c) the fitting of an immobilisation device to, or the removal of, a motor vehicle found in a charging area at a time at which the vehicle is not on a road.
 
Expenses
      32. The Authority, Transport for London or a London borough council may-
 
 
    (a) incur expenditure in or in connection with the establishment or operation of a charging scheme; or
 
    (b) enter into arrangements (including arrangements for forming or participating in companies) with any body or person in respect of the operation of a charging scheme or relating to the installation or operation of any equipment used for or in connection with the operation of a charging scheme.
 
Directions by the Authority
      33. - (1) The Authority may give to any London borough council general or specific directions requiring the council to exercise, in such manner as may be specified in the directions,-
 
 
    (a) any of the council's powers under this Schedule; or
 
    (b) for purposes connected with a charging scheme made by that council or any other authority, any of the council's powers under any other enactment relating to the management or control of traffic.
      (2) A London borough council shall comply with any directions given to the council by the Authority.
 
 
Guidance by the Authority
      34. - (1) The Authority may issue guidance to Transport for London or any London borough council in relation to the discharge of their functions under this Schedule.
 
      (2) Transport for London or a London borough council in exercising any function under this Schedule shall have regard to any guidance issued by the Authority under this paragraph.
 
 
Crown roads
      35. - (1) This Schedule applies in relation to Crown roads as it applies in relation to other roads.
 
      (2) In sub-paragraph (1) above "Crown road" has the same meaning as in section 131 of the Road Traffic Regulation Act 1984.
 
 
Crown application
      36. - (1) Subject to the provisions of this paragraph, the provisions of this Schedule and of regulations and charging schemes made under it shall bind the Crown.
 
      (2) No contravention by the Crown of any provision of this Schedule or of any regulations or charging scheme made under it shall make the Crown criminally liable; but the High Court may, on the application of a charging authority, declare unlawful any act or omission of the Crown which constitutes such a contravention.
 
      (3) Notwithstanding anything in sub-paragraph (2) above, the provisions of this Schedule and of regulations and charging schemes made under it shall apply to motor vehicles or persons in the public service of the Crown as they apply to other motor vehicles or persons.
 
      (4) No power of entry conferred by this Schedule or regulations made under it shall be exercisable in relation to any motor vehicle in the public service of the Crown.
 
      (5) Nothing in this paragraph shall be taken as in any way affecting Her Majesty in her private capacity; and this sub-paragraph shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.
 
 
Duration of charging schemes
      37. A charging scheme shall state whether or not it is to remain in force indefinitely and, if it is not to remain in force indefinitely, shall state the period for which it is to remain in force.
 
 
Variation and revocation of charging schemes
      38. The power to make a charging scheme includes power, exercisable in the same manner, and subject to the same conditions and limitations, to vary or revoke such a scheme.
 
 
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