Greater London Authority Bill - continued        House of Lords

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SCHEDULE 18
 
  ROAD USER CHARGING
 
Interpretation
     1. - (1) In this Schedule-
 
 
    "borough scheme" means any charging scheme other than a TfL scheme;
 
    "charging area" means an area to which a charging scheme applies;
 
    "charging authority" means an authority which is the maker of a charging scheme;
 
    "charging scheme" means a scheme for imposing charges in respect of the keeping or use of motor vehicles on roads in an area designated in the scheme;
 
    "GLA road" has the same meaning as in the Highways Act 1980 (see sections 14D(1) and 329(1) of that Act);
 
    "highway authority" has the same meaning as in the Highways Act 1980 (see in particular sections 1 to 9 of that Act);
 
    "immobilisation device" has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984;
 
    "motor vehicle" shall be construed in accordance with subsection (3) of section 254 of this Act;
 
    "net proceeds", in relation to a charging scheme, means the amount (if any) by which the gross amount received under the scheme for any financial year by the charging authority exceeds the expenses incurred by that authority in operating the scheme for that year;
 
    "penalty charge" has the same meaning as in paragraph 12 below;
 
    "penalty charge notice" means notice of a penalty charge;
 
    "prescribed" means specified in, or determined in accordance with, regulations;
 
    "regulations" means regulations made by the Secretary of State;
 
    "relevant transport purpose" means any purpose which directly or indirectly facilitates the implementation of any policies or proposals set out in the Mayor's transport strategy;
 
    "redistributed portion", in relation to the net proceeds of a charging scheme, shall be construed in accordance with paragraph 21(1) below;
 
    "road" has the same meaning as in the Road Traffic Regulation Act 1984 (see section 142(1) of that Act);
 
    "share of the net proceeds", in relation to a charging authority and a charging scheme, shall be construed in accordance with paragraph 18(2) below;
 
    "TfL scheme" means a charging scheme made by Transport for London;
 
    "traffic authority" has the same meaning as in the Road Traffic Regulation Act 1984 (see sections 121A and 142(1) of that Act);
 
    "traffic sign" has the same meaning as in the Road Traffic Regulation Act 1984 (see in particular section 64 of that Act);
 
    "trunk road" has the same meaning as in the Road Traffic Regulation Act 1984 (see section 142(1) of that Act).
      (2) For the purpose of ascertaining the net proceeds of a charging scheme for any financial year, the expenses of operating the scheme in that year shall be taken to include-
 
 
    (a) any costs of, or associated with, enforcement in that year;
 
    (b) amounts attributed to that year in respect of depreciation of assets used in connection with the scheme;
 
    (c) other amounts attributed to that year in respect of capital costs which were incurred for the purpose of establishing or operating the scheme and which fall to be apportioned between different financial years; and
 
    (d) interest.
      (3) Any reference in this Schedule to a class of motor vehicles is a reference to a class defined or described by reference to any characteristics of the motor vehicles or to any other circumstances whatsoever.
 
      (4) For the purposes of this Schedule-
 
 
    (a) the City of London shall be treated as if it were a London borough;
 
    (b) the Common Council shall be treated as if it were the council for a London borough; and
 
    (c) the Inner Temple and the Middle Temple shall be treated as forming part of the City.
 
Authority functions exercisable by the Mayor
     2. Any functions conferred or imposed on the Authority by or under this Schedule are exercisable by the Mayor acting on behalf of the Authority.
 
 
Conditions for making a charging scheme
     3. A charging scheme may only be made if it appears desirable or expedient for the purpose of directly or indirectly facilitating the achievement of any policies or proposals set out in the Mayor's transport strategy.
 
 
Making a charging scheme
     4. - (1) Any charging scheme must be contained in an order-
 
 
    (a) made under this Schedule by the authority making the scheme; and
 
    (b) submitted to, and confirmed (with or without modification) by, the Authority.
      (2) An order containing a charging scheme shall be in such form as the Authority may determine.
 
      (3) The Authority may-
 
 
    (a) consult, or require an authority making a charging scheme to consult, other persons;
 
    (b) hold an inquiry, or cause an inquiry to be held, for the purposes of any order containing a charging scheme;
 
    (c) appoint the person or persons by whom any such inquiry is to be held;
 
    (d) make modifications to any such order, whether in consequence of any objections or otherwise, before the order takes effect;
 
    (e) require any such order to include such exemptions for such purposes as the Authority may determine;
 
    (f) require the authority by whom any such order is made to place and maintain, or cause to be placed and maintained, such traffic signs in connection with that order as the Authority may determine.
 
Scheme to conform with Mayor's transport strategy
     5. A charging scheme must be in conformity with the Mayor's transport strategy.
 
 
Approval of Authority required for inclusion of certain provisions
     6. The approval of the Authority must be obtained before there is included in a borough scheme any provision of a description specified in a direction under this paragraph given by the Authority to the London borough councils.
 
 
Joint charging schemes
     7. - (1) The Authority may authorise or require two or more London borough councils acting jointly to make a charging scheme applying to the whole or part of their combined areas (a "joint charging scheme").
 
      (2) In the application of this Schedule in relation to a joint charging scheme, any reference to the charging authority is a reference to all or any of the London borough councils concerned.
 
 
The contents of a charging scheme
     8. A charging scheme must-
 
 
    (a) designate the area to which it applies;
 
    (b) specify the classes of motor vehicles in respect of which a charge is imposed;
 
    (c) designate those roads in the charging area in respect of which charges are imposed; and
 
    (d) specify the charges imposed.
 
The charging area and the roads
     9. - (1) The designation of-
 
 
    (a) the boundaries of the charging area, and
 
    (b) the roads in that area in respect of which charges are imposed,
  shall be such as the authority making the charging scheme may determine, subject to any modifications made by the Authority.
 
      (2) A TfL scheme may apply to an area which consists of the whole or any part of Greater London.
 
      (3) A borough scheme may apply to an area which consists of the whole or any part of the area of the authority (or, in the case of a joint charging scheme, the combined areas of the authorities) making the scheme.
 
      (4) A road shall not be subject to charges imposed by more than one charging authority at the same time.
 
      (5) In the application of sub-paragraph (4) above in relation to a joint charging scheme, the authorities making the scheme shall be treated as if they together constituted a single charging authority.
 
      (6) A TfL scheme may impose charges in respect of roads in the charging area, whether or not Transport for London is the traffic authority or the highway authority for those roads.
 
      (7) A charging scheme must not impose charges in respect of a trunk road except with the consent of the Secretary of State.
 
      (8) A borough scheme may impose charges in respect of GLA roads.
 
 
The charges
     10. - (1) A charging scheme shall specify or describe the events by reference to the happening of which a charge is imposed by the charging scheme in respect of a motor vehicle being kept or used on a road in a charging area.
 
      (2) Any charge imposed by a charging scheme in respect of the keeping of a motor vehicle on a road in a charging area must also have effect in respect of the use of the motor vehicle in that charging area.
 
      (3) A charging scheme may make provision in relation to the manner in which charges are to be made, collected, recorded or paid.
 
      (4) The charges that may be imposed by a charging scheme include different charges (which may be no charge) for-
 
 
    (a) different days;
 
    (b) different times of day;
 
    (c) different parts of a charging area;
 
    (d) different distances travelled;
 
    (e) different classes of motor vehicles.
      (5) In setting the rates of charge, regard may be had to the purposes for which the charging authority is to apply the net proceeds of the scheme.
 
 
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Prepared 30 July 1999