Greater London Authority Bill - continued        House of Lords
SCHEDULE 19, WORKPLACE PARKING LEVY - continued

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Prohibition on multiple licensing schemes
     12. The same premises shall not be subject to more than one licensing scheme at the same time.
 
 
The charges
     13. - (1) The rates of charge applicable in respect of licences shall be expressed as a specified sum of money for each licensed unit.
 
      (2) The rates of charge that may be imposed by a licensing scheme include different charges (which may be no charge) for-
 
 
    (a) different days;
 
    (b) different times of day;
 
    (c) different parts of a licensing area;
 
    (d) different classes of controlled vehicles;
 
    (e) different numbers of licensed units.
      (3) In setting the rates of charge, regard may be had to the purposes for which the licensing authority is to apply the net proceeds of the scheme.
 
 
The contents of a licence
     14. - (1) A licence under a licensing scheme must-
 
 
    (a) state the name of the person to whom it is granted;
 
    (b) identify the premises to which it relates;
 
    (c) specify the maximum number of controlled vehicles which may be parked at those premises at any one time; and
 
    (d) state the amount paid in respect of the licence and set out the calculation of that amount.
      (2) A licence may be granted subject to conditions.
 
 
Duration of licences
     15. - (1) The grant of a licence shall be for the period of one year unless the licence is a special licence.
 
      (2) A licensing scheme may make provision for or in connection with the granting of special licences in circumstances specified in, or determined in accordance with, the scheme.
 
      (3) In connection with the granting of special licences, a licensing scheme may include provision conferring a discretion on any body or person.
 
      (4) The grant of a special licence shall be for a period of less than a year.
 
 
Licensing: procedure
     16. A licensing scheme may include provision for or in connection with-
 
 
    (a) the making of an application for a licence;
 
    (b) the grant of a licence (which must be for the licensed units applied for);
 
    (c) the issue of a licence;
 
    (d) the variation or revocation of a licence.
 
Exemptions, reduced rates etc
     17. - (1) A licensing scheme may make provision exempting-
 
 
    (a) a specified number of parking places provided at any premises from being workplace parking places, or
 
    (b) any class of motor vehicles from being controlled vehicles,
  whether generally or in relation to persons or premises of a particular description.
 
      (2) A licensing scheme may make provision for or in connection with-
 
 
    (a) exemptions from licensing,
 
    (b) the application of reduced rates of charges for licences, or
 
    (c) the imposition of limits on the charges payable for a licence,
  in the case of any particular description of persons or premises or, in the case of paragraphs (b) or (c) above, any particular class of motor vehicles.
 
 
Penalty charges
     18. - (1) Regulations may make provision for or in connection with the imposition, notification, payment, adjudication or enforcement of penalty charges in respect of acts, omissions, events or circumstances relating to or connected with a licensing scheme.
 
      (2) Regulations under sub-paragraph (1) above may make provision for or in connection with setting the rates of penalty charges (which may include provision for discounts or surcharges).
 
 
Liability for charges
     19. - (1) Regulations may make provision for or in connection with making the occupier of any premises, or such other person as may be prescribed, liable to pay any charges imposed in respect of the premises under or by virtue of a licensing scheme.
 
      (2) Regulations may make provision for sums payable under or by virtue of a licensing scheme to be recoverable as a civil debt.
 
      (3) Any reference in this paragraph to charges includes a reference to penalty charges.
 
 
Determination of disputes and appeals
     20. Regulations may make provision for or in connection with-
 
 
    (a) appeals against decisions relating to licences or in the case of a failure to make such a decision;
 
    (b) the determination of disputes;
 
    (c) appeals against determinations of disputes or in the case of a failure to make such a determination;
 
    (d) the appointment of persons to hear appeals.
 
Accounts and funds
     21. - (1) A licensing authority shall keep an account of their income and expenditure in respect of each of the authority's licensing schemes.
 
      (2) Each of the following bodies, namely-
 
 
    (a) the Authority,
 
    (b) Transport for London, and
 
    (c) a London borough council,
  shall keep an account of their income and expenditure in respect of the sums received by the body which represent net proceeds of licensing schemes for which the body is not the licensing authority.
 
      (3) As soon as possible after the end of each financial year, each of the bodies required to keep an account under sub-paragraph (1) or (2) above shall prepare a statement of that account for that year.
 
      (4) A statement of account required to be prepared under sub-paragraph (3) above for any financial year shall be published-
 
 
    (a) in the case of a statement of account prepared by Transport for London, in the annual report of Transport for London under section 145 of this Act for that year;
 
    (b) in any other case, in the annual accounts for that year of the body which prepared the statement of account.
      (5) At the end of each financial year-
 
 
    (a) any deficit in an account required to be kept under sub-paragraph (1) or (2) above shall be made good out of the body's general fund; and
 
    (b) any surplus in any such account shall be dealt with in accordance with sub-paragraphs (6) and (7) below.
      (6) Any such surplus shall be applied towards making good to the general fund any amount charged to that fund under sub-paragraph (5)(a) above in respect of the account in question in the ten years immediately preceding the financial year in question.
 
      (7) So much of any surplus as remains after the application of sub-paragraph (6) above shall be carried forward in the account in question to the next financial year.
 
      (8) In the application of this paragraph in relation to Transport for London, any reference to its general fund shall be taken as a reference to its gross income.
 
 
Application of the net proceeds
     22. - (1) In the case of any licensing scheme which comes into force during the period of ten years beginning with the inception of the Authority, the net proceeds of the scheme shall, during the scheme's initial period, be available only for application for relevant transport purposes by any one or more of the following bodies, namely-
 
 
    (a) the Authority;
 
    (b) Transport for London; or
 
    (c) a London borough council.
      (2) Except as provided by sub-paragraph (1) above, the net proceeds of a licensing scheme shall be applied only as may be specified in, or determined in accordance with, regulations under this sub-paragraph.
 
      (3) Regulations under sub-paragraph (2) above may include provision conferring a discretion on any body or person.
 
      (4) The provision that may be made by regulations under sub-paragraph (2) above includes provision for sub-paragraph (1) above to continue to apply, but with the substitution for the number of years for the time being there mentioned of a number of years greater than ten.
 
      (5) The net proceeds of licensing schemes may only be applied for purposes which provide value for money.
 
      (6) Sub-paragraphs (1) to (5) above are without prejudice to paragraph 21(6) above.
 
      (7) In this paragraph-
 
 
    "the inception of the Authority" means the commencement of the term of office of the Mayor and Assembly members returned at the first ordinary election;
 
    "the initial period", in the case of any licensing scheme, means-
 
      (a) the period of ten years beginning with the coming into force of the scheme; or
 
      (b) such longer period as the Secretary of State may allow in the case of any particular scheme.
 
Provisions supplementary to paragraph 22
     23. - (1) Before making any regulations under paragraph 22(2) above, the Secretary of State shall make an assessment of what he considers to be-
 
 
    (a) the likely amounts of net proceeds of licensing schemes; and
 
    (b) the potential for spending such net proceeds on relevant transport purposes which provide value for money.
      (2) Before making any such regulations, the Secretary of State shall consult the Authority.
 
      (3) The Secretary of State may issue guidance to the Authority, Transport for London and the London borough councils with respect to the appraisal of whether any application of net proceeds of a licensing scheme for any purpose provides value for money.
 
      (4) In determining how to apply the net proceeds of licensing schemes, the Authority, Transport for London and any London borough council shall comply with any guidance issued by the Secretary of State under sub-paragraph (3) above.
 
      (5) The Secretary of State may at any time vary the guidance under sub-paragraph (3) above.
 
      (6) In determining for the purposes of paragraph 22 above when the initial period there mentioned begins or expires in the case of any licensing scheme, regulations may make provision as to circumstances in which-
 
 
    (a) the same licensing scheme is to be regarded as continuing in force, notwithstanding the making of amendments or the revocation and replacement (with or without modifications) of a scheme; or
 
    (b) a different scheme is, or is not, to be regarded as coming into force.
 
Apportionment of net proceeds of licensing schemes
     24. - (1) The Authority may require a licensing scheme to include provision for such portion of the net proceeds as the Authority may determine to be paid to-
 
 
    (a) the Authority,
 
    (b) Transport for London, or
 
    (c) such London borough councils as may be specified or described by the Authority,
  for application for relevant transport purposes.
 
      (2) In this Schedule, any reference to a licensing authority's share of the net proceeds of a licensing scheme is a reference to so much of the net proceeds of the scheme as remains after the making of any payments to other bodies or persons required by virtue of sub-paragraph (1) above or regulations under paragraph 22(2) above.
 
      (3) For the purposes of this Schedule, the payment by the Authority of a sum received by the Authority by virtue of sub-paragraph (1) above to any body corporate for the purpose of the application of that sum by that body for relevant transport purposes shall be taken to be the application of that sum by the Authority for relevant transport purposes.
 
 
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Prepared 30 July 1999