Transport Bill - continued        House of Lords
PART III, ROAD USER CHARGING AND WORKPLACE PARKING LEVY - continued
Making of licensing schemes - continued

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Confirmation of licensing schemes.     172. - (1) A licensing scheme under this Part shall not come into force unless the order making it has been submitted to and confirmed by the appropriate national authority; and a variation of such a licensing scheme shall not take effect until the order making the variation has been so submitted and confirmed.
 
      (2) Subsection (1) does not apply in such circumstances as may be specified in or determined in accordance with regulations made by the appropriate national authority.
 
      (3) A joint local-London licensing scheme shall not come into force unless the order making it has been submitted to and confirmed by the Greater London Authority; and a variation or revocation of such a licensing scheme shall not take effect until the order making the variation or revocation has been so submitted and confirmed.
 
      (4) Where confirmation of an order is required by this section, the order may be confirmed with or without modifications.
 
      (5) Where confirmation by both the Secretary of State and the Greater London Authority of an order making a joint local-London licensing scheme, or a variation of such a licensing scheme, is required by this section-
 
 
    (a) the order shall not be submitted to the Secretary of State until it has been confirmed by the Greater London Authority,
 
    (b) if the order has been confirmed by the Greater London Authority with modifications it is the modified order that must be submitted to the Secretary of State, and
 
    (c) the order may not be confirmed with modifications by the Secretary of State until the modifications have been confirmed by the Greater London Authority.
Licensing schemes: consultation and inquiries.     173. - (1) The licensing authority or the licensing authorities (acting jointly) may at any time before an order making, varying or revoking a licensing scheme under this Part is made, consult other persons about the licensing scheme, variation or revocation.
 
      (2) The licensing authority or the licensing authorities (acting jointly)-
 
 
    (a) may cause an inquiry to be held in relation to a licensing scheme under this Part, or the variation or revocation of such a scheme, and
 
    (b) may appoint the person or persons by whom such an inquiry is to be held.
      (3) The appropriate national authority may at any time-
 
 
    (a) before an order making or varying a licensing scheme under this Part is made, or
 
    (b) (where such an order has to be confirmed) before it is confirmed,
       consult other persons, or require the licensing authority or authorities to consult other persons, about the licensing scheme or variation.
 
      (4) The appropriate national authority-
 
 
    (a) may cause an inquiry to be held in relation to a licensing scheme under this Part or the variation of such a scheme, and
 
    (b) may appoint the person or persons by whom such an inquiry is to be held.
      (5) In the case of a joint local-London licensing scheme-
 
 
    (a) the Greater London Authority may, at any time before an order making, varying or revoking the licensing scheme is confirmed by that Authority, consult other persons, or require the licensing authorities to consult other persons, about the licensing scheme, variation or revocation, and
 
    (b) the Secretary of State shall not cause an inquiry to be held in relation to the licensing scheme, or the variation of the licensing scheme, or appoint the person or persons by whom such an inquiry is to be held, without the consent of the Greater London Authority.
      (6) Subsections (2) and (3) of section 250 of the Local Government Act 1972 (witnesses at local inquiries) apply in relation to any inquiry held by virtue of this section.
 
      (7) Where an inquiry is held by virtue of this section in relation to a licensing scheme or the variation or revocation of such a scheme-
 
 
    (a) the costs of the inquiry shall be paid by the licensing authority or authorities, and
 
    (b) the parties at the inquiry shall bear their own costs.
 
Contents of licensing schemes and licences
Matters to be dealt with in licensing schemes.     174. - (1) A licensing scheme under this Part must-
 
 
    (a) designate the area covered by the licensing scheme ("the licensing area"),
 
    (b) state the days on which, and hours during which, a licence is required,
 
    (c) specify the charges payable on licences (expressed as a specified sum of money for each licensed unit), and
 
    (d) state whether or not the licensing scheme is to remain in force indefinitely and, if it is not to remain in force indefinitely, the period for which it is to remain in force.
      (2) Subject to sections 167 to 169 and to any modifications made by virtue of section 172, the designation by a licensing scheme under this Part of the boundaries of the licensing area shall be such as the licensing authority or authorities may determine.
 
      (3) The charges that may be imposed by a licensing scheme under this Part include different charges (which may be no charge) for different cases, including (in particular)-
 
 
    (a) different days,
 
    (b) different times of day,
 
    (c) different parts of the licensing area,
 
    (d) different classes of motor vehicles, and
 
    (e) different numbers of licensed units.
      (4) In setting the charges imposed by a licensing scheme under this Part, regard may be had to the purposes for which any of the net proceeds of the licensing scheme may be applied (in accordance with Schedule 12).
 
      (5) 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,
 
    (c) the issue of a licence, and
 
    (d) the variation or revocation of a licence.
Licensing schemes: exemptions etc.     175. - (1) The appropriate national authority may make regulations requiring licensing schemes under this Part to contain provision for or in connection with-
 
 
    (a) exemptions from licensing,
 
    (b) the application of reduced rates of charges payable on licences, or
 
    (c) the imposition of limits on the charges payable on a licence.
      (2) Subject to regulations under subsection (1) and to section 172(1) and (3), a licensing scheme under this Part may contain provision of any of the descriptions specified in that subsection.
 
      (3) The same premises shall not be subject to more than one licensing scheme under this Part, or to such a licensing scheme and a scheme under Schedule 24 to the Greater London Authority Act 1999, at the same time.
 
      (4) In subsection (1) the reference to exemptions from licensing includes (as well as exemptions in respect of any description of premises, persons or motor vehicles) exemption of a specified number of parking places provided at any premises from being workplace parking places, either generally or in the case of any description of premises, persons or motor vehicles.
 
Licences.     176. - (1) A licence 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 motor vehicles (not counting exempt vehicles) which may be parked at those premises at any one time, and
 
    (d) state the amount of the charge paid on the licence and set out the calculation of that amount.
      (2) A licence may be granted subject to conditions.
 
      (3) A licence may not be granted for a period of more than one year.
 
      (4) A person commits an offence if he intentionally provides false or misleading information in or in connection with an application for a licence.
 
      (5) A person guilty of an offence under subsection (4) is liable-
 
 
    (a) on summary conviction, to a fine not exceeding the statutory maximum, or
 
    (b) on conviction on indictment, to a fine.
 
Enforcement of licensing schemes
Penalty charges.     177. - (1) The appropriate national authority may by regulations make provision for or in connection with the imposition and payment of charges ("licensing scheme penalty charges") in respect of acts, omissions, events or circumstances relating to or connected with licensing schemes under this Part.
 
      (2) The regulations may include provision for or in connection with setting the rates of licensing scheme penalty charges (which may include provision for discounts or surcharges).
 
      (3) Licensing scheme penalty charges in respect of any premises shall be paid-
 
 
    (a) by the occupier of the premises, or
 
    (b) in circumstances specified in regulations made by the appropriate national authority, by such person as is so specified.
      (4) The Lord Chancellor may make regulations about the notification, adjudication and enforcement of licensing scheme penalty charges.
 
Rights of entry.     178. - (1) Where a person duly authorised in writing by the licensing authority, or any of the licensing authorities, in relation to a licensing scheme under this Part has reason to believe that workplace parking places are being provided at any premises in the licensing area, he may at any reasonable time enter the premises for ascertaining-
 
 
    (a) whether any workplace parking places are being provided at the premises without a licence or a licence covering all the workplace parking places being provided, or
 
    (b) whether there is or has been any contravention of the conditions of a licence in respect of the premises.
      (2) A person duly authorised in writing by the licensing authority, or any of the licensing authorities, in relation to a licensing scheme under this Part may at any reasonable time enter any premises for the purpose of issuing notice of a licensing scheme penalty charge.
 
      (3) A person authorised under subsection (1) or (2) to enter any premises shall, if so required, produce evidence of his authority before so entering.
 
      (4) A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by subsection (1) or (2).
 
      (5) A person guilty of an offence under subsection (4) is liable-
 
 
    (a) on summary conviction, to a fine not exceeding the statutory maximum, or
 
    (b) on conviction on indictment, to a fine.
      (6) Where any land is damaged in the exercise of a right of entry conferred under subsection (1) or (2), compensation in respect of that damage may be recovered by any person interested in the land from the authority on whose behalf the entry was effected.
 
      (7) The provisions of section 118 of the Town and Country Planning Act 1990 shall apply in relation to compensation under subsection (6) as they apply in relation to compensation under Part IV of that Act.
 
 
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