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

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  CHAPTER III
  GENERAL AND SUPPLEMENTARY
Financial provisions about schemes.     190. Schedule 12 contains financial provisions about charging schemes and licensing schemes.
 
Powers of authorities.     191. The charging authority or licensing authority, or any of the charging authorities or licensing authorities, in relation to a charging scheme or licensing scheme under this Part may-
 
 
    (a) incur expenditure in or in connection with the establishment or operation of the charging scheme or licensing scheme, or
 
    (b) enter into arrangements (including arrangements for forming or participating in companies) with any person in respect of the operation of the charging scheme or licensing scheme or relating to the installation or operation of any equipment used for or in connection with the operation of the charging scheme or licensing scheme.
Guidance.     192. - (1) The appropriate national authority may issue guidance to non-metropolitan local traffic authorities and London traffic authorities in relation to the discharge of their functions with respect to charging schemes and licensing schemes under this Part; and such authorities shall, in exercising those functions, have regard to any such guidance.
 
      (2) Before issuing guidance under this section which relates to joint local-London charging schemes or joint local-London licensing schemes the Secretary of State shall consult the Greater London Authority about the guidance so far as it so relates.
 
      (3) Guidance issued under this section shall be published in such manner as the appropriate national authority by which it is issued considers appropriate; and the appropriate national authority may at any time vary or revoke guidance issued by it under this section.
 
Information.     193. - (1) Information obtained by-
 
 
    (a) any Minister of the Crown or government department,
 
    (b) the National Assembly for Wales, or
 
    (c) any local authority or other statutory body,
       may be disclosed to the charging authority or licensing authority, or any of the charging authorities or licensing authorities, in relation to a charging scheme or licensing scheme under this Part for or in connection with the exercise of any of their functions with respect to the charging scheme or licensing scheme.
 
      (2) Information obtained by the charging authority or licensing authority, or any of the charging authorities or licensing authorities, in relation to a charging scheme or licensing scheme under this Part for or in connection with any of their functions other than their functions with respect to the charging scheme or licensing scheme may be used by them for or in connection with the exercise of any of their functions with respect to the charging scheme or licensing scheme.
 
      (3) Any information-
 
 
    (a) which has been or could be disclosed to an authority under subsection (1) for or in connection with the exercise of any of their functions with respect to the charging scheme or licensing scheme, or
 
    (b) which has been or could be used by an authority by virtue of subsection (2) for or in connection with the exercise of any of those functions,
       may be disclosed to any person with whom the authority has entered into arrangements under section 191(b).
 
      (4) Information disclosed to a person under subsection (3)-
 
 
    (a) may be disclosed to any other person for or in connection with the charging scheme or licensing scheme, but
 
    (b) may not be used (by him or any other person to whom it is disclosed under paragraph (a)) otherwise than for or in connection with the charging scheme or licensing scheme.
Determination of disputes, appeals and evidence.     194. - (1) The Lord Chancellor may by regulations make provision for or in connection with-
 
 
    (a) appeals against decisions relating to licences under licensing schemes under this Part or any failure to make such a decision,
 
    (b) the determination of disputes relating to charging schemes or licensing schemes under this Part,
 
    (c) appeals against such determinations or any failure to make such a determination, and
 
    (d) the appointment of persons to hear any such appeals.
      (2) The Lord Chancellor may by regulations make provision for or in connection with permitting evidence of a fact relevant to proceedings for an offence under this Part, or proceedings in respect of a failure to comply with the provisions of a charging scheme or licensing scheme under this Part, to be given by the production of-
 
 
    (a) a record produced by a device specified in, or determined in accordance with, the regulations, and
 
    (b) a certificate (whether in the same or another document) as to the circumstances in which the record was produced signed by a person so specified or determined.
Crown application.     195. - (1) Chapter I applies in relation to Crown roads (within the meaning of section 131 of the Road Traffic Regulation Act 1984) as in relation to other roads.
 
      (2) The provisions of this Part and of regulations and schemes under it bind the Crown.
 
      (3) No contravention by the Crown of any of those provisions makes the Crown criminally liable; but-
 
 
    (a) 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, and
 
    (b) (subject to subsection (4)) those provisions 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-
 
 
    (a) regulations made under section 173(2), or
 
    (b) section 189(1) or (2),
       is exercisable in relation to any motor vehicle in the public service of the Crown or any premises held or used by or on behalf of the Crown.
 
      (5) Nothing in this section affects Her Majesty in her private capacity; and this subsection 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.
 
 
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