Arrangement of Clauses (Contents)

London Local Authorities and Transport for London (No. 2) Bill—continued


 

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33Fixed penalties: reserve powers of Secretary of State
(1)Where a London authority or London authorities set any levels of fixed penalties in accordance with section 32, they shall notify the Secretary of State of the levels of fixed penalties so set.
(2)Where notification of any levels of fixed penalties is required to be given under subsection (1), the levels of fixed penalties shall not come into force until after the expiration of—
(a)the period of one month beginning with the day on which the notification is given; or
(b)such shorter period as the Secretary of State may allow.
(3)If, before the expiration of that period, the Secretary of State gives notice to the London authority or London authorities in question that he objects to the levels of fixed penalties on the grounds that some or all of them are or may be excessive, those levels of fixed penalties shall not come into force unless and until the objection has been withdrawn.
(4)If, at any time before the levels of fixed penalties required to be notified under subsection (1) to the Secretary of State have come into force, the Secretary of State considers that some or all of them are excessive, he may make regulations setting the levels of fixed penalties.
(5)Levels of fixed penalties set under subsection (4) must be no higher than those notified under subsection (1).
(6)Where the Secretary of State makes any such regulations the London authority or London authorities in question must not set any further fixed penalties under section 32 until after the expiration of the period of 12 months beginning with the day on which the regulations are made.
(7)The power to make regulations under this section shall be exercisable by statutory instrument.
(8)Any statutory instrument made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
34Pedicabs
(1)Subsections (2) to (5) shall have effect in Greater London.
(2)In determining, for the purposes of the enactments mentioned in subsection (3), who was the owner of a pedicab at any time, it shall be presumed, if the pedicab was licensed, that the owner was the person in whose name the pedicab was licensed at that time.
(3)Those enactments are—
(a)Part II of the Road Traffic Act 1991 (c.40) (traffic in London);
(b)Part II of and Schedule 1 to the London Local Authorities Act 1996 (c. ix) (bus lanes);
(c)regulations made under section 144 of the Transport Act 2000 (c. 38) (civil penalties for bus lane contraventions);
(d)sections 4 to 7 of the 2003 Act (road traffic and highways);
(e)regulations under section 72 of the 2004 Act (civil penalties for road traffic contraventions);
(f)any other enactment whether passed before or after this Act which provides for the service of penalty charge notices or notices to owner on the owner of a vehicle.
(4)For the purposes of the enactments mentioned in subsection (3), a pedicab business is not to be treated as a vehicle-hire firm.   
(5)An authority responsible for the licensing of pedicabs shall, on request, make available to a London authority which is a traffic authority the name and address of the person in whose name a particular pedicab is licensed.
(6)In section 15(12) of the Greater London Council (General Powers) Act 1974 (c. xxiv) (parking on footways, grass verges, etc.), in the definition of "vehicles", after "means" insert "a pedicab (within the meaning given by section 34 of the London Local Authorities and Transport for London (No. 2) Act 2008), or".
(7)The 2003 Act is amended as follows—
(a)in section 4(5) (penalty charges for road traffic contraventions), for the words "motor vehicle" there is substituted "vehicle";
(b)in section 4(16), the definition of "motor vehicle" is omitted and the following definition is inserted at the end—

   ""vehicle" means a mechanically propelled vehicle intended or adapted for use on roads and a pedicab within the meaning given by section 34 of the London Local Authorities Act 2008.".

(8)In this section—

"licensed" means licensed under section 6 of the Metropolitan Public Carriage Act 1869 (c.115) or any other enactment specified by the Secretary of State in regulations;

"pedicab" means a cycle constructed or adapted—

(a)to seat one or more passengers; and
(b)for the purpose of being made available with a driver in the course of a business for the purpose of carrying passengers;

"pedicab business" means a business which consists, in whole or in part, of—

(a)the ownership of pedicabs;
(b)the letting out of pedicabs to riders for use as a pedicab; or
(c)taking bookings for the use of pedicabs by passengers.
(9)The power to make regulations under subsection (8) shall be exercisable by statutory instrument.

Part 6

Charging Points for Electric Vehicles

35Charging points for electric vehicles
(1)A London authority may provide and operate charging apparatus for electrically powered motor vehicles—
(a)in any public off-street car park under the management and control of the authority;
(b)on any highway for which they are responsible as highway authority.
(2)A London authority may grant a person permission to provide or operate charging apparatus for electrically powered motor vehicles—
(a)in any public off-street car park under the management and control of the authority;
(b)on any highway for which they are responsible as highway authority.
(3)Section 115D of the 1980 Act (limit on powers to provide amenities on the highway) shall apply in relation to the exercise of the powers under this section as it applies in relation to the exercise of powers under sections 115B and 115C of that Act.
(4)The powers under this section may not be exercised in relation to a local Act walkway unless walkway consent has been obtained first.
(5)Subject to subsection (6), a London authority may grant a permission under subsection (2) upon such conditions as they think fit, including conditions requiring the payment to the authority of such reasonable charges as they may determine.
(6)Nothing in this section—
(a)is to be taken as authorising the creation of a nuisance or of a danger to users of a highway or a public off-street car park; or
(b)(in relation to permissions granted under subsection (2)) is to be taken as imposing on a London authority by whom a permission has been granted any liability for injury, damage or loss resulting from the presence on a highway or public off-street car park of the charging apparatus to which the permission relates; or
(c)is to be taken as imposing on a London authority any liability for injury, damage or loss resulting from the presence on a highway or public off-street car park of a connecting cable; or
(d)shall prejudice the right of a London authority to require an indemnity against any claim in respect of injury, damage or loss arising out of the grant of the permission;

but paragraph (d) is not to be taken as requiring any person to indemnify a London authority against any claim in respect of injury, damage or loss which is attributable to the negligence of the London authority.

(7)For the purposes of determining who is liable for injury, damage or loss resulting from the presence at on a highway or public off-street car park of a connecting cable at or near charging apparatus provided under this section, it shall be presumed that the person in charge of the relevant vehicle at the relevant time had responsibility for and control of the cable.
(8)In subsection (7)—

"the relevant vehicle" means the vehicle in respect of which the connecting cable was about to be, was being or had been used for charging;

"the relevant time" means the time when the liability arose.

(9)This section is without prejudice to section 162 of the 1980 Act (penalty for placing rope, etc. across highway).
(10)In this section—

"charging apparatus" includes any fixed equipment but excludes any connecting cable;

"connecting cable" means any cable or wire, whether provided by the authority or otherwise, used to connect the charging apparatus to a vehicle and that is not permanently attached to the charging apparatus;

"local Act walkway" and "walkway consent" have the same meanings as in section 115A of the 1980 Act.

36Notices to be given before exercise of powers under section 35
(1)Subject to subsection (4), a London authority shall not—
(a)exercise any power conferred by section 35(1); or
(b)grant any permission under section 35(2),

unless they have first published a notice under this section.

(2)A London authority shall publish a notice under this section—
(a)by affixing it in a conspicuous position at or near the place to which the proposal relates; and
(b)by serving a copy of the notice on the owner and occupier of any premises appearing to the London authority to be likely to be materially affected.
(3)A notice under this section—
(a)shall give details of the proposal; and
(b)shall specify a period (being not less than 28 days after the publication of the notice) during which representations regarding the proposal may be made to the London authority.
(4)Where a London authority have published a notice under this section, they shall not exercise the power or grant the permission to which the notice relates until they have taken into consideration all representations made to them in connection with the proposal within the period specified in the notice.

37Duties to consult or obtain consent of other authorities
(1)A London authority shall not—
(a)exercise any power conferred by section 35(1); or
(b)grant any permission under section 35(2), in relation to a highway unless they have—
(i)obtained the consent of any authority other than themselves who are the highway authority for the highway; and
(ii)consulted any authority other than themselves who are a local planning authority, as defined in the Town and Country Planning Act 1990 (c. 8) for the area in which, as the case may be, they propose to exercise the power or to which the proposed permission would relate.
(2)Where a highway to which this Part of this Act applies is maintained by a relevant railway undertaker, a London authority shall not exercise any power conferred by section 35(1) or grant a permission in relation to it under section 35(2) except with the consent of the relevant railway undertaker.
(3)In this section, "relevant railway undertaker" means—
(a)Network Rail Infrastructure Limited;
(b)London Underground Limited; or
(c)any of their subsidiaries (within the meaning given by section 1159 of the Companies Act 2006 (c. 46).

38Failure to comply with terms of permission
(1)If it appears to a London authority that a person to whom they have granted a permission under section 35(2) has committed any breach of the terms of that permission, they may serve a notice on him requiring him to take such steps to remedy the breach as are specified in the notice within such time as is so specified.
(2)If a person on whom a notice is served under subsection (1) fails to comply with the notice, the London authority may take the steps themselves.
(3)Where a London authority have incurred expenses in the exercise of the power conferred on them by subsection (2), those expenses, together with interest at such reasonable rate as the authority may determine from the date of service of a notice of demand for the expenses, may be recovered by the London authority from the person on whom the notice under subsection (1) was served.
39Offence of unlawful use of charging point
(1)A charging point provided under section 35(1) or (2) may be used only for charging vehicles unless—
(a)in the case of a charging point provided under section 35(1) the London authority specifies otherwise; or
(b)in the case of a charging point provided under section 35(2) the permission specifies otherwise.
(2)If a council specifies that a charging point provided under section 35(1) may be used for some purpose other than the charging of vehicles, then they may indicate on the charging point what those purposes are (which may be by reference to purposes that are not so specified).
(3)If a permission under section 35(2) specifies that the charging point may be used for some purpose other than the charging of vehicles, then the person to whom the permission is given may indicate on the charging point what those purposes are (which may be by reference to purposes that are not so specified).
(4)If a person uses a charging point for a purpose other than charging a vehicle he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5)A person is not guilty of an offence under subsection (4) if he used the charging point for a purpose that was specified in accordance with subsection (1)(a) or (b) and an indication was at the time when he used the charging point provided on the charging point in accordance with subsection (2) or (3).

 
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Prepared 1 December 2007