Arrangement of Clauses (Contents)

Transport for London (Supplemental Toll Provisions) Bill—continued


 

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Offences

14Offences relating to payment of tolls or penalty charges
(1)A person who, with intent to avoid payment of a toll chargeable under a TfL toll order or a penalty charge under a supplemental toll provisions order or with intent to avoid being identified as having failed to pay such a toll or penalty charge—
(a)interferes with any equipment used for or in connection with tolling under the TfL toll order or penalty charges under the supplemental toll provisions order; or
(b)causes or permits the registration plate of a motor vehicle to be obscured,

is guilty of an offence.

(2)A person who makes or uses any false document with intent to avoid payment of, or being identified as having failed to pay, a toll chargeable by a TfL toll order or a penalty charge under a supplemental toll provisions order is guilty of an offence.
(3)A person guilty of an offence under subsection (1) or (2) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.
(4)A person is guilty of an offence if he removes a penalty charge notice which has been fixed to a motor vehicle in accordance with provision made by a supplemental toll provisions order unless—
(a)he is the registered keeper of the vehicle or a person using the vehicle with his authority; or
(b)he does so under the authority of the registered keeper or such a person or of TfL.
(5)A person guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

15Obstruction of exercise of powers
(1)A person who intentionally obstructs a person exercising any power conferred on him by provision made by a supplemental toll provisions order by virtue of paragraph 12 of the Schedule to this Act (provision which may be made by a supplemental toll provisions order) is guilty of an offence.
(2)A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.
(3)A person who removes or interferes with an immobilisation notice in contravention of provision made by a supplemental toll provisions order by virtue of paragraph 14 of the Schedule to this Act is guilty of an offence.
(4)A person guilty of an offence under subsection (3) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(5)A person who removes or attempts to remove an immobilisation device fixed to a motor vehicle in accordance with provision made by a supplemental toll provisions order by virtue of paragraph 14 of the Schedule to this Act in contravention of such provision is guilty of an offence.
(6)A person who intentionally obstructs a person exercising any power conferred on him by provision made by a supplemental toll provisions order by virtue of paragraph 14 of the Schedule to this Act is guilty of an offence.
(7)A person guilty of an offence under subsection (5) or (6) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Supplementary and Miscellaneous

16Expenses and arrangements
(1)The Authority or TfL may—
(a)incur expenditure in or in connection with the establishment or operation of a TfL toll order or supplemental toll provisions order; or
(b)enter into arrangements (including arrangements for forming or participating in companies) with any body or person in respect of the operation or enforcement of a TfL toll order or supplemental toll provisions order or relating to the installation or operation of any equipment used for or in connection with the operation or enforcement of a TfL toll order or supplemental toll provisions order.
(2)Arrangements made under subsection (1)(b) may provide for any functions of TfL under the TfL toll order or supplemental toll provisions order relating to the operation or enforcement of the toll order or supplemental toll provisions order to be exercisable instead by the body or person with whom the arrangements are made.

17Guidance by Authority
(1)The Authority may issue guidance to TfL in relation to the discharge of its functions under a supplemental toll provisions order.
(2)TfL in exercising any function under a supplemental toll provisions order shall have regard to any guidance issued by the Authority under this section.
(3)Guidance issued under this section shall be published in such manner as the Authority considers appropriate; and the Authority may at any time vary or revoke such guidance.

18Information
(1)Information obtained by—
(a)any Minister of the Crown or Government department, or
(b)any local authority or statutory body,

may be disclosed to TfL for or in connection with the exercise of any of its functions with respect to a supplemental toll provisions order.

(2)Information obtained by TfL for or in connection with any of its functions other than its functions with respect to a supplemental toll provisions order may be used by TfL for or in connection with the exercise of any of its functions with respect to a supplemental toll provisions order.
(3)Any information—
(a)which has been or could be disclosed to TfL under subsection (1) for or in connection with the exercise of any of its functions with respect to a supplemental toll provisions order, or
(b)which has been or could be used by TfL 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 TfL has entered into arrangements under section 16(1)(b) (expenses and arrangements).

(4)Information disclosed to a person under subsection (3)—
(a)may be disclosed to any other person for or in connection with the supplemental toll provisions order; 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 supplemental toll provisions order.

19Crown application
(1)Subject to the provisions of this section, the provisions of this Act and of supplemental toll provisions orders shall bind the Crown.
(2)No contravention by the Crown of any provision of this Act or of any supplemental toll provisions order shall make the Crown criminally liable; but the High Court may, on the application of TfL, declare unlawful any act or omission of the Crown which constitutes such a contravention.
(3)Notwithstanding anything in subsection (2), the provisions of this Act and of supplemental toll provisions orders shall 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 this Act or supplemental toll provisions orders shall be exercisable in relation to any motor vehicle in the public service of the Crown.
(5)This Act shall apply in relation to Crown roads within the meaning of section 131 of the Road Traffic Regulation Act 1984 (c. 27) as it applies to other roads.
(6)Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.

20Amendment of 2007 Act

References in Part 5 of the 2007 Act (non-payment of penalty charges) to penalty charges shall include references to penalty charges imposed under a supplemental toll provisions order.

 

 
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Prepared 5 August 2008