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Arrangement of Clauses (Contents)

Transport for London (Supplemental Toll Provisions)
 

To confer further powers upon Transport for London; and for related purposes.

WHEREAS—

(1)It is expedient that the powers of Transport for London should be extended and amended as provided in this Act:
(2)It is expedient that further provision be made in relation to the manner in which tolls chargeable under toll orders made by Transport for London under the New Roads and Street Works Act 1991 (c. 22) ("TfL toll orders") are charged, collected, recorded, refunded and paid:
(3)It is expedient that provision be made enabling the imposition of penalty charges in respect of acts, omissions, events or circumstances relating to or connected with a TfL toll order:
(4)It is expedient that further provision be made in connection with the operation and enforcement of a TfL toll order:
(5)It is expedient that provision be made for the imposition of offences for acts and omissions in connection with a TfL toll order:
(6)It is expedient that Transport for London should have powers for the removal, immobilisation or destruction of motor vehicles in relation to the non-payment of penalty charges imposed in connection with a TfL toll order:
(7)It is expedient that the provisions contained in this Act should be enacted:
(8)The purposes of this Act cannot be effected without the authority of Parliament:
(9)In relation to the promotion of the Bill for this Act Transport for London has complied with the requirements of section 167 of, and Schedule 13 to, the Greater London Authority Act 1999 (c. 29):

May it therefore please your Majesty that it may be enacted, and be it enacted, by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Preliminary

1Citation and commencement

This Act may be cited as the Transport for London (Supplemental Toll Provisions) Act 2007 and shall come into operation at the end of the period of two months beginning with the date on which it is passed.

2Interpretation
(1)In this Act—
 "the 1991 Act" means the New Roads and Street Works Act 1991 (c. 22);
 "the 1999 Act" means the Greater London Authority Act 1999 (c. 29);
 "the 2007 Act" means the London Local Authorities and Transport for London Bill deposited in Parliament on 27 November 2004;
 "the Authority" means the Greater London Authority;
 "immobilisation device" has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984 (c. 27);
 "local authority" means a county council, a district council, a London borough council, a parish council or the Common Council of the City of London;
 "Mayor" means Mayor of London;
 "motor vehicle" has the meaning given in section 185(1) of the Road Traffic Act 1988 (c. 52);
 "penalty charge" has the same meaning as in paragraph 5 of the Schedule to this Act;
 "prescribed" means prescribed by a supplemental toll provisions order;
 "registered keeper", in relation to a toll or penalty charge imposed in respect of a motor vehicle, means the person in whose name the vehicle was registered under the Vehicle Excise and Registration Act 1994 (c. 22) at the time of the act, omission, event or circumstances in respect of which the toll or penalty charge is imposed;
 "road" has the meaning given by section 142(1) of the Road Traffic Regulation Act 1984;
 "supplemental toll provisions order" has the meaning given by section 4(3);
 "traffic sign" has the meaning given by section 64 of the Road Traffic Regulation Act 1984 but also includes signposts and other signs and notices included in that term by section 71(2) of that Act;
 "TfL" means Transport for London;
 "TfL charging scheme" means a charging scheme within the meaning given by paragraph 1(1) of Schedule 23 to the 1999 Act made by TfL; and
 "TfL toll order" means an order made by TfL under section 6 of the 1991 Act.

(2)In this Act "the TfL toll order" and "tolls", in relation to a supplemental toll provisions order, means the TfL toll order in respect of which the supplemental toll provisions order makes provision and the tolls chargeable under that TfL toll order.
(3)References in this Act to functions under a supplemental toll provisions order include references to functions under the TfL toll order.
3Authority functions exercisable by Mayor

Any functions conferred or imposed on the Authority by or under this Act are exercisable by the Mayor acting on behalf of the Authority.

Supplemental Toll Provisions Orders

4Supplemental toll provisions orders
(1)Where TfL has made a TfL toll order, TfL may make a further order making provision for, or in connection with, the tolls charged under the TfL toll order.
(2)The power of TfL to make a supplemental toll provisions order may be exercised before, as well as after, the TfL toll order has been confirmed by the Secretary of State under section 6(2) of the 1991 Act.
(3)An order made under this section is referred to in this Act as a supplemental toll provisions order.
5Making a supplemental toll provisions order
(1)A supplemental toll provisions order made by TfL must be submitted to, and confirmed (with or without modification) by, the Authority.
(2)A supplemental toll provisions order shall be in such form as the Authority may determine.
(3)The Authority may—
(a)consult, or require TfL before making a supplemental toll provisions order to consult, other persons;
(b)require TfL to publish its proposals for a supplemental toll provisions order and to consider objections to the proposals;
(c)make modifications to a supplemental toll provisions order, whether in consequence of any objections or otherwise, before the order takes effect;
(d)require TfL to publish notice of a supplemental toll provisions order and of its effect; and
(e)require TfL to place and maintain, or cause to be placed and maintained, such traffic signs in connection with a supplemental toll provisions order as the Authority may determine.
(4)The Authority may notify the Secretary of State under section 8 (reserve powers of Secretary of State) of its intention to confirm a supplemental toll provisions order before the TfL toll order is confirmed by the Secretary of State under section 6(2) of the 1991 Act but shall not confirm the supplemental toll provisions order (with or without modification) until the TfL toll order has been confirmed by the Secretary of State under that section.
6Contents of a supplemental toll provisions order
(1)Without prejudice to the generality of section 4(1) (supplemental toll provisions orders), the provision which may be made by a supplemental toll provisions order includes that set out in the Schedule to this Act (provision which may be made by a supplemental toll provisions order).
(2)Without prejudice to the generality of section 4(1) and notwithstanding any provision in the 1991 Act, a supplemental toll provisions order may make provision requiring tolls charged in respect of any motor vehicle under the TfL toll order (including penalty charges imposed in respect of any motor vehicle) to be paid—
(a)by the registered keeper of the motor vehicle; or
(b)in prescribed circumstances, by such person as is prescribed.
(3)In addition to, or instead of, setting out provisions in the order a supplemental toll provisions order may provide that any specified provisions of—
(a)Schedule 23 to the 1999 Act;
(b)the Road User Charging (Charges and Penalty Charges) (London) Regulations 2001 (S.I. 2001/2285), the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 (S.I. 2001/2313) or any other regulations made under Schedule 23 to the 1999 Act; or
(c)any TfL charging scheme,

shall have effect in relation to the TfL toll order and the tolls as they have effect in relation to a TfL charging scheme and the charges imposed under it subject to such modifications as may be prescribed.

(4)Where a supplemental toll provisions order applies any provision mentioned in subsection (3), the order may provide that if the provision is subsequently varied, amended or revoked, the provision shall have effect in relation to the TfL toll order and the tolls as so varied or amended or, as the case may be, shall cease to have effect in relation to the TfL toll order and the tolls.
7Disapplication of provisions of 1991 Act

Where a supplemental toll provisions order is made by TfL and confirmed by the Authority, sections 14 and 15 of the 1991 Act (which make provision relating to the collection and enforcement of tolling under that Act) shall cease to have effect in relation to the TfL toll order.

8Reserve powers of Secretary of State
(1)Where the Authority proposes to confirm a supplemental toll provisions order, the Authority shall before confirming the order, send a copy of the order to the Secretary of State and notify him of its intention to confirm it.
(2) Without prejudice to section 5(4) (making a supplemental toll provisions order), the Authority shall not confirm the supplemental toll provisions order until after the expiry of—
(a)the period of—
(i)42 days beginning with the day on which the notification is given, or
(ii)14 days beginning with the day on which the TfL toll order is confirmed by the Secretary of State,
whichever is the later; or
(b)such shorter period as the Secretary of State may allow.
(3)Subject to subsection (4), if, before the expiry of that period, the Secretary of State gives notice that he objects to any provision in the order conferring a power on TfL or creating an offence that provision shall not come into force unless and until the objection has been withdrawn.
(4)The Secretary of State may not object to any provision in a supplemental toll provisions order if it is substantially the same as a provision for the time being having effect for the purposes of a TfL charging scheme whether that provision is contained in the 1999 Act, in any regulations made under it or in a TfL charging scheme.
(5)Where a provision in a supplemental toll provisions order may not come into force by virtue of subsection (3), the Authority shall confirm the order subject to (in addition to any other modifications made under section 5) the omission of that provision and such other modifications as appear to the Authority to be required in consequence of that omission.
9Duration of supplemental toll provisions orders

Subject to section 10 (variation and revocation of supplemental toll provisions orders), a supplemental toll provisions order shall remain in force—

(a)for as long as tolls are chargeable under the TfL toll order; and
(b)after tolls cease to be so chargeable, for as long as may be required to collect and enforce tolls which were properly charged under the TfL toll order.
10Variation and revocation of supplemental toll provisions orders

The power to make a supplemental toll provisions order includes power to vary or revoke such an order; and section 5 (making a supplemental toll provisions order) (apart from subsection (3) (e)) applies in relation to the variation or revocation of a supplemental toll provisions order as it applies to the making of such an order.

Equipment

11Installation of equipment on roads or elsewhere
(1)TfL may—
(a)install and maintain, or authorise the installation and maintenance of, any equipment; or
(b)construct and maintain, or authorise the construction and maintenance of, buildings or other structures,

used or to be used in connection with the operation or enforcement of a TfL toll order or a supplemental toll provisions order.

(2)TfL may enter any land, and exercise any other powers which may be necessary for placing and maintaining, or causing to be placed and maintained, traffic signs in connection with a TfL toll order or a supplemental toll provisions order.
(3)Nothing in subsections (1) and (2) shall authorise TfL to install, construct, place or maintain any equipment, buildings or other structures or traffic signs on a highway without obtaining the previous consent of the highway authority.
(4)The consent of a highway authority required under subsection (3) is not to be unreasonably withheld but may be given subject to any reasonable conditions.
(5)Any question whether consent is unreasonably withheld or is given subject to reasonable conditions shall be referred to and determined by an arbitrator to be appointed, in default of agreement, by the President of the Chartered Institute of Arbitrators.
12Approval of equipment
(1)No equipment which is used in connection with the operation or enforcement of a TfL toll order or a supplemental toll provisions order and is of a description specified in a direction under this section given by the Authority to TfL may be used in connection with a TfL toll order or a supplemental toll provisions order unless the equipment is of a type approved by the Authority.
(2)Where the Secretary of State considers that—
(a)equipment of any particular description used in connection with a TfL toll order or a supplemental toll provisions order ("the non-standard equipment") is incompatible with a national standard for equipment of that or any other description; and
(b)the incompatibility is detrimental to the interests of persons resident in England outside Greater London,

he may give notice of that fact to the Authority.

(3)Where the Secretary of State has given notice under subsection (2) to the Authority, the non-standard equipment may no longer be used in connection with a TfL toll order or a supplemental toll provisions order except with the authorisation of the Secretary of State.
(4)Any authorisation under subsection (3) may be given subject to conditions.
(5)Any authorisation under subsection (3), and any conditions under subsection (4), may be varied or revoked.
(6)In this section "national standard" means any standard approved by the Secretary of State by regulations made under section 176(2) of the Transport Act 2000 (c. 38).

Exclusions

13Exclusions for motor vehicles not on roads or public off-street parking places within Greater London
(1)A supplemental toll provisions order may not authorise or require—
(a)the examination, for any purpose relating to or connected with a TfL toll order or the supplemental toll provisions order, of a motor vehicle at a time at which the vehicle is not on a London road or a London public off-street parking place; or
(b)the fitting of an immobilisation device to, or the removal of, a motor vehicle at a time at which the vehicle is not on a London road or a London public off-street parking place.
(2)A supplemental toll provisions order may not authorise TfL to enter a London public off-street parking place for the purpose of exercising any powers conferred on TfL by this Act or by the supplemental toll provisions order to examine, enter, immobilise or remove any motor vehicle without obtaining the prior consent of the operator.
(3)A supplemental toll provisions order may provide that, for the purposes of subsection (2), an operator's consent may be given to enter a London public off-street parking place—
(a)on a specific occasion; or
(b)generally.
(4)A supplemental toll provisions order—
(a)may provide that an operator's consent required under subsection (2) is not to be unreasonably withheld; and
(b)if it so provides, shall also provide that it may be given subject to any reasonable conditions.
(5)Without prejudice to the generality of subsection (4) (b), where a supplemental toll provisions order contains the provision mentioned in that subsection, the conditions shall, if so required by the operator, include the conditions mentioned in subsection (6).
(6)The conditions referred to in subsection (5) are conditions requiring TfL to reimburse the operator in respect of any loss of revenue, damage or other liability sustained as a result of—
(a)the immobilisation by TfL of any motor vehicle on,
(b)the removal by TfL of any motor vehicle from, or
(c)the taking by TfL of any other action as respects a motor vehicle on,

a London public off-street parking place.

(7)The owner, keeper or driver of a motor vehicle on a London public off-street parking place which is immobilised or removed in accordance with provision included in a supplemental toll provisions order shall not be required by the operator to pay any car parking charges or other penalty additional to those already paid, or due to be paid, to the operator at the time that the vehicle was immobilised or removed.
(8)Any provision made by a supplemental toll provisions order for the giving of notice of the immobilisation of a motor vehicle shall, in the case of a motor vehicle immobilised on a London public off-street parking place, require the notice to summarise the effects of subsection (7).
(9)A supplemental toll provisions order may provide that consent to enter a London public off-street parking place on a specific occasion shall be deemed to have been given for the purposes of subsection (2) if—
(a)TfL has served a notice on the operator asking for consent to enter on that occasion and summarising the effect of subsection (7); and
(b)the operator fails within 14 days of the service of the notice to give TfL notice of his consent or his refusal to give it.
(10)At least 7 days before entering a London public off-street parking place in accordance with a provision included in a supplemental toll provisions order by virtue of subsection (9) TfL shall take reasonable steps to ascertain whether the operator has received the notice served under subsection (9) (a).
(11)Where a supplemental toll provisions order contains the provision mentioned in subsection (4), the order shall provide that any question whether consent is unreasonably withheld or is given subject to reasonable conditions shall be referred to and determined by an arbitrator to be appointed, in default of agreement, by the President of the Chartered Institute of Arbitrators.
(12)In this section—
(a)"London public off-street parking place" means a place in Greater London, whether above or below ground and whether or not consisting of or including buildings, where off-street parking accommodation is made available by a local authority or any other person to the public (whether or not for payment);
(b)any reference to the operator of such a parking place is a reference to the local authority or other person making such parking accommodation at the parking place so available; and
(c)any reference to a London road is a reference to a road in Greater London.
 

 
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