Hospital (Parking Charges and Business Rates) Bill (HC Bill 82)

Abolition of NHS hospital car parking charges

1 Duty of the Secretary of State to secure abolition of NHS hospital car parking
charges

(1) It shall be the duty of the Secretary of State to secure that, in England, health
5care providers do not levy charges on patients and visitors for the use of car
parking spaces at NHS hospitals.

(2) For the purposes of this Act, “health care providers” includes NHS Trusts,
NHS Foundation Trusts, and any other NHS body prescribed by the Secretary
of State in regulations.

(3) 10The duty in subsection (1) applies to car parking spaces provided directly or
indirectly, including under contract, by or on behalf of a health care provider
for patients and visitors to whom car parking charges would otherwise apply.

2 Health care providers to abolish existing NHS car parking charges

(1) Health care providers in England shall, within three months of this Act being
15passed, make arrangements to cease the charging of patients and visitors for
the use of car parking spaces at NHS hospitals provided directly or indirectly,
including under contract, by or on behalf of a health care provider where car
parking charges would otherwise apply, subject to the exception in subsection
(2).

(2) 20The exception is where—

(a) a health care provider is under contractual obligations with another
person (“P”) who is, under that contract, responsible for the provision
of car parking spaces for patients and visitors, and

(b) that contract provides for P to charge a person using the car parking
5spaces.

(3) Where a contract as referred to in subsection (2) is in place, the health care
provider must make arrangements to cease the charging of patients and
visitors for the use of car parking spaces upon conclusion of that contract or at
its next review, whichever is the earlier.

3 10Prohibition of any future NHS hospital car parking charges

Subject to the exception in section 2(2), health care providers in England shall
ensure that charges are not levied on patients and visitors for the use of car
parking spaces at NHS hospitals, whether or not such charges have previously
been levied.

4 15Health care providers to maintain parking provision

Nothing in this Act is to be read as requiring health care providers to reduce or
remove provision of car parking spaces at NHS hospitals.

Exemption of NHS hospitals from local non-domestic rates

5 NHS hospitals: exemption from local non-domestic rates

(1) 20Schedule 5 (Non-domestic rating; exemption) to the Local Government
Finance Act 1988 in amended as follows.

(2) After paragraph 19A insert—

“19B A hereditament is exempt to the extent that—

(a) it consists solely of an NHS hospital, or

(b) 25it is used solely in connection with the operation of an NHS
hospital.””

(3) In paragraph 21, after sub-paragraph (2) insert—

“(2A) “NHS hospital” means a health service hospital (as defined by the
National Health Service Act 2006) in England.””

30Final provisions

6 Regulations

(1) Regulations under section 1(2) are to be made by statutory instrument.

(2) A statutory instrument containing regulations under section 1(2) is subject to
annulment in pursuance of a resolution of either House of Parliament.

7 35Report

The Secretary of State shall, no later than 15 months after the day on which this
Act is passed, lay before each House of Parliament a report on—

(a) the number of NHS hospitals that have made arrangements to cease the
charging of patients and visitors for the use of car parking spaces; and

(b) the number of NHS hospitals that remain under contract to apply
charges for car parking spaces, and when these contracts will end.

8 5Financial provision

The following are to be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by the Secretary of
State, and

(b) any increases attributable to this Act in the sums payable under any other Act
10out of money so provided.

9 Interpretation

In this Act—

• “health care providers” has the meaning given in section 1(2);

• “NHS hospital” means a health service hospital (as defined by the
  15National Health Service Act 2006) in England;

• “NHS Trusts” has the meaning given in section 25 of the National Health
  Service Act 2006;

• “NHS Foundation Trusts” has the meaning given in section 30 of the
  National Health Service Act 2006;

• 20“patients” means persons to whom health services are being provided at
  an NHS hospital;

• “visitors” means any person who is using a car parking space in order to
  visit a patient at the NHS hospital.

10 Extent, commencement and short title

(1) 25This Act extends to England and Wales.

(2) This Act comes into force two months after the day on which it is passed.

(3) This Act may be cited as the Hospital (Car Parking and Business Rates) Act
2018.