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Amendments proposed to the Greater London Authority Bill - continued	House of Commons

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Traffic disruption charge

Mr Simon Hughes
Mr Tom Brake
Mr Paul Burstow
Mr Edward Davey

NC73

To move the following Clause:—

'.—(1) Where the revenue raised is to be invested solely and exclusively in better provision for public transport, cycling and walking in Greater London, each of the following bodies, namely,

(a) the Authority,

(b) any London borough council, or

may establish and operate schemes for imposing charges in respect of any disruption caused by works to roads, pavements or cycle lanes in their area.'.

REMAINING NEW SCHEDULES RELATING TO PART IV

Mr Nick Raynsford

NS8

To move the following Schedule:—

'SCHEDULE

Road user charging

Interpretation

1.—(1) In this Schedule—

"borough scheme" means any charging scheme other than a TfL scheme;

"charging area" means an area to which a charging scheme applies;

"charging authority" means an authority which is the maker of a charging scheme;

"charging scheme" means a scheme for imposing charges in respect of the keeping or use of motor vehicles on roads in an area designated in the scheme;

"GLA road" has the same meaning as in the Highways Act 1980 (see sections 14D(1) and 329(1) of that Act);

"highway authority" has the same meaning as in the Highways Act 1980 (see in particular sections 1 to 9 of that Act);

"immobilisation device" has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984;

"motor vehicle" shall be construed in accordance with subsection (3) of section 200 of this Act;

"net proceeds", in relation to a charging scheme, means the amount (if any) by which the gross amount received under the scheme for any financial year by the charging authority exceeds the expenses incurred by that authority in operating the scheme for that year;

"penalty charge" has the same meaning as in paragraph 12 below;

"penalty charge notice" means notice of a penalty charge;

"prescribed" means specified in, or determined in accordance with, regulations;

"regulations" means regulations made by the Secretary of State;

"relevant transport purpose" means any purpose which directly or indirectly facilitates the implementation of any policies or proposals set out in the Mayor's transport strategy;

"redistributed portion", in relation to the net proceeds of a charging scheme, shall be construed in accordance with paragraph 21(1) below;

"road" has the same meaning as in the Road Traffic Regulation Act 1984 (see section 142(1) of that Act);

"share of the net proceeds", in relation to a charging authority and a charging scheme, shall be construed in accordance with paragraph 18(2) below;

"TfL scheme" means a charging scheme made by Transport for London;

"traffic authority" has the same meaning as in the Road Traffic Regulation Act 1984 (see sections 121A and 142(1) of that Act);

"traffic sign" has the same meaning as in the Road Traffic Regulation Act 1984 (see in particular section 64 of that Act);

"trunk road" has the same meaning as in the Road Traffic Regulation Act 1984 (see section 142(1) of that Act).

(2) For the purpose of ascertaining the net proceeds of a charging scheme for any financial year, the expenses of operating the scheme in that year shall be taken to include—

(a) any costs of, or associated with, enforcement in that year;

(b) amounts attributed to that year in respect of depreciation of assets used in connection with the scheme;

(c) other amounts attributed to that year in respect of capital costs which were incurred for the purpose of establishing or operating the scheme and which fall to be apportioned between different financial years; and

(d) interest.

(3) Any reference in this Schedule to a class of motor vehicles is a reference to a class defined or described by reference to any characteristics of the motor vehicles or to any other circumstances whatsoever.

(4) For the purposes of this Schedule—

(a) the City of London shall be treated as if it were a London borough;

(b) the Common Council shall be treated as if it were the council for a London borough; and

Authority functions exercisable by the Mayor

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

Conditions for making a charging scheme

3. A charging scheme may only be made if it appears desirable or expedient for the purpose of directly or indirectly facilitating the implementation of any policies or proposals set out in the Mayor's transport strategy.

Making a charging scheme

4.—(1) Any charging scheme must be contained in an order—

(a) made under this Schedule by the authority making the scheme; and

(b) submitted to, and confirmed (with or without modification) by, the Authority.

(2) An order containing a charging scheme shall be in such form as the Authority may determine.

(3) The Authority may—

(a) consult, or require an authority making a charging scheme to consult, other persons;

(b) hold an inquiry, or cause an inquiry to be held, for the purposes of any order containing a charging scheme;

(d) make modifications to any such order, whether in consequence of any objections or otherwise, before the order takes effect;

(e) require any such order to include such exemptions for such purposes as the Authority may determine;

(f) require the authority by whom any such order is made to place and maintain, or cause to be placed and maintained, such traffic signs in connection with that order as the Authority may determine.

Scheme to conform with Mayor's transport strategy

5. A charging scheme must be in conformity with the Mayor's transport strategy.

Approval of Authority required for inclusion of certain provisions

6. The approval of the Authority must be obtained before there is included in a borough scheme any provision of a description specified in a direction under this paragraph given by the Authority to the London borough councils.

Joint charging schemes

7.—(1) The Authority may authorise or require two or more London borough councils acting jointly to make a charging scheme applying to the whole or part of their combined areas (a "joint charging scheme").

(2) In the application of this Schedule in relation to a joint charging scheme, any reference to the charging authority is a reference to all or any of the London borough councils concerned.

The contents of a charging scheme

8. A charging scheme must—

(a) designate the area to which it applies;

(b) specify the classes of motor vehicles in respect of which a charge is imposed;

(d) specify the charges imposed.

The charging area and the roads

9.—(1) The designation of—

(a) the boundaries of the charging area, and

(b) the roads in that area in respect of which charges are imposed,

shall be such as the authority making the charging scheme may determine, subject to any modifications made by the Authority.

(2) A TfL scheme may apply to an area which consists of the whole or any part of Greater London.

(3) A borough scheme may apply to an area which consists of the whole or any part of the area of the authority (or, in the case of a joint charging scheme, the combined areas of the authorities) making the scheme.

(4) A road shall not be subject to charges imposed by more than one charging authority at the same time.

(5) In the application of sub-paragraph (4) above in relation to a joint charging scheme, the authorities making the scheme shall be treated as if they together constituted a single charging authority.

(6) A TfL scheme may impose charges in respect of roads in the charging area, whether or not Transport for London is the traffic authority or the highway authority for those roads.

(7) A charging scheme must not impose charges in respect of a trunk road except with the consent of the Secretary of State.

(8) A borough scheme may impose charges in respect of GLA roads.

The charges

10.—(1) A charging scheme shall specify or describe the events by reference to the happening of which a charge is imposed by the charging scheme in respect of a motor vehicle being kept or used on a road in a charging area.

(2) A charging scheme may make provision in relation to the manner in which charges are to be made, collected, recorded or paid.

(3) The charges that may be imposed by a charging scheme include different charges (which may be no charge) for—

(a) different days;

(b) different times of day;

(d) different classes of motor vehicles.

(4) In setting the rates of charge, regard may be had to the purposes for which the charging authority is to apply the net proceeds of the scheme.

Exemptions, reduced rates etc

11. A charging scheme may make provision for or in connection with—

(a) exemptions from charge,

(b) the application of reduced rates of charge, or

in the case of any particular class of motor vehicles or description of persons.

Penalty charges

12.—(1) Regulations may make provision for or in connection with the imposition, notification, payment, adjudication or enforcement of penalty charges in respect of acts, omissions, events or circumstances relating to or connected with a charging scheme.

(2) Regulations under sub-paragraph (1) above may make provision for or in connection with setting the rates of penalty charges (which may include provision for discounts or surcharges).

Liability for charges

13.—(1) Regulations may make provision for or in connection with making the registered keeper of a motor vehicle, or such other person as may be prescribed, liable to pay any charges imposed in respect of the vehicle under or by virtue of a charging scheme.

(2) Regulations may make provision for or in connection with making it a defence for the registered keeper of a motor vehicle to show that at the time of an event giving rise to the imposition of charges another person was driving the vehicle without the registered keeper's consent.

(3) Regulations may make provision for sums payable under or by virtue of a charging scheme to be recoverable as a civil debt.

(4) Any reference in this paragraph to charges includes a reference to penalty charges.

Installation of equipment on roads or elsewhere

14. A charging authority may install, or authorise the installation, of any equipment used or to be used in connection with the operation or enforcement of the charging scheme.

Accounts and funds

15.—(1) A charging authority shall keep an account of their income and expenditure in respect of each of the authority's charging schemes.

(2) Each of the following bodies, namely—

(a) the Authority,

(b) Transport for London, and

shall keep an account of their income and expenditure in respect of the sums received by the body which represent net proceeds of charging schemes for which the body is not the charging authority.

(3) As soon as possible after the end of each financial year, each of the bodies required to keep an account under sub-paragraph (1) or (2) above shall prepare a statement of that account for that year.

(4) A statement of account required to be prepared under sub-paragraph (3) above for any financial year shall be published—

(a) in the case of a statement of account prepared by Transport for London, in the annual report of Transport for London under section 138 of this Act for that year;

(b) in any other case, in the annual accounts for that year of the body which prepared the statement of account.

(5) At the end of each financial year—

(a) any deficit in an account required to be kept under sub-paragraph (1) or (2) above shall be made good out of the body's general fund; and

(b) any surplus in any such account shall be dealt with in accordance with sub-paragraphs (6) and (7) below.

(6) Any such surplus shall be applied towards making good to the general fund any amount charged to that fund under sub-paragraph (5)(a) above in respect of the account in question in the four years immediately preceding the financial year in question.

(7) So much of any surplus as remains after the application of sub-paragraph (6) above shall be carried forward in the account in question to the next financial year.

(8) In the application of this paragraph in relation to Transport for London, any reference to its general fund shall be taken as a reference to its gross income.

Application of the net proceeds

16.—(1) In the case of any charging scheme which comes into force during the period of ten years beginning with the inception of the Authority, the net proceeds of the scheme shall, during the scheme's initial period, be available only for application for relevant transport purposes by any one or more of the following bodies, namely—

(a) the Authority;

(b) Transport for London; or

(2) Except as provided by sub-paragraph (1) above, the net proceeds of a charging scheme shall be applied only as may be specified in, or determined in accordance with, regulations under this sub-paragraph.

(3) Regulations under sub-paragraph (2) above may include provision conferring a discretion on any body or person.

(4) The provision that may be made by regulations under sub-paragraph (2) above includes provision for sub-paragraph (1) above to continue to apply, but with the substitution for the number of years for the time being there mentioned of a number of years greater than ten.

(5) The net proceeds of charging schemes may only be applied for purposes which provide value for money.

(6) Sub-paragraphs (1) to (5) above are without prejudice to paragraph 15(6) above.

(7) In this paragraph—

"the inception of the Authority" means the commencement of the term of office of the Mayor and Assembly members returned at the first ordinary election;

"the initial period", in the case of any charging scheme, means—

(a) the period of ten years beginning with the coming into force of the scheme; or

(b) such longer period as the Secretary of State may allow in the case of any particular scheme.

Provisions supplementary to paragraph 16

17.—(1) Before making any regulations under paragraph 16(2) above, the Secretary of State shall make an assessment of what he considers to be—

(a) the likely amounts of net proceeds of charging schemes; and

(b) the potential for spending such net proceeds on relevant transport purposes which provide value for money.

(2) Before making any such regulations, the Secretary of State shall consult the Authority.

(3) The Secretary of State may issue guidance to the Authority, Transport for London and the London borough councils with respect to the appraisal of whether any application of net proceeds of a charging scheme for any purpose provides value for money.

(4) In determining how to apply the net proceeds of charging schemes, the Authority, Transport for London and any London borough council shall comply with any guidance issued by the Secretary of State under sub-paragraph (3) above.

(5) The Secretary of State may at any time vary the guidance under sub-paragraph (3) above.

(6) In determining for the purposes of paragraph 16 above when the initial period there mentioned begins or expires in the case of any charging scheme, regulations may make provision as to circumstances in which—

(a) the same charging scheme is to be regarded as continuing in force, notwithstanding the making of amendments or the revocation and replacement (with or without modifications) of a scheme; or

(b) a different scheme is, or is not, to be regarded as coming into force.

Apportionment of net proceeds of charging schemes

18.—(1) Subject to any provision made by regulations under paragraph 16(2) above, the Authority may require a charging scheme to include provision for such portion of the net proceeds as the Authority may determine to be paid to—

(a) the Authority,

(b) Transport for London, or

for application for relevant transport purposes.

(2) In this Schedule, any reference to a charging authority's share of the net proceeds of a charging scheme is a reference to so much of the net proceeds of the scheme as remains after the making of any payments to other bodies or persons required by virtue of sub-paragraph (1) above or regulations under paragraph 16(2) above.

(3) For the purposes of this Schedule, the payment by the Authority of a sum received by the Authority by virtue of sub-paragraph (1) above to any body corporate for the purpose of the application of that sum by that body for relevant transport purposes shall be taken to be the application of that sum by the Authority for relevant transport purposes.

Charging authority's 10 year plan for their share

19.—(1) A charging scheme must include a statement of the charging authority's proposed general plan for applying the authority's share of the net proceeds of the scheme during the opening ten year period.

(2) In sub-paragraph (1) above, "the opening ten year period", in relation to any charging scheme, means the period which—

(a) begins with the date on which the scheme comes into force; and

(b) ends with the tenth financial year that commences on or after that date.

(3) An order containing a charging scheme shall not come into force unless and until the statement required by sub-paragraph (1) above has been approved—

(a) by the Secretary of State; and

(b) if the scheme is a borough scheme, by the Authority.

(4) In the case of a borough scheme, an application for approval under sub-paragraph (3)(a) above may only be made—

(a) by the Authority acting on behalf of the charging authority; and

(b) after the giving by the Authority of the approval required by sub-paragraph (3)(b) above.

Charging authority's 4 year programmes for their share

20.—(1) As long as a charging scheme remains in force, the charging authority shall, during every fourth financial year after the financial year in which the scheme comes into force, prepare a written statement of their proposed general programme for applying the authority's share of the net proceeds of the scheme during the next four financial years.

(2) Any statement required to be prepared under sub-paragraph (1) above must be submitted for approval to—

(a) the Secretary of State; and

(b) in the case of a borough scheme, the Authority.

(3) Any statement required to be submitted to the Secretary of State under sub-paragraph (2)(a) above must be so submitted not less than six months before the end of the financial year during which the statement is required to be prepared.

(4) In the case of a borough scheme, any submission to the Secretary of State under sub-paragraph (2)(a) above may only be made—

(a) by the Authority acting on behalf of the charging authority; and

(b) after the giving by the Authority of the approval required by sub-paragraph (2)(b) above.

(5) Any statement prepared and approved under this paragraph in the case of a charging scheme prevails for all purposes over any conflicting provisions in the statement included in the scheme pursuant to paragraph 19 above.

Authority's 10 year plan for the redistributed portion

21.—(1) This paragraph applies in relation to a charging scheme which by virtue of paragraph 18(1) above includes provision for a portion of the net proceeds of the scheme (the "redistributed portion") to be paid by the charging authority to another body.

(2) The Authority shall prepare and submit to the Secretary of State a statement of the Authority's general plan for the application (whether by the Authority or any other body) of the redistributed portion during the opening ten year period.

(3) In sub-paragraph (2) above, "the opening ten year period", in relation to any charging scheme, means the period which—

(a) begins with the date on which the scheme comes into force; and

(b) ends with the tenth financial year that commences on or after that date.

(4) An order containing a charging scheme shall not come into force unless and until any statement required by sub-paragraph (2) above in the case of that scheme has been approved by the Secretary of State.

Authority's 4 year programmes for the redistributed portion

22.—(1) As long as a charging scheme to which paragraph 21 above remains in force, the Authority shall, during every fourth financial year after the financial year in which the scheme comes into force, prepare the statement described in sub-paragraph (2) below.

(2) That statement is a written statement of the Authority's proposed general programme for the application (whether by the Authority or any other body) of the redistributed portion of the net proceeds of the scheme during the next four financial years.

(3) Any statement required to be prepared under sub-paragraph (1) above must be submitted for approval to the Secretary of State not less than six months before the end of the financial year during which the statement is required to be prepared.

(4) A statement prepared and approved under this paragraph for any scheme prevails for all purposes over any conflicting provisions in the statement prepared and approved under paragraph 21 above for that scheme.

Non-compliance with paragraph 20 or 22 above

23.—(1) Except with the consent of the Secretary of State in any particular case, none of the charging authority's share of the net proceeds of a charging scheme may be applied in any financial year beginning after the end of the opening four year period unless and until a statement under paragraph 20 above having effect in relation to a period in which that year falls has been prepared and approved under that paragraph.

(2) Except with the consent of the Secretary of State in any particular case, none of the redistributed portion of the net proceeds of a charging scheme may be applied in any financial year beginning after the end of the opening four year period unless and until a statement under paragraph 22 above having effect in relation to a period in which that year falls has been prepared and approved under that paragraph in relation to the scheme.

(3) In this paragraph, "the opening four year period", in relation to any charging scheme, means the period which—

(a) begins with the date on which the scheme comes into force; and

(b) ends with the fourth financial year that commences on or after that date.

Offences

24.—(1) A person who, with intent to avoid payment of a charge imposed by a charging scheme or with intent to avoid being identified as having failed to pay such a charge,—

(a) interferes with any equipment used for or in connection with charging under a charging scheme,

(b) causes or permits the registration plate of a motor vehicle to be obscured, or

is guilty of an offence.

(2) A person guilty of an offence under sub-paragraph (1) above 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.

Examination of motor vehicles etc

25.—(1) Regulations may make provision conferring powers on prescribed persons for or in connection with—

(a) examining a motor vehicle for the purpose of ascertaining whether any document required by a charging scheme to be displayed while a motor vehicle is on a road in a charging area is so displayed; or

(b) examining a motor vehicle for the purpose of ascertaining whether any equipment required by a charging scheme to be carried in or fitted to a motor vehicle while the vehicle is on a road in a charging area—

(i) is so carried or fitted,

(ii) is in proper working order, or

(iii) has been interfered with unlawfully,

or whether any conditions relating to the use of any such equipment are satisfied.

(2) The provision that may be made by regulations under sub-paragraph (1) above includes provision for or in connection with conferring on a person duly authorised in writing by a charging authority power to enter a motor vehicle for the purpose of exercising any of the powers conferred on that person under that sub-paragraph.

Removal or immobilisation of motor vehicles

26. Regulations may make provision for or in connection with—

(a) the fitting of immobilisation devices to motor vehicles;

(b) the removal and storage of motor vehicles;

(d) requiring the satisfaction of conditions before the release of a motor vehicle.

Determination of disputes and appeals

27. Regulations may make provision for or in connection with—

(a) the determination of disputes;

(b) appeals against determinations or any failure to make a determination;

Approval of equipment

28.—(1) No equipment of a description specified in a direction under this paragraph given by the Authority to Transport for London and every London borough council may be used in connection with a charging scheme 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 charging scheme ("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 sub-paragraph (2) above to the Authority, the non-standard equipment may no longer be used in connection with a charging scheme except with the authorisation of the Secretary of State.

(4) Any authorisation under sub-paragraph (3) above may be given subject to conditions.

(5) Any authorisation under sub-paragraph (3) above, and any conditions under sub-paragraph (4) above, may be varied or revoked.

(6) In this paragraph "national standard" means any standard approved by the Secretary of State by regulations made under any enactment and in force in an area which consists of or includes the whole of England outside Greater London.

Evidence

29. Regulations may make provision for or in connection with permitting evidence of a fact relevant to proceedings for an offence under this Schedule, or proceedings in respect of a failure to comply with the provisions of a charging scheme, to be given by the production of—

(a) a record produced by a prescribed device; and

(b) a certificate (whether in the same or another document) as to the circumstances in which the record was produced signed by a prescribed person.

Exclusions for motor vehicles not on roads

30. A charging scheme may not authorise or require—

(a) the imposition of charges in respect of a motor vehicle by reference to its presence in a charging area at a time at which the vehicle is not on a road;

(b) the examination, for any purpose relating to or connected with this Schedule, regulations or a charging scheme, of a motor vehicle found in a charging area at a time at which the vehicle is not on a road; or

(c) the fitting of an immobilisation device to, or the removal of, a motor vehicle found in a charging area at a time at which the vehicle is not on a road.

Expenses

31. The Authority, Transport for London or a London borough council may—

(a) incur expenditure in or in connection with the establishment or operation of a charging scheme; or

(b) enter into arrangements (including arrangements for forming or participating in companies) with any body or person in respect of the operation of a charging scheme or relating to the installation or operation of any equipment used for or in connection with the operation of a charging scheme.

Directions by the Authority

32.—(1) The Authority may give to any London borough council general or specific directions requiring the council to exercise, in such manner as may be specified in the directions,—

(a) any of the council's powers under this Schedule; or

(b) for purposes connected with a charging scheme made by that council or any other authority, any of the council's powers under any other enactment relating to the management or control of traffic.

(2) A London borough council shall comply with any directions given to the council by the Authority.

Guidance by the Authority

33.—(1) The Authority may issue guidance to Transport for London or any London borough council in relation to the discharge of their functions under this Schedule.

(2) Transport for London or a London borough council in exercising any function under this Schedule shall have regard to any guidance issued by the Authority under this paragraph.

Crown roads

34.—(1) This Schedule applies in relation to Crown roads as it applies in relation to other roads.

(2) In sub-paragraph (1) above "Crown road" has the same meaning as in section 131 of the Road Traffic Regulation Act 1984.

Crown application

35.—(1) Subject to the provisions of this paragraph, the provisions of this Schedule and of regulations and charging schemes made under it shall bind the Crown.

(2) No contravention by the Crown of any provision of this Schedule or of any regulations or charging scheme made under it shall make the Crown criminally liable; but 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.

(3) Notwithstanding anything in sub-paragraph (2) above, the provisions of this Schedule and of regulations and charging schemes made under it 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 Schedule or regulations made under it shall be exercisable in relation to any motor vehicle in the public service of the Crown.

(5) Nothing in this paragraph shall be taken as in any way affecting Her Majesty in her private capacity; and this sub-paragraph 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.

Duration of charging schemes

36. A charging scheme shall state whether or not it is to remain in force indefinitely and, if it is not to remain in force indefinitely, shall state the period for which it is to remain in force.

Variation and revocation of charging schemes

37. The power to make a charging scheme includes power, exercisable in the same manner, and subject to the same conditions and limitations, to vary or revoke such a scheme.'.