CHAPTER V: RAILWAYS

Clauses 163 to 166: Railways

275.     The Mayor will be able to issue guidance to the Franchising Director about the management of passenger rail franchises serving London. (Franchised rail services are passenger rail services operated under a franchise agreement between the Franchising Director and a train operating company.) The guidance can cover services to, from and within Greater London, but the Franchising Director must not follow the guidance where to do so would: conflict with guidance issued to the Franchising Director by the Secretary of State; or have an adverse impact on passenger services outside London; or result in additional financial liability to the taxpayer (i.e. require the Franchising Director to make additional payments to franchise operators from his own budget).

276.     Like local authorities across the country, the GLA and TfL will not be able to run franchised railway services on the national network. But under the terms of the Franchising agreement it will be open to the GLA/TfL at its own expense (again, like local authorities elsewhere) to enter into agreements with franchise operators for additional passenger services.

277.     The Mayor will have a statutory right to be notified by the Franchising Director of any proposal by him to close a service affecting Greater London.

278.     The franchise agreements under which passenger rail services are provided in Great Britain will be amended so that the GLA and TfL will be able to require franchise operators to participate in new multi-modal ticketing arrangements and concessionary travel schemes. This will put the GLA and TfL on the same footing as local authorities elsewhere. (Multi-modal means covering more than one mode of transport. For example, "multi-modal" tickets are those that are accepted as valid on bus, rail and underground, such as the Travelcard.)

CHAPTER VI: PUBLIC-PRIVATE PARTNERSHIP AGREEMENTS

279.     PPP contracts can be awarded under the existing powers of London Regional Transport (LRT), which have been used to award major contracts under the Private Finance Initiative. The Bill gives Transport for London (TfL) corresponding powers in many cases, enabling it to enforce the contract(s) which it inherits and to award new contracts in future. However, there are a number of legislative changes that the Government considers it may well be desirable to make in order to implement LRT or TfL PPPs in the most effective way and ensure value for money.

Clause 167: Facilitation etc of PPP agreements

280.     Clause 167 empowers the Secretary of State to make regulations in connection with Public-Private Partnership (PPP) agreements. A Public-Private Partnership is a particular sort of contractual arrangement between the private and public sectors in connection with which a number of legislative changes are proposed to enable a PPP relating to the Underground to be implemented in the most effective way. Any such regulations must be agreed in both Houses before they could take effect.

281.     Clause 167 introduces Schedule 10, which makes further provision as to the provision the Secretary of State may make in regulations relating to Public-Private Partnership Agreements.

282.     Paragraph 3 provides that regulations may deal with the powers of disposal of a relevant body, namely LRT or TfL. The regulations might make provision, for example, to prohibit the disposal of specific businesses or assets, or to require TfL to gain the Secretary of State's consent before specified types of disposal could be made.

283.     Paragraphs 4 to 8 provide that regulations may deal with the designation of "key system assets". Such provisions would give an additional degree of protection, beyond contractual obligations, where assets are transferred to a private sector PPP contractor. Regulations could prohibit or restrict the disposal of such assets and prevent creditors of a contractor laying claim to them. The provisions described in these paragraphs are similar to those in section 27 of the Railways Act. However, paragraph 5 makes it clear that regulations could also provide for the designation of assets which were provided to a PPP contractor by a third party, provided the third party agreed (e.g. the designation of trains provided by a rolling stock leasing company or manufacturer, where an agreement with London Underground Limited ("LUL") would need to be put in place to ensure that it could continue to use the trains even if the PPP contract had ended).

284.     Paragraphs 11 and 12 provide that regulations may make provision with respect to property law. Such provision may be used, for example, in order to put in place the most suitable property arrangements for PPP contractors taking responsibility for London Underground Limited's immovable assets.

285.     Paragraph 14 provides that regulations may make provision that if a PPP contractor becomes insolvent the usual administration regime under the Insolvency Act 1986 would apply, but to minimise the risk of any disruption to passenger services, a special administrator could be appointed, on a petition to the court by Transport for London. The administrator's primary duty would be to see that the infrastructure continued to be made available to keep the Underground running pending the transfer of the contractor's activities to a successor who was able to perform them. TfL would have the power, subject to obtaining the Mayor's consent, to give grants or guarantees or make loans, so that the contractor could continue operations until a new owner or financiers could be found. Such powers would give TfL the flexibility to try to keep a contractor in business if this appeared to be the most cost-effective solution.

286.     Paragraph 15 provides that regulations may make provision in respect of a PPP contractor's status as a statutory undertaker. London Underground Limited is currently a statutory undertaker, which means that it enjoys particular privileges - for example, under planning law - in recognition of its public service responsibilities. To the extent that a PPP contractor inherits LUL's existing responsibilities for maintaining and modernising the Tube network, regulations could give it statutory undertaker status.

287.     Paragraph 16 provides that exemptions granted to LRT or its subsidiaries shall remain in place for the transition from LRT into TfL and for the implementation of the PPP. The result of this provision is that the existing exemptions from the national railway licensing, access, franchise and closure regimes will remain in place following the creation of TfL and implementation of the PPP.

CHAPTER VII: CONCESSIONARY FARES AND TRANSPORT FOR DISABLED PERSONS

288.     The London Regional Transport Act 1984 Act, in sections 50 to 53, makes provision for a concessionary fares scheme for elderly and disabled people. It requires the London local authorities to agree a concessionary fares scheme every year. If they fail to do so, LRT must implement a statutory scheme that guarantees free travel on all LRT services, paid for by the local authorities.

Clause 168: Concessionary fares

289.     Clause 168 provides the Secretary of State with powers to make regulations for the provision of travel concessions for elderly, blind and disabled people. A travel concession is a reduction or waiver of a fare. It permits the regulations to authorise local authorities to make voluntary arrangements with TfL and other transport operators for the provision of travel concessions. It also enables the Secretary of State, where the London local authorities have not agreed arrangements to do so, to make a scheme to provide such travel concessions for eligible residents of Greater London, and to require them to meet the cost of the scheme. In such a case it is intended that this power would be used to establish a scheme for concessionary fares broadly similar to that in the 1984 Act.

Clause 169: Disabled persons' transport services

290.     Clause 169 provides that the Secretary of State may make regulations empowering the Greater London Authority or TfL to provide, or secure the provision of, or fund, transport facilities for disabled London residents. The intention is to give TfL responsibility for the dedicated door-to-door services, Dial-a-Ride, (currently the responsibility of LRT), and Taxicard (a scheme organised by a number of London boroughs). Under both schemes, disabled people can pre-book door-to-door transport by telephone. Transport is provided by small bus (Dial-a-Ride) or individual taxi (Taxicard). It is intended that Dial-a-Ride will transfer to TfL, but arrangements for Taxicard will be decided later, in consultation with the London boroughs.

CHAPTER VIII: PENALTY FARES

291.     Clause 170 provides for the Secretary of State to make regulations for TfL to inherit LRT's ability to levy penalty fares on passengers not in possession of a valid ticket on a public transport service provided or secured by TfL.

CHAPTER IX: LONDON TRANSPORT USERS' COMMITTEE

Clauses 171 to 175: London Transport Users' Committee

292.     The Bill abolishes the London Regional Passengers Committee and replaces it with the London Transport Users' Committee ("LTUC"). LTUC will have power to assist with any complaint about transport in London, including roads. The Committee will act as the Rail Users' Consultative Committee for Greater London, and consider and report to the Assembly on complaints relating to any of the transport functions of the GLA (including services secured by TfL directly or indirectly). The Committee may refer a matter in which TfL has no responsibility to the person that the Committee feels is most appropriate to consider the complaint.

293.     The Committee will be able to make recommendations to the Assembly, Mayor and TfL about complaints it considers. For recommendations concerning complaints about highways where TfL is the highway and traffic authority the Committee will take into account the interests of all those who use the highway, including cyclists and pedestrians.

294.     The Assembly, in consultation with the Rail Regulator, will appoint LTUC's Chairman and members, ensuring that the membership adequately reflects the users of all transport modes that will be considered by LTUC. Assembly members will not be allowed to be the Chairman or members of LTUC.

295.     Paragraphs 1 and 13 of Schedule 11, which is introduced by clause 172(7), provide that the Committee must meet at least twice a year. Meetings will be open to the public apart from those occasions where matters of a confidential nature (e.g. commercially sensitive or personnel matters) are discussed.

CHAPTER X: HACKNEY CARRIAGES AND PRIVATE HIRE VEHICLES

296.     London has its own system for the licensing of hackney carriages (taxis). The legislation (mostly enacted in the last century) which applies in the Metropolitan Police District and City of London is entirely separate to the legislation which governs taxis outside the MPD. The Private Hire Vehicles (London) Act 1998 (not yet in force) introduced a system for the licensing in the Metropolitan Police district and the City of London of private hire vehicles and their drivers and operators. This is similar to that applying elsewhere in England and Wales under Part II of the Local Government (Miscellaneous Provisions) Act 1976. The Bill will transfer to TfL functions currently with the Secretary of State and the Commissioner of Police of the Metropolis.

297.     The Public Carriage Office, a civilian branch of the Metropolitan Police currently licenses taxis (and will shortly license private hire vehicles). The Bill transfers the Public Carriage Office to Transport for London

Clause 176: Transfer of hackney carriage functions

298.     Clause 176 provides for the transfer to TfL of the licensing and other functions conferred, firstly, on the Commissioners of Police of the Metropolis under the London Hackney Carriages Acts of 1843 and 1853, and secondly, on the Secretary of State under the Metropolitan Public Carriage Act 1869, in relation to Sections 6 and 8. This transfer does not however apply to any powers of the Secretary of State to make regulations or to make an order exercisable by statutory instrument.

Clause 177: The Private Hire Vehicles (London) Act 1998

299.     Once the provisions of the Private Hire Vehicles (London) Act 1998 are brought into force, the Secretary of State will have the power to regulate private hire vehicles (minicabs) within the Metropolitan Police District. His functions will include, among other things, the licensing of minicabs and of their operators and drivers. The Bill provides for the transfer of these functions to TfL but, as with taxis, this transfer does not apply to any power to make regulations or to make an order exercisable by statutory instrument.

CHAPTER XI: HIGHWAYS

300.     There is no comprehensive statutory legal definition of a highway (but see the limited definition in section 328 of the Highways Act 1980), because the concept of a highway long pre-dates highways legislation. Under common law, a highway may be broadly defined as a way over which all members of the public have the right to pass and repass. The highway authority is the body responsible for maintaining the highway where it is a highway maintainable at public expense.

301.     The London Government Act 1963 largely brought the highway law affecting London into line with that applying elsewhere. This is now consolidated in the Highways Act 1980. One difference was that in Greater London there was a 3-tier hierarchy of highway authorities. The Secretary of State was highway authority for trunk roads, the Greater London Council (GLC) for "metropolitan roads" and the London borough councils for all other roads. "Metropolitan roads" were abolished along with the GLC by the Local Government Act 1985, and some of them became trunk roads and the rest borough roads. One purpose of the Bill is to reduce the number of roads designated as trunk roads in London and to create a network of key roads for which the GLA will be highway authority.

302.     The principal purpose of Chapter XI is to create a new category of highways called "GLA Roads" for which TfL will be the highway authority. It also specifies how a highway becomes or ceases to be a GLA road and regulates the exercise of powers under the 1980 Act by a London Borough Council where this affects another authority's road.

303.     Chapter XI proceeds by way of textual amendment to the Highways Act 1980 (the 1980 Act). Clause 178 amends sections 1 and 2 of the 1980 Act, clauses 179, 180 and 181 insert new sections 14A to 14C into the 1980 Act, clause 182 inserts new section 14D and amends sections 325, 326 and 329 of the 1980 Act, and clause 183 inserts a new section 301A into the 1980 Act.

Clauses 178 to 182: GLA Roads

304.     Clause 178 provides that TfL will be the highway authority for GLA roads. The initial GLA roads will be designated by order of the Secretary of State under a new section (14A) of the 1980 Act. The Bill also provides that when a trunk road in Greater London ceases to be a trunk road it becomes a GLA road. (A trunk road is a highway for which the Secretary of State, rather than a local authority, is the highway and traffic authority (see the highway and traffic clauses for, respectively, a definition of highway authority and traffic authority). A trunk road may also be a special road (more commonly called a motorway). Examples of trunk roads in London are the A406 North Circular Road and the M4 Motorway.)

305.     Clause 180 provides that any road in Greater London except a trunk road can become a GLA road by order of the GLA and that any road can cease to be a GLA road by order of the GLA. Such orders must be made with the consent of the highway authority from whom the road is transferred or to whom the road is transferring, as the case may be. If this consent is not given, then the order is not effective unless confirmed by the Secretary of State.

     306.     Clause 181 provides that TfL is required to produce an up-to-date list and map of GLA roads and that this list and map is to be distributed to the GLA and London Borough Councils and made available for public inspection. A certificate by TfL that a highway or proposed highway is a GLA road is evidence of the facts stated in it.

     307.     Clause 182 provides that orders making or changing designations of the initial GLA roads are to be made by the Secretary of State by statutory instrument, subject to negative resolution procedure.

Clause 183: London borough councils

308.     Clause 183 provides that a borough council carrying out highway work on its own roads must notify TfL, and where the work affects a GLA road or a road in another borough, that borough council as well. TfL is given a power to direct the borough not to undertake the work so long as TfL or another borough objects. Where TfL or another borough objects, the GLA can give consent to the work after consideration of the objection.

CHAPTER XII: ROAD TRAFFIC

309.     The general law on road traffic regulation, consolidated in the Road Traffic Regulation Act 1984 ("RTRA 1984"), is varied considerably in its application to London. The Local Government Act 1985 (which abolished the Greater London Council and the Metropolitan County Councils) transferred most of the traffic authority functions of the GLC (many of which extended to all roads in Greater London except trunk roads) to the London borough councils. Part II of the Road Traffic Act 1991 made further provision about traffic in London, by creating a network of priority ("red") routes and a new statutory office of Traffic Director for London to carry out the red route programme. The Act also provided for a separate system of enforcing parking restrictions in London without the sanction of the criminal law.

310.     This Chapter proceeds largely by way of textual amendment of the Road Traffic Regulation Act 1984 and the Road Traffic Act 1991 ("RTA 91"). Clause 184 makes insertions into section 121A of RTRA 84, clause 185 amends and makes an insertion into section 73, clause 186 amends section 74 and clauses 188 to 190 make insertions after section 74. Clause 191 amends section 74 of the Road Traffic Act 1991 (RTA 91), clause 192 makes an insertion into section 76(1), clause 193 redefines "London authority" to include TfL or a London borough, clauses 194 and 195 amend section 26(2) and 63A of RTRA 84 and clause 196 makes an insertion after section 121A of RTRA 84.

Clauses 184 to 186: Transport for London as a traffic authority

311.     Clause 184 makes TfL the traffic authority for GLA roads. TfL will also be a local traffic authority. For roads in Greater London that are not GLA roads or trunk roads, the traffic authority is the relevant London borough. (Traffic regulation law, unlike highways law, is entirely a creature of statute. It enables traffic authorities - in this case TfL - to regulate the way in which the public use highways and other roads to which the public has access. It is principally concerned with the regulation of vehicles, whether moving or stationary, but also extends to all other types of traffic.)

312.     Clauses 185 and 186 provide for TfL to place traffic signs on nearby roads (for which the relevant London Borough Council is the traffic authority) as long as the sign relates to a GLA road. The signs may be placed on any structure on that road, whether or not the structure belongs to TfL. TfL may carry this out in connection with traffic regulation and experimental traffic orders and in other circumstances (e.g. temporary traffic orders under section 14 of RTRA 84), provided they consult the London Borough Council which is the traffic authority for the road. (Experimental traffic orders are used where the effects of the order cannot be confidently predicted. They also provide for the fine-tuning of the measures without the need to amend the order and for its effect to be monitored before decisions are taken on whether or not to make it permanent.)

313.     These clauses also provide that responsibility for maintaining, altering or removing traffic signs rests with the traffic authority responsible for the order which enabled the placing of those signs. They further provide that where the sign is on or near a GLA road, or is erected as described above, TfL will be the traffic authority for that sign.

314.     Where TfL exercises its powers in relation to traffic signs otherwise than by traffic regulation orders or experimental traffic orders, it can remove or reposition those signs whether or not it was placed by TfL. Where TfL removes or repositions a sign placed by another authority, TfL will own that sign. The traffic authority for the road where the sign has been placed or repositioned by TfL cannot alter or remove the sign except with the consent of TfL or by direction of the Secretary of State.

Clauses 187 to 190: Traffic control systems in Greater London

315.     Clauses 187 to 190 transfer Secretary of State statutory functions for traffic control systems in Greater London to TfL for all roads other than trunk roads. The Bill transfers any property that the Secretary of State holds in connection with these statutory functions to TfL. (Traffic control systems can be defined as electronic systems which provide either regulation, instruction, information or guidance to road users and to authorities from installations on or adjacent to the highway. They include traffic signals and signalled pedestrian crossings together with their associated control and monitoring computer systems, vehicle and pedestrian detectors, variable message signs, closed circuit television cameras, speed cameras and emergency telephones.)

316.     The clauses provide for existing traffic signals, and their maintenance and operation, to be devolved to London borough councils. Such councils can also set up and operate new traffic signals, with TfL's consent.

317.     The clauses also provide for the transfer to TfL, from the Secretary of State (and vice versa) of traffic control systems in Greater London. Where the Secretary of State decides that he wants to pass to TfL the traffic control systems for a trunk road (or trunk roads) in Greater London, he can transfer (i) all the systems relating to that road, and (ii) the maintenance and operation of those systems. The Bill also provides for the transfer from TfL to the Secretary of State of the entire traffic control system for all the roads in Greater London and that this can be reversed providing the Secretary of State and TfL agree. On all roads in Greater London other than trunk roads, wherever a traffic sign is also a light signal, TfL shall be deemed to be the traffic authority for those roads.

Clause 191 to 193: Parking

318.     Clauses 191 to 193 provide that TfL or the London borough councils may set additional parking charges on those roads for which they are the traffic authority. (Additional parking charges means: penalty charges, charges for removal, storage and disposal of vehicles, and charges for removing wheel clamps.) The charges may vary between different areas. The Secretary of State will have the final say on the levels of additional parking charges proposed by TfL or the London borough councils.

319.     TfL and the boroughs must publish their parking charges, in a form determined by the Mayor. The Bill provides that the "Joint Committee" (this is at present known as the "Transport Committee for London") will set borough parking charges on behalf of London borough councils. (Section 73 of RTA 91 obliged London borough councils to establish a single joint committee ("the joint committee") under section 101(5) of the Local Government Act 1972.) Any TfL member of that committee will be disqualified from setting borough parking charges.

320.     Clause 192 provides that Special Parking Area (SPA) orders can only be made by TfL in relation to GLA roads or trunk roads, or by a borough council to the extent that the areas are to consist of other roads. (SPAs provide that offences involving the contravention of waiting restrictions indicated by yellow lines, and other offences, become "decriminalised" and replaced by a system of penalty charges similar to that used for designated parking places. To date, SPAs have been made for London boroughs, with limited exclusions.)

Clause 194 and 195: School crossing patrols and parking attendants

     321.     Outside the Metropolitan Police District ("MPD"), School Crossing Patrols are the statutory responsibility of local authorities. In the MPD (which includes either wholly or partly within it eight London 'fringe' districts), the Metropolitan Police have that responsibility. The Bill transfers this from the Metropolitan Police to the London Borough Councils and the eight fringe districts.

322.     Clauses 194 and 195 transfer from the Secretary of State to the GLA the power to prescribe what uniforms parking attendants will wear, and widen the definition of local authorities for this purpose to include the GLA.

Clauses 196 to 199: Miscellaneous and supplementary provisions

323.     Clause 196 provides that a London borough council exercising any road traffic powers that affect a GLA road or a road in another borough must notify TfL and the council of that other borough. When TfL or the other London borough council object, the GLA can give consent to the work after consideration of the objection.

CHAPTER XIII: NEW CHARGES AND LEVIES

Clause 200: Road user charging

324.     Clause 200 provides a framework within which the GLA will be able to introduce road user charging schemes across all or part of London. It will be for the Mayor to decide whether or not to use these powers. Individual boroughs will also be able to bring forward charging schemes in their area, but only subject to the agreement of the Mayor. If the Mayor decides to set up a road-user charging scheme, it will be for him or her to decide how it will work in practise. Charging might work, for example, by the application of charges to enter a designated area or cross-zonal boundaries within it, or to pass points on a designated road.

325.     Schedule 13, introduced by clause 200(2), makes further provision for road user charging.

326.     Paragraphs 3 and 4 and 8 to 11 of Schedule 13 contain provisions for designing and implementing road user charging schemes. They will allow the Mayor considerable flexibility in deciding how any road user charging scheme brought forward in London will be designed, implemented and operated. Decisions about exemptions and privileges, when and where charges apply, the duration of a scheme - if not indefinite - and the level of the charge will ultimately rest with the Mayor. The role of the Secretary of State in approving any schemes will be kept to a minimum to reflect the Government's proposals for a strong and effective Mayor. Orders to give effect to a road user charging scheme will be made by Transport for London or individual boroughs.

327.     Paragraphs 5 to 7, 25, 26 and 28 of Schedule 13 contain provisions that will make the Mayor responsible for approving, modifying or rejecting a scheme proposed by a borough, and will be able to require the borough to introduce any complementary traffic management measures which might be necessary for the smooth and efficient operation of a charging scheme. Boroughs will be able to work together to develop schemes, again subject to the Mayor's agreement. The Mayor will be able to require a borough to participate in a road user charging scheme. The Mayor will be able to issue guidance to boroughs on the form which their schemes should take.

328.     Schedule 13 enables the Secretary of State to make regulations to require type-approval of electronic equipment installed in vehicles or on the roadside, and the Home Office will approve any cameras used for enforcement. This is because a scheme introduced in London could set the standard for the rest of the country. Approval of any cameras used in the enforcement process will be required from the Home Office to ensure the acceptability of admissibility of images as evidence in a court of law.

329.     Paragraphs 12, 13, 16 to 20 and 22 of Schedule 13 allow the Secretary of State to make regulations to provide for the fair and effective enforcement of road user charging schemes. This includes arrangements for appeals and adjudication. It is intended that non-payment of a road user charge will be a civil issue rather than a criminal offence, and outstanding charges will be recoverable as a civil debt. The registered keeper of a vehicle will be liable to pay any road user charge and any penalty charge notice although, of course, there will be a defence where the vehicle has been stolen. However, deliberately tampering with any in-vehicle or roadside equipment in an attempt to avoid payment, or attempting to prevent identification of the vehicle if a charge is not paid, are more serious offences and will therefore be subject to criminal rather than civil law.

330.     Paragraphs 14 and 24 of Schedule 13 will allow the Secretary of State to make regulations to allow the Mayor or boroughs to incur expenditure in establishing and operating a road user charging scheme, or to enter into private finance-type arrangements to install and operate schemes. It is intended that the Mayor and boroughs will set up a new and independent account for income and expenditure associated with charging schemes. The administrative and enforcement costs of schemes will be met from the income from charging.

331.     Paragraph 15 of Schedule 13 will enable the Secretary of State to make regulations covering the retention of the proceeds from road user charging schemes introduced across all or in parts of London. It is intended that the net revenue from road user charging schemes will be applied to a wide range of transport measures in support of the Mayor's integrated transport strategy.

Clause 201: Non-residential parking place levy

332.     Clause 201 will provide a framework within which the GLA, acting by the Mayor, will be able to levy a charge on non-residential workplace parking across all or parts of London. Again, it will be for the Mayor to decide whether or not to use these powers. Individual boroughs will also be able to bring forward proposals for workplace parking levies in their area. This too will be subject to the agreement of the Mayor.

333.     Paragraphs 3 to 7 of Schedule 14, introduced by clause 201(2), will provide the Mayor with considerable flexibility in deciding how any workplace parking levy scheme introduced in London will be designed, implemented and operated. The Bill will allow the levy to cover different types of individual who are at their place of work or on work-related business. The owner or occupier of premises will be responsible for obtaining a licence for parking at those premises. Decisions about exemptions and privileges (either by premises or vehicle type), the boundary of the area where a levy applies, the duration of a scheme - if not indefinite - and the unit fee per parked vehicle will ultimately rest with the Mayor. The role of the Secretary of State in approving any schemes will be kept to a minimum. Orders to give effect to a workplace parking levy scheme will be made by Transport for London or individual boroughs.

334.     Paragraphs 8 to 10, 23 and 24 of Schedule 14 will make the Mayor responsible for approving, modifying or rejecting a scheme proposed by a borough. Boroughs will be able to work together to develop schemes, again subject to the Mayor's agreement. The Mayor will be able to require a borough to participate in workplace parking levy scheme. The Mayor will be able to issue guidance to boroughs on the form that their schemes should take.

335.     Paragraph 17 of Schedule 14 will allow the Secretary of State to make regulations to provide for the fair and effective enforcement of a workplace parking levy. This includes arrangements for appeals and adjudication. It is intended that non-compliance with the terms of a licence - i.e. parking more vehicles at the premises that the licence permits - will be a civil issue rather than a criminal offence, and penalties will be recoverable as a civil debt.

336.     Paragraph 21 will allow the Secretary of state to make regulations to permit authorised agents of Transport for London or the boroughs to enter premises to ensure that the conditions of a license are being complied with, and to issue penalty charge notices. It will be a criminal offence to obstruct authorised agents from carrying out their duties.

337.     Paragraphs 19 and 22 of Schedule 14 will enable the Secretary of State to make regulations to allow the Mayor or boroughs to incur expenditure in establishing and operating a workplace parking levy scheme, or to enter into private finance-type arrangements to operate schemes. It is intended that the Mayor and boroughs will set up a new and independent account for income and expenditure associated with workplace parking levy schemes. The administrative and enforcement costs of schemes will be met from the income from charging.

338.     Paragraph 20 of Schedule 14 will enable the Secretary of State to make regulations covering the retention of the proceeds from workplace parking levy schemes introduced across all or in parts of London. It is intended that the net revenue from schemes will be applied to a wide range of transport measures in support of the Mayor's integrated transport strategy.