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Licensing authority's 4 year programmes for their share |
| | 26. - (1) As long as a licensing scheme remains in force, the licensing 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.
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(2) Any statement required to be prepared under sub-paragraph (1) above must be submitted for approval to-
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(a) the Secretary of State; and |
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(b) in the case of a borough scheme, the Authority. |
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(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.
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(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-
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(a) by the Authority acting on behalf of the licensing authority; and |
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(b) after the giving by the Authority of the approval required by sub-paragraph (2)(b) above. |
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(5) Any statement prepared and approved under this paragraph in the case of a licensing scheme prevails for all purposes over any conflicting provisions in the statement included in the scheme pursuant to paragraph 25 above.
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Authority's 10 year plan for the redistributed portion |
| | 27. - (1) This paragraph applies in relation to a licensing scheme which by virtue of paragraph 24(1) above includes provision for a portion of the net proceeds of the scheme (the "redistributed portion") to be paid by the licensing authority to another body.
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(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.
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(3) In sub-paragraph (2) above, "the opening ten year period", in relation to any licensing scheme, means the period which-
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(a) begins with the date on which the scheme comes into force; and |
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(b) ends with the tenth financial year that commences on or after that date. |
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(4) An order containing a licensing 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.
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Authority's 4 year programmes for the redistributed portion |
| | 28. - (1) As long as a licensing scheme to which paragraph 27 above applies 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.
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(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.
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(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.
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(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 27 above for that scheme.
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Non-compliance with paragraph 26 or 28 above |
| | 29. - (1) Except with the consent of the Secretary of State in any particular case, none of the licensing authority's share of the net proceeds of a licensing 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 26 above having effect in relation to a period in which that year falls has been prepared and approved under that paragraph.
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(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 licensing 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 28 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.
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(3) In this paragraph, "the opening four year period", in relation to any licensing scheme, means the period which-
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(a) begins with the date on which the scheme comes into force; and |
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(b) ends with the fourth financial year that commences on or after that date. |
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Rights of entry |
| | 30. - (1) Where a person duly authorised in writing by a licensing authority has reason to believe that any premises are being used for the provision of workplace parking places, he may at any reasonable time enter those premises for the purpose of-
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(a) ascertaining whether controlled vehicles are parked at those premises without a licence in respect of those premises; |
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(b) ascertaining whether there are parked at those premises controlled vehicles in excess of the number permitted by a licence in respect of those premises; or |
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(c) ascertaining whether there is or has been any contravention of the conditions of a licence in respect of those premises. |
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(2) A person duly authorised in writing by a licensing authority may at any reasonable time enter any premises for the purpose of issuing a penalty charge notice.
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(3) A person authorised under sub-paragraph (1) or (2) above to enter any premises shall, if so required, produce evidence of his authority before so entering.
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(4) Any person who wilfully obstructs a person acting in the exercise of his powers under sub-paragraph (1) or (2) above shall be guilty of an offence and liable-
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(a) on summary conviction to a fine not exceeding level 5 on the standard scale; or |
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(b) on conviction on indictment, to a fine. |
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(5) Where any land is damaged in the exercise of a right of entry conferred under sub-paragraph (1) or (2) above, compensation in respect of that damage may be recovered by any person interested in the land from the licensing authority on whose behalf the entry was effected.
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(6) The provisions of section 118 of the Town and Country Planning Act 1990 shall apply in relation to compensation under sub-paragraph (7) above as they apply in relation to compensation under Part IV of that Act.
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Expenses |
| | 31. The Authority, Transport for London or a London borough council may-
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(a) incur expenditure in or in connection with the establishment or operation of a licensing scheme; or |
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(b) enter into arrangements (including arrangements for forming or participating in companies) with any body or person in respect of the operation of a licensing scheme or relating to the installation or operation of any equipment used for or in connection with the operation of a licensing scheme. |
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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,-
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(a) any of the council's powers under this Schedule; or |
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(b) for purposes connected with a licensing 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. |
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(2) A London borough council shall comply with any directions given to the council by the Authority.
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Guidance |
| | 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.
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(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.
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Parking in the Palace of Westminster |
| | 34. - (1) This paragraph has effect for the purposes of this Schedule and section 223 of this Act.
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(2) The Palace of Westminster shall be treated as premises occupied by the Corporate Officer of the House of Lords and the Corporate Officer of the House of Commons acting jointly.
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(3) Every motor vehicle for which a parking place is provided at the Palace of Westminster shall be taken to be a motor vehicle used as mentioned in paragraph 3(1) above if it is a vehicle used-
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(a) by a Member or officer of either House of Parliament; |
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(b) by a person employed as a member of the House of Lords staff; |
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(c) by a person employed as a member of the House of Commons staff; |
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(d) by a person employed by a member of either House of Parliament; or |
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(e) by, or by an employee of, any person supplying or seeking to supply goods or services to- |
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(ii) the House of Commons,
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(iii) any member or officer of either House of Parliament,
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or any agent or sub-contractor of such a person. |
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(4) No offence under this Schedule or regulations made under it is capable of being committed in relation to parking in the Palace of Westminster.
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(5) No right of entry conferred under or by virtue of this Schedule shall be exercisable in relation to the Palace of Westminster.
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(6) No penalty charge notice shall be issued in respect of parking in the Palace of Westminster.
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(7) In this paragraph-
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"member of the House of Commons staff" means any person- |
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(a) who was appointed by the House of Commons Commission; or
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(b) who is a member of the Speaker's personal staff;
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"member of the House of Lords staff" means any person who is employed under a contract of employment made with the Corporate Officer of the House of Lords. |
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Crown land |
| | 35. - (1) Subject to the provisions of this paragraph, the provisions of this Schedule and of regulations and licensing schemes made under it shall bind the Crown.
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(2) No contravention by the Crown of any provision of this Schedule or of any regulations or licensing scheme made under it shall make the Crown criminally liable; but the High Court may, on the application of a licensing authority, declare unlawful any act or omission of the Crown which constitutes such a contravention.
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(3) Notwithstanding anything in sub-paragraph (2) above, the provisions of this Schedule and of regulations and licensing schemes made under it shall apply to persons in the public service of the Crown as they apply to other persons.
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(4) No power of entry conferred by this Schedule or regulations made under it shall be exercisable in relation to any premises held or used by or on behalf of the Crown.
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(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.
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Duration of licensing schemes |
| | 36. A licensing 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.
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Variation and revocation of licensing schemes |
| | 37. The power to make a licensing scheme includes power, exercisable in the same manner, and subject to the same conditions and limitations, to vary or revoke such a scheme.
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