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SCHEDULE 12
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AMENDMENTS OF SCHEDULES 23 AND 24 TO GREATER LONDON AUTHORITY ACT |
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Road user charging |
| | 1. Schedule 23 to the Greater London Authority Act 1999 (road user charging in Greater London) has effect subject to the following amendments.
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| | 2. In paragraph 1(1) (interpretation), omit the definition of "penalty charge notice" and, after the definition of "prescribed", insert-
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""registered keeper", in relation to a charge imposed in respect of motor vehicle, means the person in whose name the vehicle was registered under the Vehicle Excise and Registration Act 1994 at the time of the act, omission, event or circumstances in respect of which the charge is imposed;". |
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| | 3. - (1) Paragraph 4 (making of charging scheme) is amended as follows.
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(2) After paragraph (a) of sub-paragraph (3) insert-
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"(aa) require such an authority to publish its proposals for the scheme and to consider objections to the proposals;". |
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(3) After paragraph (d) of that sub-paragraph insert-
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"(da) require the authority by whom any such order is made to publish notice of the order and of its effect;". |
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(4) Omit paragraph (e) of that sub-paragraph.
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(5) After that sub-paragraph insert-
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"(4) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (witnesses and costs at local inquiries) apply in relation to any inquiry held by virtue of sub-paragraph (3)(b) above.
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(5) An authority by whom a charging order is made 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 the order."
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| | 4. After paragraph 11 insert-
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"Documents and equipment |
| | 11A. A charging scheme may require-
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(a) documents to be displayed while a motor vehicle is on a road in respect of which charges are imposed; or |
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(b) equipment to be carried in or fitted to a motor vehicle while it is on such a road." |
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| | 5. In paragraph 14 (installation of equipment), for the words from "install" to "used or" substitute-
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"(a) install and maintain, or authorise the installation and maintenance of, any equipment; or |
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(b) construct and maintain, or authorise the construction and maintenance of, buildings or other structures, |
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used or".
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| | 6. In paragraph 15(5)(b) (dealing with surpluses), after "account" insert "(after the application of any of the net proceeds in accordance with the following provisions)".
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| | 7. - (1) Paragraph 25 (offences) is amended as follows.
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(2) In sub-paragraph (1)-
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(a) insert "or" at the end of paragraph (a), and |
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(b) omit paragraph (c) and the word "and" before it. |
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(3) After that sub-paragraph insert-
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"(1A) A person who makes or uses any false document with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by a charging scheme or a penalty charge is guilty of an offence."
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(4) In sub-paragraph (2), for "sub-paragraph (1) above" substitute "this paragraph".
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| | 8. In paragraph 29(6) (approval of equipment), for the words after "regulations" substitute "under section 151(2) of the Transport Act 2000."
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| | 9. In paragraph 32 (expenses), after "in respect of the" insert "establishment or".
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| | 10. In paragraph 34 (guidance), insert at the end-
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"(3) Guidance issued under this paragraph shall be published in such manner as the Authority consider appropriate; and the Authority may at any time vary or revoke such guidance."
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| | 11. After that paragraph insert-
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"Information |
| | 34A. - (1) Information obtained by-
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(a) any Minister of the Crown or government department, or |
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(b) any local authority or other statutory body, |
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may be disclosed to a charging authority for or in connection with the exercise of any of their functions with respect to a charging scheme.
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(2) Information obtained by a charging authority for or in connection with any of their functions other than their functions with respect to a charging scheme may be used by the authority for or in connection with the exercise of any of their functions with respect to a charging scheme.
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(3) Any information-
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(a) which has been or could be disclosed to a charging authority under sub-paragraph (1) above for or in connection with the exercise of any of their functions with respect to a charging scheme, or |
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(b) which has been or could be used by an authority by virtue of sub-paragraph (2) above for or in connection with the exercise of any of those functions, |
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may be disclosed to any person with whom the authority has entered into arrangements in respect of the making or operation of the charging scheme."
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| | 12. In paragraph 38 (variation and revocation of charging schemes)-
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(a) omit ", exercisable in the same manner, and subject to the same conditions and limitations," and |
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(b) insert at the end "; and sub-paragraphs (1), (2), (3)(a) to (da) and (4) of paragraph 4 above apply in relation to the variation or revocation of a charging scheme as to the making of a charging scheme." |
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Workplace parking levy |
| | 13. Schedule 24 to the Greater London Authority Act 1999 (workplace parking levy in Greater London) has effect subject to the following amendments.
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| | 14. - (1) Paragraph 1(1) (interpretation) is amended as follows.
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(2) In the definition of "licence" omit "by the occupier of those premises".
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(3) Omit the definition of "occupier".
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| | 15. In paragraph 3(1) (provision of workplace parking places)-
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(a) for the words from "the cases" to "time being" substitute "a workplace parking place is provided at any premises at any time if a parking place provided at the premises is at that time", and |
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(b) for paragraph (d) substitute- |
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"(d) where a body whose affairs are controlled by its members is a relevant person, by a member of the body,". |
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| | 16. - (1) Paragraph 7 (making of licensing scheme) is amended as follows.
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(2) After paragraph (a) of sub-paragraph (3) insert-
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"(aa) require such an authority to publish its proposals for the scheme and to consider objections to the proposals;". |
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(3) After paragraph (d) of that sub-paragraph insert-
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"(da) require the authority by whom any such order is made to publish notice of the order and of its effect;". |
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(4) Omit paragraph (e) of that sub-paragraph.
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(5) After that sub-paragraph insert-
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"(4) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (witnesses and costs at local inquiries) apply in relation to any inquiry held by virtue of sub-paragraph (3) above."
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| | 17. Renumber paragraph 16 (licensing: procedure) as sub-paragraph (1) of that paragraph and after that sub-paragraph insert-
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"(2) A person who intentionally provides false or misleading information in or in connection with an application for a licence is guilty of an offence and liable-
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(a) on summary conviction, to a fine not exceeding the statutory maximum; or |
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(b) on conviction on indictment, to a fine." |
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| | 18. In paragraph 19 (liability for charges), after sub-paragraph (2) insert-
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"(2A) The Secretary of State may make regulations prescribing who is the occupier, or who are the occupiers, of premises in prescribed circumstances (including, if appropriate, provision for making a number of persons jointly and severally liable to pay charges on a licence in respect of premises or any penalty charges)."
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| | 19. In paragraph 21(5)(b) (dealing with surpluses), after "account" insert "(after the application of any of the net proceeds in accordance with the following provisions)".
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| | 20. In paragraph 31 (rights of entry)-
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(a) in sub-paragraph (4), for "wilfully" substitute "intentionally" and for "level 5 on the standard scale" substitute "the statutory maximum", and |
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(b) in sub-paragraph (6), for "(7)" substitute "(5)". |
| | 21. In paragraph 33 (expenses), after "in respect of the" insert "establishment or".
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| | 22. In paragraph 35 (guidance), insert at the end-
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"(3) Guidance issued under this paragraph shall be published in such manner as the Authority consider appropriate; and the Authority may at any time vary or revoke such guidance."
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| | 23. After that paragraph insert-
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"Information |
| | 35A. - (1) Information obtained by-
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(a) any Minister of the Crown or government department, or |
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(b) any local authority or other statutory body, |
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may be disclosed to a licensing authority for or in connection with the exercise of any of their functions with respect to a licensing scheme.
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(2) Information obtained by a licensing authority for or in connection with any of their functions other than their functions with respect to a licensing scheme may be used by the authority for or in connection with the exercise of any of their functions with respect to a licensing scheme.
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(3) Any information-
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(a) which has been or could be disclosed to a licensing authority under sub-paragraph (1) above for or in connection with the exercise of any of their functions with respect to a licensing scheme, or |
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(b) which has been or could be used by an authority by virtue of sub-paragraph (2) above for or in connection with the exercise of any of those functions, |
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may be disclosed to any person with whom the authority has entered into arrangements in respect of the making or operation of the licensing scheme."
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| | 24. In paragraph 39 (variation and revocation of licensing schemes)-
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(a) omit ", exercisable in the same manner, and subject to the same conditions and limitations," and |
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(b) insert at the end "; and sub-paragraphs (1), (2), (3)(a) to (da) and (4) of paragraph 7 above apply in relation to the variation or revocation of a licensing scheme as to the making of a licensing scheme." |
