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PART III |
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ROAD USER CHARGING AND WORKPLACE PARKING LEVY |
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CHAPTER I |
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ROAD USER CHARGING |
| Charging schemes |
Preliminary. |
141. - (1) In this Part "charging scheme" means a scheme for imposing charges in respect of the use or keeping of motor vehicles on roads. |
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(2) Charges imposed in respect of any motor vehicle by a charging scheme under this Part shall be paid- |
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(a) by the registered keeper of the motor vehicle, or |
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(b) in circumstances specified in regulations made by the appropriate national authority, by such person as is so specified. |
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(3) A charging scheme may be made- |
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(a) by a non-metropolitan local traffic authority ("a local charging scheme"), |
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(b) jointly by more than one non-metropolitan local traffic authority ("a joint local charging scheme"), |
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(c) jointly by one or more non-metropolitan local traffic authorities and one or more London traffic authorities ("a joint local-London charging scheme"), or |
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(d) by the Secretary of State or the National Assembly for Wales ("a trunk road charging scheme"). |
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(4) In this Part references to a non-metropolitan local traffic authority are to a local traffic authority for an area outside Greater London. |
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(5) In this Part- |
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(a) "the charging authority", in relation to a charging scheme under this Part made or proposed to be made by one authority, means the authority by which the charging scheme is or is proposed to be made, and |
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(b) "the charging authorities", in relation to a charging scheme under this Part made or proposed to be made jointly by more than one authority, means the authorities by which the charging scheme is or is proposed to be made. |
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(6) The power to make joint local-London charging schemes conferred by this Part does not limit any of the powers in Schedule 23 to the Greater London Authority Act 1999 (road user charging in Greater London). |
Local charging schemes. |
142. - (1) A local charging scheme may only be made in respect of roads for which the charging authority are the traffic authority. |
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(2) A local charging scheme may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of policies in the charging authority's local transport plan. |
Joint local charging schemes. |
143. - (1) A joint local charging scheme may only be made in respect of roads for which any of the charging authorities are the traffic authority. |
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(2) A joint local charging scheme may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of policies in the charging authorities' local transport plans. |
Joint local-London charging schemes. |
144. - (1) A joint local-London charging scheme may only be made in respect of- |
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(a) roads for which the non-metropolitan local traffic authority, or any of the non-metropolitan local traffic authorities, by which it is made are the traffic authority, and |
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(b) roads in respect of which the London traffic authority, or any of the London traffic authorities, by which it is made may impose charges by a scheme under Schedule 23 to the Greater London Authority Act 1999 without the consent of the Secretary of State. |
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(2) A joint local-London charging scheme may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of- |
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(a) policies in the local transport plan of the non-metropolitan local traffic authority, or the local transport plans of the non-metropolitan local traffic authorities, by which it is made, and |
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(b) policies and proposals set out in the transport strategy prepared and published by the Mayor of London under section 142 of the Greater London Authority Act 1999. |
Trunk road charging schemes. |
145. - (1) A trunk road charging scheme may only be made- |
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(a) by the Secretary of State in respect of roads for which he is the traffic authority, or |
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(b) by the National Assembly for Wales in respect of roads for which it is the traffic authority. |
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(2) A trunk road charging scheme may only be made in respect of a road if- |
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(a) the road is carried by a bridge, or passes through a tunnel, of at least 600 metres in length, or |
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(b) a local traffic authority or Transport for London has requested the charging authority to make the trunk road charging scheme in connection with a charging scheme under this Part, or a scheme under Schedule 23 to the Greater London Authority Act 1999, made or proposed by them. |
| Making of charging schemes |
Charging schemes to be made by order. |
146. - (1) A charging scheme under this Part is made by order of the charging authority or of the charging authorities (acting jointly). |
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(2) The charging authority or the charging authorities (acting jointly) may by order vary a charging scheme under this Part and the charging authority or any of the charging authorities may by order revoke such a scheme; but where a trunk road charging scheme is made at the request of a local traffic authority or Transport for London, it shall not be varied or revoked unless the local traffic authority, or Transport for London, have been consulted about its variation or revocation. |
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(3) The appropriate national authority may make regulations about orders making, varying or revoking charging schemes under this Part, including (in particular)- |
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(a) provision specifying the form of orders, |
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(b) provision about the publication of proposals for orders making or varying such charging schemes and the making and consideration of objections to such proposals, and |
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(c) provision about the publication of notice of orders and of their effect. |
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(4) Before making regulations under subsection (3) which relate to joint local-London charging schemes the Secretary of State shall consult the Greater London Authority about the regulations so far as they so relate. |