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CHAPTER II |
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WORKPLACE PARKING LEVY |
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Licensing schemes |
| Preliminary. |
155. - (1) In this Part "licensing scheme" means a scheme for imposing charges in respect of the provision of workplace parking places at premises in the area covered by the scheme to be paid on licences covering the provision of a maximum number of such parking places at the premises.
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(2) Charges imposed in respect of any premises by a licensing scheme under this Part shall be paid-
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(a) by the occupier of the premises, 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) In this Part "licence" means a licence under a licensing scheme under this Part.
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(4) A licence relating to premises must cover the provision at the premises of the number of workplace parking places requested by the applicant for the licence; and in this Part "licensed unit", in relation to a licence relating to premises, means each unit comprised in the maximum number of workplace parking places which may be provided at the premises under the cover of the licence.
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(5) A licensing scheme may be made-
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(a) by a non-metropolitan local traffic authority ("a local licensing scheme"), |
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(b) jointly by more than one non-metropolitan local traffic authority ("a joint local licensing scheme"), or |
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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 licensing scheme"). |
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(6) In this Part-
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(a) "the licensing authority", in relation to a licensing scheme under this Part made or proposed to be made by one authority, means the authority by which the licensing scheme is or is proposed to be made, and |
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(b) "the licensing authorities", in relation to a licensing scheme under this Part made or proposed to be made jointly by more than one authority, means the authorities by which the licensing scheme is or is proposed to be made. |
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(7) The power to make joint local-London licensing schemes conferred by this Part does not limit any of the powers in Schedule 24 to the Greater London Authority Act 1999 (workplace parking levy in Greater London).
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| Local licensing schemes. |
156. - (1) A local licensing scheme may cover the whole or any part of the area of the licensing authority.
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(2) A local licensing scheme may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of policies in the licensing authority's local transport plan.
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| Joint local licensing schemes. |
157. - (1) A joint local licensing scheme may cover the whole or any part of the combined area of the licensing authorities.
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(2) A joint local licensing scheme may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of policies in the licensing authorities' local transport plans.
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| Joint local-London licensing schemes. |
158. - (1) A joint local-London licensing scheme may cover-
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(a) the whole or any part of the area of the non-metropolitan local traffic authority, or combined area of the non-metropolitan local traffic authorities, by which it is made, and |
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(b) the whole or any part of any area to which a scheme under Schedule 24 to the Greater London Authority Act 1999 made by the London traffic authority, or any of the London traffic authorities, by which it is made could apply. |
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(2) A joint local-London licensing 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. |
| Workplace parking places. |
159. - (1) For the purposes of this Part a workplace parking place is provided at any premises at any time if a parking place provided at the premises is at that time occupied by a motor vehicle (other than an exempt vehicle) used-
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(a) by a relevant person, |
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(b) by an employee, agent, supplier, business customer or business visitor of a relevant person, |
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(c) by a pupil or student attending a course of education or training provided by a relevant person, or |
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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 engaged in the carrying on of any business of the body, |
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for attending a place at which the relevant person carries on business at or in the vicinity of the premises.
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(2) In this section "relevant person" means-
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(a) the person who provides the parking place in question ("the provider"), |
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(b) any person with whom the provider has entered into arrangements to provide the parking place (whether or not for that person's own use), or |
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(c) any person who is associated with the provider or a person within paragraph (b). |
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(3) For the purposes of subsection (2)(c) any two persons are associated if and only if-
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(a) one is a company of which the other (directly or indirectly) has control, or |
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(b) both are companies of which a third person (directly or indirectly) has control. |
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(4) For the purposes of this section-
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(a) any trade, profession, vocation or undertaking,
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(b) the functions of any office holder,
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(c) the provision of any course of education or training, and
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(d) the functions of, or any activities carried on by, a government department or a local authority or other statutory body,
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"business customer", in relation to a relevant person, means a client or customer of the relevant person who is attending at any premises occupied by the relevant person for the purposes of a business carried on by that client or customer, |
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"business visitor", in relation to a relevant person, means an individual who- |
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(a) in the course of his employment, or
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(b) in the course of carrying on a business or for the purposes of a business carried on by him,
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is visiting the relevant person or any premises occupied by the relevant person, |
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"employee" means a person employed under a contract of service or apprenticeship, whether express or implied, and (if express) whether oral or in writing, and |
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"supplier", in relation to a relevant person, means- |
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(a) a person supplying, or seeking to supply, goods or services to the relevant person for the purposes of a business carried on by the relevant person, or
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(b) any agent or sub-contractor of such a person.
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(5) The appropriate national authority may make regulations amending the preceding provisions of this section for the purpose of adding, removing or varying cases where, for the purposes of this Part, a workplace parking place is provided.
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Making of licensing schemes |
| Licensing schemes to be made by order. |
160. - (1) A licensing scheme under this Part is made by order of the licensing authority or of the licensing authorities (acting jointly).
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(2) The licensing authority or the licensing authorities (acting jointly) may by order vary a licensing scheme under this Part and the licensing authority or any of the licensing authorities may by order revoke such a scheme.
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(3) The appropriate national authority may make regulations about orders making, varying or revoking licensing 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 licensing 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 licensing schemes the Secretary of State shall consult the Greater London Authority about the regulations so far as they so relate.
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| Confirmation of licensing schemes. |
161. - (1) A licensing scheme under this Part shall not come into force unless the order making it has been submitted to and confirmed by the appropriate national authority; and a variation of such a licensing scheme shall not take effect until the order making the variation has been so submitted and confirmed.
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(2) Subsection (1) does not apply in such circumstances as may be specified in or determined in accordance with regulations made by the appropriate national authority.
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(3) A joint local-London licensing scheme shall not come into force unless the order making it has been submitted to and confirmed by the Greater London Authority; and a variation or revocation of such a licensing scheme shall not take effect until the order making the variation or revocation has been so submitted and confirmed.
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(4) Where confirmation of an order is required by this section, the order may be confirmed with or without modifications.
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(5) Where confirmation by both the Secretary of State and the Greater London Authority of an order making a joint local-London licensing scheme, or a variation of such a licensing scheme, is required by this section-
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(a) the order shall not be submitted to the Secretary of State until it has been confirmed by the Greater London Authority, |
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(b) if the order has been confirmed by the Greater London Authority with modifications it is the modified order that must be submitted to the Secretary of State, and |
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(c) the order may not be confirmed with modifications by the Secretary of State until the modifications have been confirmed by the Greater London Authority. |
