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Clause 148
Amendments made: No. 214, in page 85, line 45, leave out "to (5)" and insert "and (3)".
No. 215, in page 85, line 46, leave out "and costs".
No. 216, in page 85, line 47, at end insert--
'(7) Where an inquiry is held by virtue of this section in relation to a charging scheme, or the variation or revocation of such a scheme, the costs of the inquiry shall be paid--
(b) in any other case, by the charging authority or authorities;
and the parties at the inquiry shall bear their own costs.'.--[Mr. Robert Ainsworth.]
Clause 150
Amendment made: No. 217, in page 87, line 1, after "(1)" insert--
'and to section 147(1) and (3)'.--[Mr. Robert Ainsworth.]
Clause 152
Amendments made: No. 218, in page 88, line 16, after "the" insert "motor".
No. 219, in page 88, line 21, leave out subsection (2) and insert--
'(2) The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer power on any person authorised in writing by the charging authority, or any of the charging authorities, to enter a motor vehicle where he has reasonable grounds for suspecting that--
(a) any equipment required to be carried in or fitted to it while it is on a road in respect of which charges are imposed has been interfered with with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by the charging scheme, or
(b) there is in the motor vehicle a false document which has been made or used with intent to avoid payment of, or being identified as having failed to pay, such a charge.
(2A) A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by a charging scheme under this Part by virtue of subsection (2).
(2B) A person guilty of an offence under subsection (2A) is liable on summary conviction to--
(a) a fine not exceeding level 5 on the standard scale, or
(b) imprisonment for a term not exceeding six months,
or to both.
(2C) The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer power on any person authorised in writing by the charging authority, or any of the charging authorities, to seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the commission of an offence under section 151(5) or (6).
(2D) A charging scheme under this Part may not authorise an examination of, or entry into, a motor vehicle unless it is on a road.'.'.
No. 220, in page 88, line 29, at end insert--
'(aa) the fixing of immobilisation notices to motor vehicles to which an immobilisation device has been fitted,'.
No. 221, in page 88, line 33, at end insert--
'and
( ) the sale or destruction of motor vehicles not released.
(3A) A person commits an offence if he removes or interferes with an immobilisation notice fixed to a motor vehicle in accordance with provision included in a charging scheme under this Part by virtue of subsection (3) in contravention of such provision.
(3B) A person commits an offence if he removes or attempts to remove an immobilisation device fitted to a motor vehicle in accordance with provision included in a charging scheme under this Part by virtue of subsection (3) in contravention of such provision.
(3C) A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by provision included in a charging scheme under this Part by virtue of subsection (3).
(3D) A person guilty of an offence under subsection (3A) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(3E) A person guilty of an offence under subsection (3B) or (3C) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.'.
No. 222, in page 88, line 34, leave out "and in this subsection" and insert--
'( ) In this section'.
No. 223, in page 88, leave out line 37.--[Mr. Robert Ainsworth.]
Ordered,
That clause 152 be divided into two Clauses, the first consisting of subsections (1) to (2D) [Examination, entry, search and seizure] and the second of subsections (3) to (4) [Immobilisation etc.].--[Mr. Robert Ainsworth.]
Clause 154
Amendment made: No. 225, in page 89, line 31, leave out--
'the Road Traffic Regulation Act 1984'
and insert--
'section 64 of the Road Traffic Regulation Act 1984 but also includes signposts and other signs and notices included in that term by section 71(2) of that Act'.--[Mr. Robert Ainsworth.]
Clause 162
Amendments made: No. 226, in page 94, line 5, leave out "to (5)" and insert "and (3)".
No. 227, in page 94, line 6, leave out "and costs".
No. 228, in page 94, line 7, at end insert--
'(7) Where an inquiry is held by virtue of this section in relation to a licensing scheme or the variation or revocation of such a scheme--
(a) the costs of the inquiry shall be paid by the licensing authority or authorities, and
(b) the parties at the inquiry shall bear their own costs.'.--[Mr. Robert Ainsworth.]
Clause 164
Amendment made: No. 229, in page 95, line 2, after "(1)" insert--
'and to section 161(1) and (3)'.--[Mr. Robert Ainsworth.]
Clause 167
Amendment made: No. 230, in page 96, leave out lines 19 and 20 and insert--
'(4) A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by subsection (1) or (2).
(4A) A person guilty of an offence under subsection (4) is'.--[Mr. Robert Ainsworth.]
Clause 171
Amendment made: No. 231, in page 97, line 18, after "department," insert--
'( ) the National Assembly for Wales,'.--[Mr. Robert Ainsworth.]
Clause 174
Amendment made: No. 232, in page 99, line 15, at end insert--
'( ) The references in subsections (4) and (5) to regulations made by the Secretary of State include regulations made by him jointly with the National Assembly for Wales.'.--[Mr. Robert Ainsworth.]
Schedule 11
Amendments made: No. 233, in page 187, line 19, leave out from "a" to "the" in line 9 on page 188 and insert--
'relevant scheme and a financial year, means the amount (if any) by which--
(a) the amounts received under or in connection with the scheme which are attributable to the financial year, exceed
(b) the expenses incurred for or in connection with the scheme which are so attributable.
(2) For the purposes of this Schedule--
(a) the amounts received under or in connection with a relevant scheme, and
(b) the expenses incurred for or in connection with a relevant scheme,
and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations made by the appropriate national authority.
(3) Regulations under sub-paragraph (2) may, in particular, provide that--
(a) any such costs of constructing, improving or maintaining roads in respect of which charges are imposed by trunk road charging schemes, and any such costs of managing traffic on those roads, as are specified by or determined in accordance with the regulations, or
(b) any such payments made for or in respect of the construction, improvement or maintenance of those roads, or the management of traffic on them, as are so specified or determined,
are to be regarded, to the extent so specified or determined, as expenses incurred for or in connection with the trunk road charging schemes.
(4) Where a trunk road charging scheme is made by virtue of section 145(2)(b), the relevant authority and the local traffic authority which requested the making of the scheme (or Transport for London, if it did) may agree that--
(b) the expenses incurred for or in connection with that other charging scheme shall be taken to include specified expenses incurred for or in connection with'.
No. 234, in page 188, line 31, leave out from beginning to "be" in line 42 and insert--
'5. Regulations made by the appropriate national authority may make provision for--
(a) the keeping of accounts relating to trunk road charging schemes, and
(b) the preparation and publication of statements of such accounts.
6.--(1) An account relating to a relevant scheme which is not a trunk road charging scheme shall be kept for each financial year by the relevant authority or jointly by the relevant authorities.
(2) A statement of every such account shall be prepared for each financial year by the relevant authority or authorities and published in the annual accounts of the relevant authority, or of each of the relevant authorities, for the financial year.
(3) Regulations made by the appropriate national authority may make--
(a) further provision relating to accounts required to be kept under this paragraph (including provision requiring or allowing the keeping of consolidated accounts relating to more than one relevant scheme), and
(b) further provision relating to the preparation and publication of statements of such accounts.
6A. At the end of each financial year any deficit in an account required to be kept under paragraph 6 shall'.
No. 235, in page 191, line 42, leave out sub-paragraph (6).--[Mr. Robert Ainsworth.]
Schedule 12
Amendments made: No. 236, in page 192, line 7, after "(1)," insert--
'in the definition of "net proceeds", for the words from ", means" to the end substitute "and a financial year, means the amount (if any) by which--
(a) the amounts received under or in connection with the scheme which are attributable to the financial year, exceed
(b) the expenses incurred for or in connection with the scheme which are so attributable;".
(3) In that sub-paragraph,'.
No. 237, in page 192, line 14, at end insert--
'( ) In that sub-paragraph, in the definition of "traffic sign", for "same meaning as in the Road Traffic Regulation Act 1984 (see in particular section 64 of that Act)" substitute "meaning given by section 64 of the Road Traffic Regulation Act 1984 but also includes signposts and other signs and notices included in that term by section 71(2) of that Act".'.
No. 238, in page 192, line 14, at end insert--
'( ) For sub-paragraph (2) substitute--
"(2) For the purposes of this Schedule--
(a) the amounts received under or in connection with a charging scheme, and
(b) the expenses incurred for or in connection with such a scheme,
and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations under this sub-paragraph.".'.
No. 239, in page 192, line 24, leave out "to (5)" and insert "and (3)".
No. 240, in page 192, line 25, leave out "and costs".
No. 241, in page 192, line 26, at end insert--
'(4A) Where an inquiry is held by virtue of sub-paragraph (3)(b) above for the purposes of any order containing a charging scheme--
(a) the costs of the inquiry shall be paid by the charging authority; and
(b) the parties at the inquiry shall bear their own costs.'.
No. 242, in page 192, line 27, leave out--
'An authority by whom a charging order'
and insert "The charging authority".
No. 243, in page 192, line 30, leave out "order" and insert "charging scheme".
No. 244, in page 192, line 31, leave out "After paragraph 11" and insert--
'In sub-paragraph (2) of paragraph 11 (exemptions, reduced rates etc.), after "above" insert "and to paragraphs 4 and 6 above".
4A. After that paragraph'.
No. 245, in page 193, line 11, leave out--
'In paragraph 15(5)(b) (dealing with surpluses)'
and insert--
'(1) Paragraph 15 (accounts and funds) is amended as follows.
(2) In sub-paragraphs (1) and (2), for "of their income and expenditure in respect of" substitute "relating to".
(3) In sub-paragraph (3)--
(a) for the words from the beginning to "each" substitute "Each", and
(b) for "that year" substitute "each financial year".
(4) After that sub-paragraph insert--
"(4A) Regulations may make--
(a) further provision relating to accounts required to be kept under sub-paragraph (1) or (2) above (including provision requiring or allowing the keeping of consolidated accounts relating to more than one charging scheme); and
(b) further provision relating to the preparation and publication of statements of such accounts."
(5) In sub-paragraph (5)(b)'.
No. 246, in page 193, line 33, at end insert--
'.--(1) Paragraph 26 (examination of motor vehicles etc.) is amended as follows.
(2) For sub-paragraph (2) substitute--
"(2) Regulations may make provision conferring power on any person authorised in writing by the charging authority to enter a motor vehicle where he has reasonable grounds for suspecting, in relation to a motor vehicle which is on a road, that--
(a) any equipment required to be carried in or fitted to the motor vehicle while it is on a road in respect of which charges are imposed has been interfered with with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by the charging scheme; or
(b) there is in the motor vehicle a false document which has been made or used with intent to avoid payment of, or being identified as having failed to pay, such a charge."
10 May 2000 : Column 895
(3) After that sub-paragraph insert--
"(3) A person who intentionally obstructs a person exercising any power conferred on him by virtue of sub-paragraph (2) above is guilty of an offence.
(4) A person guilty of an offence under sub-paragraph (3) above shall be liable on summary conviction to--
(a) a fine not exceeding level 5 on the standard scale, or
(b) imprisonment for a term not exceeding six months,
or to both.
(5) Regulations may make provision conferring power on any person authorised in writing by the charging authority to seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the commission of an offence under paragraph 25 above."
.--(1) Paragraph 27 (removal or immobilisation of motor vehicles) shall be renumbered as sub-paragraph (1) of that paragraph and amended as follows.
(2) After paragraph (a) insert--
"(aa) the fixing of immobilisation notices to motor vehicles to which an immobilisation device has been fitted;".
(3) Insert at the end "and
(e) the sale or destruction of motor vehicles not released.
(2) A person who removes or interferes with an immobilisation notice in contravention of provision made by virtue of sub-paragraph (1) above is guilty of an offence.
(3) A person who removes or attempts to remove an immobilisation device fixed to a motor vehicle in accordance with provision made by virtue of sub-paragraph (1) above in contravention of such provision is guilty of an offence.
(4) A person who intentionally obstructs a person exercising any power conferred on him by provision made by virtue of sub-paragraph (1) above is guilty of an offence.
(5) A person guilty of an offence under sub-paragraph (2) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(6) A person guilty of an offence under sub-paragraph (3) or (4) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.".'.
No. 247, in page 194, line 37, at end insert--
'( ) In that sub-paragraph, in the definition of "net proceeds", for the words from ", means" to the end substitute "and a financial year, means the amount (if any) by which--
(a) the amounts received under or in connection with the scheme which are attributable to the financial year, exceed
(b) the expenses incurred for or in connection with the scheme which are so attributable;".'.
No. 248, in page 194, line 40, at end insert--
'( ) For sub-paragraph (2) substitute--
(2) For the purposes of this Schedule--
(a) the amounts received under or in connection with a licensing scheme, and
(b) the expenses incurred for or in connection with such a scheme,
and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations under this sub-paragraph.".'.
No. 249, in page 195, line 10, leave out "to (5)" and insert "and (3)".
No. 250, in page 195, line 11, leave out "and costs".
No. 251, in page 195, line 12, leave out "(3)" and insert "(3)(b)".
10 May 2000 : Column 896
No. 252, in page 195, line 12, at end insert--
'(5) Where an inquiry is held by virtue of sub-paragraph (3)(b) above for the purposes of any order containing a licensing scheme--
(a) the costs of the inquiry shall be paid by the licensing authority; and
(b) the parties at the inquiry shall bear their own costs.'.
No. 253, in page 195, line 22, at end insert--
'In paragraph 17(3) and (4) (exemptions, reduced rates etc.), after "(2) above" insert "and to paragraphs 7 and 9 above".'.
No. 254, in page 195, line 37, leave out--
'In paragraph 21(5)(b) (dealing with surpluses)'
and insert--
'(1) Paragraph 21 (accounts and funds) is amended as follows.
(2) In sub-paragraphs (1) and (2), for "of their income and expenditure in respect of" substitute "relating to".
(3) In sub-paragraph (3)--
(a) for the words from the beginning to "each" substitute "Each", and
(b) for "that year" substitute "each financial year".
(4) After that sub-paragraph insert--
"(4A) Regulations may make further provision relating to--
(a) accounts required to be kept under sub-paragraph (1) or (2) (including provision requiring or allowing the keeping of consolidated accounts relating to more than one licensing scheme), and
(b) the preparation and publication of statements of such accounts."
(5) In sub-paragraph (5)(b)'.--[Mr. Robert Ainsworth.]
Clause 182
Mr. Michael Moore (Tweeddale, Ettrick and Lauderdale): I beg to move amendment No. 420, in page 102, line 23, at end insert--
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