Local Transport Bill [HL]

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Local Transport Bill [HL]

Local Transport Bill [HL]
Part 6 — Local and London charging schemes
80

99
Joint local-ITA charging schemes

After section 165 of the TA 2000 (joint local charging schemes) insert—
“165A
Joint local-ITA charging schemes
(1)
A joint local-ITA charging scheme may only be made—
(a)
in respect of roads for which any of the charging authorities are
5
the traffic authority, and
(b)
if at least one of the roads in respect of which it is made is within
the integrated transport area of the Integrated Transport
Authority.
(2)
A joint local-ITA charging scheme may only be made if it appears
10
desirable for the purpose of directly or indirectly facilitating the
achievement of local transport policies of the charging authorities.”.
100
Joint local-London charging schemes to implement policies of ITAs
(1)
Section 166 of the TA 2000 (joint local-London charging schemes) is amended
as follows.
15
(2)
In subsection (2)—
(a)
after “A joint local-London charging scheme” insert “which has effect
wholly outside an integrated transport area”;
(b)
for “policies in the local transport plan” substitute “local transport
policies”;
20
(c)
omit “the local transport plans of”.
(3)
After subsection (2) insert—
“(3)
A joint local-London charging scheme which has effect partly within an
integrated transport area may only be made if it appears desirable for
the purpose of directly or indirectly facilitating the achievement of—
25
(a)
local transport policies of the non-metropolitan local traffic
authority, or the non-metropolitan local traffic authorities, by
which the scheme is made,
(b)
local transport policies of the Integrated Transport Authority
for the integrated transport area, and
30
(c)
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.
(4)
Section 164(4) has effect for the purposes of this section.”.
101
Joint ITA-London charging schemes
35

After section 166 of the TA 2000 (joint local-London charging schemes) insert—
“166A
Joint ITA-London charging schemes
(1)
A joint ITA-London charging scheme may only be made—
(a)
in respect of roads falling within subsection (2), and
(b)
if at least one of the roads in respect of which it is made is within
40
the integrated transport area of the Integrated Transport
Authority.

Local Transport Bill [HL]
Part 6 — Local and London charging schemes
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(2)
The roads are—
(a)
roads for which the eligible local traffic authority, or any of the
eligible local traffic authorities, by which the scheme is made
are the traffic authority, and
(b)
roads in respect of which the London traffic authority, or any of
5
the London traffic authorities, by which the scheme 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.
(3)
A joint ITA-London charging scheme may only be made if it appears
10
desirable for the purpose of directly or indirectly facilitating the
achievement of—
(a)
local transport policies of the eligible local traffic authority, or
the eligible local traffic authorities, by which the scheme is
made,
15
(b)
local transport policies of the Integrated Transport Authority by
which the scheme is made, and
(c)
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.”.
20
102
Consequential amendments
Schedule 5 (further amendments relating to the powers of Integrated Transport
Authorities in respect of local charging schemes) has effect.
Miscellaneous amendments
103
Abolition of requirement for confirmation of English schemes
25
(1)
Section 169 of the TA 2000 (confirmation of charging schemes) is amended as
follows.
(2)
In subsection (1)—
(a)
after “A charging scheme under this Part” insert “which relates wholly
or partly to Wales”;
30
(b)
for “the appropriate national authority” substitute “the Welsh
Ministers”.
(3)
In subsection (2) for “the appropriate national authority” substitute “the Welsh
Ministers”.
(4)
Omit subsection (5).
35
104
Abolition of power to require consultation or inquiries for English schemes
(1)
Section 170 of the TA 2000 (charging schemes: consultation and inquiries) is
amended as follows.
(2)
In subsection (3)—
(a)
for “The appropriate national authority” substitute “The Welsh
40
Ministers”;

Local Transport Bill [HL]
Part 6 — Local and London charging schemes
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(b)
in paragraph (a) after “a charging scheme under this Part” insert
“which relates wholly or partly to Wales”.
(3)
In subsection (4)—
(a)
for “The appropriate national authority” substitute “The Welsh
Ministers”;
5
(b)
in paragraph (a) after “a charging scheme under this Part” insert
“which relates wholly or partly to Wales”.
(4)
Omit subsection (5)(b) and the word “and” preceding it.
105
Charges
(1)
In section 171(5) of the TA 2000 (different charges for different cases) after
10
paragraph (e) insert “, and
(f)
different methods or means of recording, administering,
collecting or paying the charge.”.
(2)
In Schedule 23 to the GLA Act 1999 (road user charging) in paragraph 10(4)
(the charges)—
15
(a)
after “different charges (which may be no charge) for” insert “different
cases, including (in particular)”;
(b)
after paragraph (e) insert—
“(f)
different methods or means of recording,
administering, collecting or paying the charge.”.
20
106
Supplementary provision as to charging schemes
(1)
Section 172 of the TA 2000 (charging schemes: exemptions etc) is amended as
follows.
(2)
After subsection (2) insert—
“(2A)
The appropriate national authority may by regulations—
25
(a)
make provision requiring charging schemes under this Part to
provide that in specified circumstances—
(i)
persons of a specified description may pay, and
(ii)
where those persons so choose, the charging authorities
must collect,
30

the charges imposed by such schemes in a specified manner;
(b)
make provision for or in connection with the arrangements to
be made by charging authorities with any person for the
purpose of enabling charges to be paid, and collected, as
mentioned in paragraph (a).
35
(2B)
In subsection (2A) “specified” means specified in the regulations.”.
(3)
For subsection (3) substitute—
“(3)
A road shall not be subject to—
(a)
charges imposed by more than one charging scheme under this
Part at the same time;
40
(b)
charges imposed by such a charging scheme and a scheme
under Schedule 23 to the Greater London Authority Act 1999 at
the same time, except with the consent of the Authority.”.

Local Transport Bill [HL]
Part 6 — Local and London charging schemes
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(4)
In consequence of the amendments made by subsections (1) to (3), the heading
to section 172 becomes “Charging schemes: supplementary provision as to
contents”.
(5)
Schedule 23 to the GLA Act 1999 (road user charging) is amended as follows.
(6)
In paragraph 9 (the charging area and the roads), at the end of sub-paragraph
5
(4) insert “, except with the consent of the Authority.”.
(7)
After paragraph 10 (the charges) insert—
“Manner of payment of charges
10A   (1)
Regulations may—
(a)
make provision requiring a charging scheme to provide that
10
in specified circumstances—
(i)
persons of a specified description may pay, and
(ii)
where those persons so choose, the charging
authorities must collect,

the charges imposed by the scheme in a specified manner;
15
(b)
make provision for or in connection with the arrangements to
be made by the charging authority with any person for the
purpose of enabling charges to be paid, and collected, as
mentioned in paragraph (a).
      (2)
In sub-paragraph (1) “specified” means specified in the regulations.”.
20
107
Suspension of charging schemes

After section 172 of the TA 2000 insert—
“Suspension of charging schemes
172A
Suspension of charging schemes
(1)
The charging authority or the charging authorities (acting jointly) may
25
suspend the operation of a charging scheme under this Part if they
consider that it is necessary to do so—
(a)
in the event of an emergency, to enable or facilitate any action
taken in response to the emergency;
(b)
to enable or facilitate a temporary event to take place.
30
(2)
A suspension under this section is for such period as the charging
authority or authorities consider necessary—
(a)
in the case of an emergency, to enable or facilitate the response
to the emergency (but in any event no longer than 30 days);
(b)
in the case of a temporary event, to enable or facilitate the event
35
to take place, together with any associated works undertaken
before or after it.
(3)
A charging scheme may be suspended under this section in whole or in
part; and if a scheme is suspended in part that suspension may be in
respect of—
40
(a)
any road in respect of which charges are imposed;

Local Transport Bill [HL]
Part 6 — Local and London charging schemes
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(b)
any event by reference to the happening of which a charge is
imposed;
(c)
any class of motor vehicle in respect of which charges are
imposed.
(4)
The charging authority or authorities must publish a notice of any
5
suspension under this section.
(5)
A notice under subsection (4)—
(a)
must be published in such manner as the charging authority or
authorities consider appropriate to bring the suspension to the
attention of all persons who are likely to be affected by it;
10
(b)
must state the period for which the scheme is to be suspended.
(6)
In the case of a suspension under subsection (1)(a), the charging
authority or authorities—
(a)
must keep under review to need for the suspension to continue,
and
15
(b)
may increase or reduce the period of the suspension (but they
may not increase it so as to suspend the scheme for a period of
more than 30 days).”.
108
Interference with functioning of equipment
(1)
In section 173 of the TA 2000 (penalty charges), in subsection (5)(a) after
20
“interferes with any equipment” insert “, or with the functioning of any
equipment,”.
(2)
In section 174 of the TA 2000 (examination, entry, search and seizure)—
(a)
in subsection (1)(b) for the words from “or has been interfered with” to
the end of the paragraph substitute—
25
“(bb)
whether any such equipment, or the functioning of any
such equipment, has been interfered with with intent to
avoid payment of a charge, or to avoid any person being
identified as having failed to pay a charge, or”;
(b)
in subsection (2)(a) after “has been interfered with” insert “, or the
30
functioning of any such equipment has been interfered with,”;
(c)
in subsection (2)(a) and (b) after “to avoid payment of, or” insert “to
avoid any person”.
(3)
Schedule 23 to the GLA Act 1999 (road user charging) is amended as follows.
(4)
In paragraph 25(1)(a) (offences) after “interferes with any equipment” insert “,
35
or with the functioning of any equipment,”.
(5)
In paragraph 26 (examination of motor vehicles etc)—
(a)
in sub-paragraphs (1)(b)(iii) and (2)(a) and (b) after “to avoid payment
of, or” insert “to avoid any person”;
(b)
after sub-paragraph (2) insert—
40
   “(2A)
The references in sub-paragraphs (1)(b)(iii) and (2)(a) to
interfering with equipment include references to interfering
with the functioning of it.”.