Local Transport Bill [HL]

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Local Transport Bill [HL]

Local Transport Bill [HL]
Part 6 — Local and London charging schemes
85

109
Use of equipment for charging schemes
(1)
Section 176 of the TA 2000 (equipment etc) is amended as follows.
(2)
In subsection (2)—
(a)
the words from “approve standards for equipment” to the end of the
subsection become paragraph (a) of that subsection;
5
(b)
after paragraph (a) insert “, or
(b)
regulate the manner in which such equipment is used.”.
(3)
In subsection (3)—
(a)
the words from “installed for or in connection with” to the end of the
subsection become paragraph (a) of that subsection;
10
(b)
for “subsection (2)” substitute “subsection (2)(a)”;
(c)
after paragraph (a) insert—
“(b)
used for or in connection with the operation of such a
scheme otherwise than in accordance with regulations
under subsection (2)(b).”.
15
(4)
In Schedule 23 to the GLA Act 1999 (road user charging) paragraph 29
(approval of equipment) is amended as follows.
(5)
In sub-paragraph (1)—
(a)
the words from “the equipment” to the end of the sub-paragraph
become paragraph (a);
20
(b)
after paragraph (a) insert “, or
(b)
the equipment is used in accordance with directions
given by the Authority.”.
(6)
After sub-paragraph (3) insert—
   “(3A)
Where the Secretary of State considers that—
25
(a)
directions under sub-paragraph (1)(b) above regarding the
use of equipment in connection with a charging scheme are
incompatible with regulations under section 176(2)(b) of the
Transport Act 2000, and
(b)
the incompatibility is detrimental to the interests of persons
30
resident in England outside Greater London,

he may give notice of that fact to the Authority.
     (3B)
Where the Secretary of State has given notice under sub-paragraph
(3A) above to the Authority, the equipment in question may no
longer be used in connection with a charging scheme except with the
35
authorisation of the Secretary of State.”.
(7)
In each of sub-paragraphs (4) and (5) after “sub-paragraph (3)” insert “or (3B)”.
(8)
In consequence of the amendments made by subsections (5) to (7), the heading
preceding paragraph 29 becomes “Approval of equipment and directions for
use”.
40

Local Transport Bill [HL]
Part 6 — Local and London charging schemes
86

110
Power of national authority to require information from charging authorities
(1)
After section 177 of the TA 2000 insert—
“177A
Power to require information
(1)
The appropriate national authority may direct a local traffic authority
or Integrated Transport Authority to provide it, within a specified
5
period, with specified information connected with any aspect of the
performance or proposed performance of their functions under this
Chapter.
(2)
The information that may be specified in such a direction must be
information which the authority have in their possession or can
10
reasonably be expected to acquire.
(3)
A direction under this section may be given to two or more authorities
or to authorities of a description specified in the direction.”.
(2)
In Schedule 23 to the GLA Act 1999 (road user charging) after paragraph 34A
(information) insert—
15
“Power to require information
34B   (1)
The Secretary of State may direct—
(a)
Transport for London,
(b)
any London borough council, or
(c)
the Authority,
20

to provide the Secretary of State, within a specified period, with
specified information connected with any aspect of the performance
or proposed performance of their functions under this Schedule.
      (2)
The information that may be specified in such a direction must be
information which the authority have in their possession or can
25
reasonably be expected to acquire.
      (3)
A direction under this section may be given to two or more of the
bodies mentioned in sub-paragraph (1) or to such of those bodies as
are specified in the direction.”.
111
Information: England and Wales
30
(1)
Section 194 of the TA 2000 (information) is amended as follows.
(2)
In subsection (1) for the words from “the charging authority or licensing
authority” to the end of the subsection substitute “a traffic authority or
Integrated Transport Authority for or in connection with the performance or
proposed performance of any of their functions under this Part or with respect
35
to a relevant scheme or proposed relevant scheme”.
(3)
For subsection (2) substitute—
“(2)
Information obtained by a traffic authority or Integrated Transport
Authority for or in connection with any of their functions other than
functions under this Part may be used by them for or in connection with
40
the performance or proposed performance of any of their functions
under this Part or with respect to a relevant scheme or proposed
relevant scheme.”.

Local Transport Bill [HL]
Part 6 — Local and London charging schemes
87

(4)
In subsection (3) (which provides for the disclosure of information and refers
to the charging scheme) for “the” in the second place where it occurs substitute
“a”.
(5)
After subsection (4) insert—
“(5)
The Secretary of State or the Welsh Ministers may charge a reasonable
5
fee in respect of the cost of supplying information under subsection (1)
or (3).
(6)
Where a traffic authority or Integrated Transport Authority asks the
Secretary of State to obtain overseas registration information from an
overseas registration authority with a view to the Secretary of State
10
disclosing that information under subsection (1) or (3), the Secretary of
State may charge a reasonable fee in respect of the cost of obtaining, or
seeking to obtain, the information.
(7)
In this section—
“overseas registration authority” means any authority of a country
15
or territory outside the United Kingdom with responsibility
under the law of that country or territory for maintaining a
register of vehicles;
“overseas registration information” means information derived
from particulars contained in a register of vehicles that is
20
maintained by an overseas registration authority;
“relevant scheme” means a charging scheme or licensing scheme
under this Part.”.
(6)
In Schedule 23 to the GLA Act 1999 (road user charging) paragraph 34A
(information) is amended as follows.
25
(7)
In sub-paragraph (1) for the words from “a charging authority” to the end of
the sub-paragraph substitute “Transport for London or a London borough
council for or in connection with the performance or proposed performance of
any of their functions under this Schedule or with respect to a charging scheme
or proposed charging scheme”.
30
(8)
For sub-paragraph (2) substitute—
    “(2)
Information obtained by Transport for London or a London borough
council for or in connection with their functions other than their
functions under this Schedule may be used by them for or in
connection with the performance or proposed performance of any of
35
their functions under this Schedule or with respect to a charging
scheme or proposed charging scheme.”.
(9)
After sub-paragraph (4) insert—
    “(5)
The Secretary of State may charge a reasonable fee in respect of the
cost of supplying information under sub-paragraph (1) or (3).
40
      (6)
Where Transport for London or a London borough council asks the
Secretary of State to obtain overseas registration information from an
overseas registration authority with a view to the Secretary of State
disclosing that information under sub-paragraph (1) or (3), the
Secretary of State may charge a reasonable fee in respect of the cost
45
of obtaining, or seeking to obtain, the information.
      (7)
In this paragraph—

Local Transport Bill [HL]
Part 6 — Local and London charging schemes
88

“overseas registration authority” means any authority of a
country or territory outside the United Kingdom with
responsibility under the law of that country or territory for
maintaining a register of vehicles;
“overseas registration information” means information derived
5
from particulars contained in a register of vehicles that is
maintained by an overseas registration authority.”.
112
Information: Scotland
(1)
The Secretary of State may charge a reasonable fee in respect of the cost of
supplying information to—
10
(a)
the charging authority, or any of the charging authorities, in relation to
a charging scheme made under Part 3 of the Transport (Scotland) Act
2001 (2001 asp 2);
(b)
any person with whom such an authority has entered into
arrangements under section 61(b) of that Act.
15
(2)
The reference to information in subsection (1) is a reference to information
obtained by the Secretary of State in the exercise of any function that relates to
reserved matters (within the meaning of the Scotland Act 1998 (c. 46)).
113
London charging schemes: 10 year plan for share
(1)
In Schedule 23 to the GLA Act 1999 (road user charging) paragraphs 19 to 24
20
are amended as follows.
(2)
In paragraph 19 (charging authority’s 10 year plan for their share of proceeds
of scheme) omit sub-paragraphs (3)(a) and (4).
(3)
In paragraph 20 (charging authority’s 4 year programme for their share)—
(a)
omit sub-paragraphs (2)(a), (3) and (4);
25
(b)
in sub-paragraph (5) after “prepared and” insert “(where so required)”.
(4)
In paragraph 21 (Authority’s 10 year plan for the redistributed portion)—
(a)
in sub-paragraph (2) omit “and submit to the Secretary of State”;
(b)
omit sub-paragraph (4).
(5)
In paragraph 22 (Authority’s 4 year programmes for the redistributed
30
portion)—
(a)
omit sub-paragraph (3);
(b)
in sub-paragraph (4) omit “and approved” in both places where those
words occur.
(6)
In paragraph 23 (non-compliance with paragraph 20 or 22)—
35
(a)
in sub-paragraph (1) after “prepared and” insert “(where so required)”;
(b)
in sub-paragraph (2) omit “and approved”.
(7)
In paragraph 24 (4 year programmes: amendment, replacement and voluntary
statements)—
(a)
in sub-paragraph (1) after “prepared and” insert “(where so required)”;
40
(b)
in paragraph (c) of sub-paragraph (3), omit the words from “and, if
approved” to the end;
(c)
in sub-paragraph (5)(a) after “prepared and” insert “(where so
required”;

Local Transport Bill [HL]
Part 7 — Miscellaneous provisions
89

(d)
omit sub-paragraphs (6)(a) and (7);
(e)
in sub-paragraph (8) after “prepared and” in both places where those
words occur insert “(where so required)”;
(f)
in sub-paragraph (10)—
(i)
after “prepared and” in the first place where those words occur
5
insert “(where so required)”;
(ii)
omit “prepared and approved” in the second place where those
words occur;
(iii)
at the beginning of paragraph (a) insert “prepared and
approved”;
10
(iv)
at the beginning of paragraph (b) insert “prepared”.
114
Other amendments relating to schemes
Schedule 6 (amendments of the financial provisions relating to road user
charging and workplace parking levy schemes) has effect.
Part 7
15
Miscellaneous provisions
Trunk road charging schemes in Wales
115
Powers of the National Assembly for Wales
In Part 1 of Schedule 5 to the Government of Wales Act 2006 (c. 32) (Assembly
Measures), in field 10 (highways and transport) insert—
20

“Matter 10.1

Provision for and in connection with—
(a)
the making, operation and enforcement of schemes
for imposing charges in respect of the use or keeping
of motor vehicles on Welsh trunk roads;
25
(b)
the application of the proceeds of charges imposed
under such schemes towards purposes relating to
transport.

This does not include provision about traffic signs, apart
from provision about the placing and maintenance of traffic
30
signs within the meaning of section 177 of the Transport Act
2000.

Interpretation of this field

In this field—
“motor vehicle” has the meaning given in section 185(1)
35
of the Road Traffic Act 1988, except that section 189 of
that Act (exception for certain pedestrian controlled
vehicles and electrically assisted pedal cycles) applies
as it applies for the purposes of the Road Traffic Acts;
“road” has the same meaning as in the Road Traffic
40
Regulation Act 1984;
“Welsh trunk road” means a road for which the Welsh
Ministers are the traffic authority (within the meaning
of section 121A of the Road Traffic Regulation Act
1984).”.
45