Local Transport Bill [HL]

House of Commons

Session 2007 - 08
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Local Transport Bill [HL]

Local Transport Bill [HL]
Schedule 5 — ITAs and charging schemes: minor and consequential amendments
120

Schedule 5
Section 102

ITAs and charging schemes: minor and consequential amendments
Introductory
1
Part 3 of the TA 2000 (road user charging and workplace parking levy) is
amended as follows.
5
Preliminary: power to make schemes does not limit other powers
2
In section 163(6) after “joint local-London charging schemes” insert “and
joint ITA-London charging schemes”.
Conditions for making trunk road schemes
3
In section 167(2)(b) after “a local traffic authority” insert “, an Integrated
10
Transport Authority”.
Charging schemes to be made by order
4     (1)
Section 168 is amended as follows.
      (2)
In subsection (2)—
(a)
after “a local traffic authority” insert “, an Integrated Transport
15
Authority”;
(b)
after “the local traffic authority” insert “or the Integrated Transport
Authority”.
      (3)
In subsection (4) after “joint local-London charging schemes” insert “or joint
ITA-London charging schemes”.
20
Confirmation of charging schemes
5
In section 169(3) after “joint local-London charging scheme” insert “or joint
ITA-London charging scheme”.
Consultation and inquiries
6     (1)
Section 170 is amended as follows.
25
      (2)
In subsection (5) after “joint local-London charging scheme” insert “or joint
ITA-London charging scheme”.
      (3)
In subsection (7)(a) after “local traffic authority” insert “or Integrated
Transport Authority”.
Traffic signs
30
7
In section 177(2) after “joint local-London charging scheme” insert “or joint
ITA-London charging scheme”.
Guidance
8     (1)
Section 193 is amended as follows.

Local Transport Bill [HL]
Schedule 5 — ITAs and charging schemes: minor and consequential amendments
121

      (2)
In subsection (1) after “non-metropolitan local traffic authorities” insert “,
Integrated Transport Authorities”.
      (3)
In subsection (2) after “joint local-London charging schemes” insert “, joint
ITA-London charging schemes”.
Interpretation
5
9
In section 198(1) insert each of the following definitions at the appropriate
place—
““eligible local traffic authority” has the meaning given by
section 163(4A),”;
““joint local-ITA charging scheme” shall be construed in
10
accordance with section 163(3)(bb),”;
““joint ITA-London charging scheme” shall be construed in
accordance with section 163(3)(cc),”.
Financial provisions
10
Schedule 12 is amended as follows.
15
11
In paragraph 2(4) (net proceeds) after “local traffic authority” insert “or
Integrated Transport Authority”.
12    (1)
Paragraph 3 (apportionment) is amended as follows.
      (2)
In sub-paragraph (1)—
(a)
for the word “or” at the end of paragraph (a) substitute—
20
“(aa)
a joint local-ITA charging scheme,”;
(b)
at the end of paragraph (b) insert “or
(c)
a joint ITA-London charging scheme,”.
      (3)
In sub-paragraph (2) after “local traffic authority” insert “or Integrated
Transport Authority”.
25
13    (1)
Paragraph 7 (accounts and funds) is amended as follows.
      (2)
In sub-paragraph (5)(c) after “London traffic authority,” insert “or an
Integrated Transport Authority,”.
14    (1)
Paragraph 8 (application of proceeds by non-metropolitan local traffic
authorities) is amended as follows.
30
      (2)
In sub-paragraph (3) for the word “and” at the end of paragraph (a)
substitute—
“(aa)
Integrated Transport Authorities;”.
      (3)
In sub-paragraph (4) for the word “or” at the end of paragraph (a)
substitute—
35
“(aa)
by an Integrated Transport Authority for the purpose of
directly or indirectly facilitating the achievement of any of
its local transport policies, or”.

Local Transport Bill [HL]
Schedule 5 — ITAs and charging schemes: minor and consequential amendments
122

15
After paragraph 11 insert—
“Application of proceeds by Integrated Transport Authorities
11A   (1)
This paragraph applies to an Integrated Transport Authority’s
share of the net proceeds of any relevant scheme.
      (2)
The share of the net proceeds is available only—
5
(a)
for application by the Authority for the purpose of directly
or indirectly facilitating the achievement of any of the
Authority’s local transport policies, or
(b)
for application in accordance with sub-paragraph (4) by an
authority falling within sub-paragraph (3) selected by the
10
Authority.
      (3)
The authorities which fall within this sub-paragraph are—
(a)
non-metropolitan local traffic authorities;
(b)
London traffic authorities and the Greater London
Authority.
15
      (4)
A share of the net proceeds of a relevant scheme is applied in
accordance with this sub-paragraph if it is applied—
(a)
by a non-metropolitan local traffic authority for the
purpose of directly or indirectly facilitating the
achievement of any of its local transport policies, or
20
(b)
by a London traffic authority or the Greater London
Authority in accordance with the transport strategy
prepared and published under section 142 of the Greater
London Authority Act 1999,

in a way which will benefit the whole or any part of the integrated
25
transport area of the Authority.
11B   (1)
A relevant scheme made by an Integrated Transport Authority
must include—
(a)
a general plan relating to the application of its share of the
net proceeds of the relevant scheme during the opening
30
ten year period, and
(b)
a detailed programme for the application of its share for
the net proceeds of the relevant scheme during the
opening five year period.
      (2)
See paragraph 10(2) for the meaning of “the opening ten year
35
period” and “the opening five year period”.
11C   (1)
If a relevant scheme made by an Integrated Transport Authority
remains in force after the end of the opening five year period, the
Authority shall, during every fifth financial year after the financial
year in which the scheme comes into force, prepare a detailed
40
programme for the application of its share of the net proceeds of
the scheme during the next five years.
      (2)
Any programme prepared in accordance with sub-paragraph (1)
in relation to a relevant scheme prevails over any conflicting
provisions in the general plan included in the scheme pursuant to
45
paragraph 11B(1)(a).

Local Transport Bill [HL]
Schedule 6 — Amendments of financial provisions relating to schemes
Part 1 — Amendments of Schedule 12 to the Transport Act 2000
123

      (3)
Except with the consent of the Secretary of State in any particular
case, an Integrated Transport Authority may not apply its share of
the net proceeds of a scheme for any purpose (other than making
good any amount to its general fund) in any financial year
beginning after the end of the opening five year period unless it is
5
complying with sub-paragraph (1).”.
Schedule 6
Section 114

Amendments of financial provisions relating to schemes
Part 1
Amendments of Schedule 12 to the Transport Act 2000
10
1
Schedule 12 to the TA 2000 (financial provisions relating to road user
charging and workplace charging schemes) is amended as follows.
Application of proceeds by non-metropolitan local traffic authorities
2     (1)
Paragraph 8 is amended as follows.
      (2)
In sub-paragraph (1) for “any early relevant scheme during the initial period
15
of the scheme” substitute “any relevant scheme”.
      (3)
Omit sub-paragraphs (5) to (7).
Application of proceeds where paragraph 8 does not apply
3
Omit paragraph 9.
Plans and programmes for application of proceeds
20
4     (1)
Paragraph 10 is amended as follows.
      (2)
In sub-paragraph (1)(b) for “the opening transport plan period” substitute
“the opening five year period”.
      (3)
For sub-paragraph (2)(b) substitute—
“(b)
“the opening five year period” means the period which
25
begins with that date and ends with the fifth financial year
that commences on or after that date.”.
      (4)
In sub-paragraph (3)—
(a)
after “a scheme” insert “which relates to an area in Wales”;
(b)
for “the appropriate national authority” substitute “the Welsh
30
Ministers”.
Programme for application of proceeds after end of opening period
5     (1)
Paragraph 11 is amended as follows.

Local Transport Bill [HL]
Schedule 6 — Amendments of financial provisions relating to schemes
Part 1 — Amendments of Schedule 12 to the Transport Act 2000
124

      (2)
For sub-paragraph (1) substitute—
    “(1)
If a relevant scheme made by one or more non-metropolitan local
traffic authorities remains in force after the end of the opening five
year period, the authority or each of the authorities shall, during
every fifth financial year after the financial year in which the
5
scheme comes into force, prepare a detailed programme for the
application of its share of the net proceeds of the scheme during
the next five years.”.
      (3)
In sub-paragraph (2) for “included in a local transport plan by virtue of sub-
paragraph (1)” substitute “prepared in accordance with sub-paragraph (1)”.
10
      (4)
In sub-paragraph (3) for “the opening plan period” substitute “the opening
five year period”.
Application of proceeds by London traffic authorities
6     (1)
Paragraph 12 is amended as follows.
      (2)
In sub-paragraph (1) for the words from “only for application” to the end
15
substitute—
“(a)
in the case of a charging scheme under this Part, only for
application for relevant transport purposes within the
meaning of Schedule 23 to the Greater London Authority
Act 1999;
20
(b)
in the case of a licensing scheme under this Part, only for
application in accordance with regulations made by the
Secretary of State.”.
      (3)
After sub-paragraph (1) insert—
   “(1A)
Paragraphs 19(1) and (2), 20(1) and (5), 23(1) and (3) and 24 of
25
Schedule 23 to that Act apply in relation to a charging scheme
under this Part as they apply in relation to a charging scheme
under that Schedule.”.
      (4)
In sub-paragraph (2)—
(a)
omit paragraph (a);
30
(b)
for “a relevant scheme” substitute “a licensing scheme”.
Application of proceeds by Secretary of State and Welsh Ministers
7     (1)
Paragraph 13 is amended as follows.
      (2)
In sub-paragraph (1)(b) omit the words from “and comes into force” to “the
commencement of this Schedule”.
35
      (3)
Omit sub-paragraph (2).
      (4)
In sub-paragraph (3)—
(a)
for “Sub-paragraph (1)” substitute “Sub-paragraph (1)(a)”;
(b)
after “a scheme” insert “made by virtue of section 167(2)(a)”.
      (5)
In sub-paragraph (5)—
40
(a)
for “sub-paragraph (1)” substitute “sub-paragraph (1)(a)”;

Local Transport Bill [HL]
Schedule 6 — Amendments of financial provisions relating to schemes
Part 2 — Amendments of Schedule 23 to the Greater London Authority Act 1999
125

(b)
after “a trunk road charging scheme” insert “made by virtue of
section 167(2)(a)”.
Regulations and orders
8     (1)
In consequence of the amendments made by paragraphs 3 and 7(3), section
197 of the TA 2000 is amended as follows.
5
      (2)
In subsections (3) and (4)(b) (regulations not to be made without consent of
Treasury and approval of Parliament)—
(a)
omit “9(1) or”;
(b)
for “13(2) or (5)” substitute “13(5)”.
Part 2
10
Amendments of Schedule 23 to the Greater London Authority Act 1999
9
Schedule 23 to the GLA Act 1999 (road user charging) is amended as follows.
Application of net proceeds
10    (1)
Paragraph 16 is amended as follows.
      (2)
In sub-paragraph (1)—
15
(a)
omit “which comes into force during the period of ten years
beginning with the inception of the Authority”;
(b)
omit “during the scheme’s initial period”.
      (3)
After sub-paragraph (1) insert—
   “(1A)
Sub-paragraph (1) above is subject to paragraph 18(1A) and (1B)
20
below.”.
      (4)
Omit sub-paragraphs (2) to (4).
      (5)
In sub-paragraph (6) for “(1) to (5)” substitute “(1) and (5)”.
      (6)
Omit sub-paragraph (7).
11
In paragraph 17, omit sub-paragraphs (1), (2) and (6).
25
Apportionment of net proceeds
12    (1)
Paragraph 18 is amended as follows.
      (2)
In sub-paragraph (1) omit “Subject to any provision made by regulations
under paragraph 16(2) above,”.
      (3)
After sub-paragraph (1) insert—
30
   “(1A)
In the case of a charging scheme which imposes charges in respect
of a trunk road, the Secretary of State may require the scheme to
include provision for the payment to the Secretary of State of such
portion of the net proceeds as is—
(a)
provided for by the scheme, or
35
(b)
otherwise determined with the consent of the Secretary of
State.

Local Transport Bill [HL]
Schedule 7 — Repeals
Part 1 — Repeals relating to Part 2 of this Act
126

     (1B)
Any portion of the net proceeds paid to the Secretary of State by
virtue of sub-paragraph (1A) shall be available only for
application for the purpose of directly or indirectly facilitating the
achievement of any policies or proposals relating to transport.”.
      (4)
In sub-paragraph (2)—
5
(a)
after “sub-paragraph (1)” insert “or (1A)”;
(b)
omit “or regulations under paragraph 16(2) above”.
Schedule 7
Section 122

Repeals
Part 1
10
Repeals relating to Part 2 of this Act

Short title and chapter
Extent of repeal

Transport Act 1968 (c. 73)
In section 9A(7), the words from “and to the bus

strategy” to the end.

Transport Act 1985 (c. 67)
In section 63—

15

(a)
in subsection (8), the words “and to the

appropriate bus strategy”,

(b)
subsection (8A).

Section 89(7)(b) and (8).

Transport Act 2000 (c. 38)
In section 108(1)(a), the words “facilities and

20

services”.

Section 109(5) and (6).

Sections 110 and 111.

In section 112—

(a)
in subsection (1), the words “(and bus

25

strategies)” and (in each place) “(and

strategies)”,

(b)
in subsection (2), “and their bus

strategy”.

Section 113(1) and (3).

30

Section 124(10).

Section 162(6).

In section 181(2)(a), the words “the local

transport plans of”.

Section 198(2).

35

In Schedule 11, paragraphs 3(5) and 11(5) and

(6).

Transport (Wales) Act 2006
In the Schedule, paragraphs 2(3), 3(5) and (6)

(c. 5)
and 5.