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A
BILL
[AS AMENDED IN COMMITTEE]
To confer further powers upon Transport for London; and for related purposes.
WHEREAS—
| (1) | It is expedient that the powers of Transport for London should be extended and amended as provided in this Act: |
| (2) | It is expedient that further provision be made in relation to the manner in which tolls chargeable under toll orders made by Transport for London under the New Roads and Street Works Act 1991 (c. 22) ("TfL toll orders") are charged, collected, recorded, refunded and paid: |
| (3) | It is expedient that provision be made enabling the imposition of penalty charges in respect of acts, omissions, events or circumstances relating to or connected with a TfL toll order: |
| (4) | It is expedient that further provision be made in connection with the operation and enforcement of a TfL toll order: |
| (5) | It is expedient that provision be made for the imposition of offences for acts and omissions in connection with a TfL toll order: |
| (6) | It is expedient that Transport for London's powers for the removal, immobilisation or destruction of motor vehicles in relation to the non-payment of other penalty charges imposed by Transport for London should also apply in relation to penalty charges imposed in connection with a TfL toll order: |
| (7) | It is expedient that the provisions contained in this Act should be enacted: |
| (8) | The purposes of this Act cannot be effected without the authority of Parliament: |
| (9) | In relation to the promotion of the Bill for this Act Transport for London has complied with the requirements of section 167 of, and Schedule 13 to, the Greater London Authority Act 1999 (c. 29): |
May it therefore please your Majesty that it may be enacted, and be it enacted, by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Preliminary
| 1 | Citation and commencement |
This Act may be cited as the Transport for London (Supplemental Toll Provisions) Act 2008 and shall come into operation at the end of the period of two months beginning with the date on which it is passed.
"the 1991 Act" means the New Roads and Street Works Act 1991 (c. 22);
"the 1999 Act" means the Greater London Authority Act 1999 (c. 29);
"the 2008 Act" means the London Local Authorities and Transport for London Act 2008 (c. iii);
"the Authority" means the Greater London Authority;
"immobilisation device" has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984 (c. 27);
"local authority" means a county council, a district council, a London borough council, a parish council or the Common Council of the City of London;
"Mayor" means Mayor of London;
"motor vehicle" has the meaning given in section 185(1) of the Road Traffic Act 1988 (c. 52);
"penalty charge" means a penalty charge described in paragraph 5 of the Schedule to this Act;
"prescribed" means prescribed by a supplemental toll provisions order;
"registered keeper", in relation to a toll or penalty charge imposed in respect of a motor vehicle, means the person in whose name the vehicle was registered under the Vehicle Excise and Registration Act 1994 (c. 22) at the time of the act, omission, event or circumstances in respect of which the toll or penalty charge is imposed;
"road" has the meaning given by section 142(1) of the Road Traffic Regulation Act 1984;
"supplemental toll provisions order" has the meaning given by section 4(3);
"traffic sign" has the 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;
"TfL" means Transport for London;
"TfL charging scheme" means a charging scheme within the meaning given by paragraph 1(1) of Schedule 23 to the 1999 Act made by TfL; and
"TfL toll order" means an order made by TfL under section 6 of the 1991 Act.
| (2) | In this Act "the TfL toll order" and "tolls", in relation to a supplemental toll provisions order, means the TfL toll order in respect of which the supplemental toll provisions order makes provision and the tolls chargeable under that TfL toll order. |
| (3) | References in this Act to functions under a supplemental toll provisions order include references to functions under the TfL toll order. |
| 3 | Authority functions exercisable by Mayor |
Any functions conferred or imposed on the Authority by or under this Act are exercisable by the Mayor acting on behalf of the Authority.
Supplemental Toll Provisions Orders
| 4 | Supplemental toll provisions orders |
| (1) | Where TfL has made a TfL toll order, TfL may make a further order making provision for, or in connection with, the tolls charged under the TfL toll order. |
| (2) | The power of TfL to make a supplemental toll provisions order may be exercised before, as well as after, the TfL toll order has been confirmed by the Secretary of State under section 6(2) of the 1991 Act. |
| (3) | An order made under this section is referred to in this Act as a supplemental toll provisions order. |
| 5 | Making a supplemental toll provisions order |
| (1) | A supplemental toll provisions order made by TfL must be submitted to, and confirmed (with or without modification) by, the Authority. |
| (2) | A supplemental toll provisions order shall be in such form as the Authority may determine. |
| (a) | consult, or require TfL before making a supplemental toll provisions order to consult, other persons; |
| (b) | require TfL to publish its proposals for a supplemental toll provisions order and to consider objections to the proposals; |
| (c) | make modifications to a supplemental toll provisions order, whether in consequence of any objections or otherwise, before the order takes effect; |
| (d) | require TfL to publish notice of a supplemental toll provisions order and of its effect; and |
| (e) | require TfL to place and maintain, or cause to be placed and maintained, such traffic signs in connection with a supplemental toll provisions order as the Authority may determine. |
| (4) | The Authority may notify the Secretary of State under section 8 (reserve powers of Secretary of State) of its intention to confirm a supplemental toll provisions order before the TfL toll order is confirmed by the Secretary of State under section 6(2) of the 1991 Act but shall not confirm the supplemental toll provisions order (with or without modification) until the TfL toll order has been confirmed by the Secretary of State under that section. |
| 6 | Contents of a supplemental toll provisions order |
| (1) | Without prejudice to the generality of section 4(1) (supplemental toll provisions orders), the provision which may be made by a supplemental toll provisions order includes that set out in the Schedule to this Act (provision which may be made by a supplemental toll provisions order). |
| (2) | Without prejudice to the generality of section 4(1) and notwithstanding any provision in the 1991 Act, a supplemental toll provisions order may make provision requiring tolls charged in respect of any motor vehicle under the TfL toll order (including penalty charges imposed in respect of any motor vehicle) to be paid— |
| (a) | by the registered keeper of the motor vehicle; or |
| (b) | in prescribed circumstances, by such person as is prescribed. |
| (3) | In addition to, or instead of, setting out provisions in the order a supplemental toll provisions order may provide that any specified provisions of— |
| (a) | Schedule 23 to the 1999 Act; |
| (b) | the Road User Charging (Charges and Penalty Charges) (London) Regulations 2001 (S.I. 2001/2285), the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 (S.I. 2001/2313) or any other regulations made under Schedule 23 to the 1999 Act; or |
| (c) | any TfL charging scheme, |
shall have effect in relation to the TfL toll order and the tolls as they have effect in relation to a TfL charging scheme and the charges imposed under it subject to such modifications as may be prescribed.
| (4) | Where a supplemental toll provisions order applies any provision mentioned in subsection (3), the order may provide that if the provision is subsequently varied, amended or revoked, the provision shall have effect in relation to the TfL toll order and the tolls as so varied or amended or, as the case may be, shall cease to have effect in relation to the TfL toll order and the tolls. |
| 7 | Disapplication of provisions of 1991 Act |
Where a supplemental toll provisions order is made by TfL and confirmed by the Authority, sections 14 and 15 of the 1991 Act (which make provision relating to the collection and enforcement of tolling under that Act) shall cease to have effect in relation to the TfL toll order.
| 8 | Reserve powers of Secretary of State |
| (1) | Where the Authority proposes to confirm a supplemental toll provisions order, the Authority shall before confirming the order, send a copy of the order to the Secretary of State and notify him of its intention to confirm it. |
| (2) | Without prejudice to section 5(4) (making a supplemental toll provisions order), the Authority shall not confirm the supplemental toll provisions order until after the expiry of— |
| (i) | 42 days beginning with the day on which the notification is given, or |
| (ii) | 14 days beginning with the day on which the TfL toll order is confirmed by the Secretary of State, |
| whichever is the later; or |
| (b) | such shorter period as the Secretary of State may allow. |
| (3) | Subsection (4) applies if before the expiry of the period mentioned in subsection (2), the Secretary of State gives notice that, in his view— |
| (a) | a provision included in the supplemental toll provisions order by virtue of paragraph 5 of the Schedule to this Act could not under the road user charging enactments have been included in a TfL charging scheme; or |
| (b) | a provision included in the order by virtue of paragraph 9, 11, 14 or 15 of that Schedule is not substantially the same as provision for the time being having effect under the road user charging enactments. |
| (4) | Where the Secretary of State has given notice under subsection (3) as regards a provision, it shall not come into force unless and until— |
| (a) | the Secretary of State makes an order confirming the provision; or |
| (b) | the Authority makes such modifications to the supplemental toll provisions order as are mentioned in subsection (6). |
| (5) | The power to make an order under subsection (4) shall be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. |
| (6) | Where a provision in a supplemental toll provisions order may not come into force by virtue of subsection (4), the Authority may confirm the order subject to (in addition to any other modifications made under section 5 or subsection (9))— |
| (a) | the omission of that provision and such other modifications as appear to the Authority to be required in consequence of that omission; |
| (b) | in the case of a provision to which subsection (3)(a) applies, such modifications as, in the view of the Secretary of State, are required to make the provision in question such that it could, under the road user charging enactments, have been included in a TfL charging scheme; or |
| (c) | in the case of a provision to which subsection (3)(b) applies, such modifications as, in the view of the Secretary of State, are required to make the provision in question substantially the same as provision for the time being having effect under the road user charging enactments. |
| (7) | Subject to subsection (8), if, before the expiry of that period, the Secretary of State gives notice that he objects to any provision in the order conferring a power on TfL (other than a provision mentioned in subsection (3)(a) or (b)) that provision shall not come into force unless and until the objection has been withdrawn. |
| (8) | The Secretary of State may not object under subsection (7) to any provision in a supplemental toll provisions order if it is substantially the same as provision for the time being having effect for the purposes of a TfL charging scheme. |
| (9) | Where a provision in a supplemental toll provisions order may not come into force by virtue of subsection (7), the Authority may confirm the order subject to (in addition to any other modifications made under section 5 or subsection (6)— |
| (a) | the omission of that provision and such other modifications as appear to the Authority to be required in consequence of that omission; or |
| (b) | such modifications as, in the view of the Secretary of State, are required to make the provision in question substantially the same as provision for the time being have effect for the purposes of a TfL charging scheme. |
| (10) | If there is no TfL charging scheme which has effect at the time that the Authority send a copy of a supplemental toll provisions order to the Secretary of State under subsection (1), this section shall have effect as if the TfL charging scheme which was the last to be revoked still had effect. |
| (a) | "road user charging enactments" means section 295 of, and Schedule 23 to, the 1999 Act and any regulations made under those provisions; and |
| (b) | any reference to provision for the time having effect for the purposes of a TfL charging scheme includes a reference to provision made by the road user charging enactments or a TfL charging scheme. |
| 9 | Duration of supplemental toll provisions orders |
Subject to section 10 (variation and revocation of supplemental toll provisions orders), a supplemental toll provisions order shall remain in force—
| (a) | for as long as tolls are chargeable under the TfL toll order; and |
| (b) | after tolls cease to be so chargeable, for as long as may be required to collect and enforce tolls which were properly charged under the TfL toll order. |
| 10 | Variation and revocation of supplemental toll provisions orders |
The power to make a supplemental toll provisions order includes power to vary or revoke such an order; and section 5 (making a supplemental toll provisions order) (apart from subsection (3)(e)) applies in relation to the variation or revocation of a supplemental toll provisions order as it applies to the making of such an order.
Equipment
| 11 | Installation of equipment on roads or elsewhere |
| (a) | install and maintain, or authorise the installation and maintenance of, any equipment; or |
| (b) | construct and maintain, or authorise the construction and maintenance of, buildings or other structures, |
used or to be used in connection with the operation or enforcement of a TfL toll order or a supplemental toll provisions order.
| (2) | Nothing in subsection (1) shall authorise TfL to install, construct, place or maintain any equipment, buildings or other structures or traffic signs on a highway without obtaining the previous consent of the highway authority. |
| (3) | The consent of a highway authority required under subsection (2) is not to be unreasonably withheld but may be given subject to any reasonable conditions. |
| (4) | Any question whether consent is unreasonably withheld or is given subject to reasonable conditions shall be referred to and determined by an arbitrator to be appointed, in default of agreement, by the President of the Chartered Institute of Arbitrators. |
| 12 | Approval of equipment and directions for use |
| (1) | No equipment which is used in connection with the operation or enforcement of a TfL toll order or a supplemental toll provisions order and is of a description specified in a direction under this section given by the Authority to TfL may be used in connection with a TfL toll order or a supplemental toll provisions order unless— |
| (a) | the equipment is of a type approved by the Authority; or |
| (b) | the equipment is used in accordance with directions given by the Authority. |
| (2) | Where the Secretary of State considers that— |
| (a) | equipment of any particular description used in connection with a TfL toll order or a supplemental toll provisions order ("the non-standard equipment") is incompatible with a national standard for equipment of that or any other description; and |
| (b) | the incompatibility is detrimental to the interests of persons resident in England outside Greater London, |
he may give notice of that fact to the Authority.
| (3) | Where the Secretary of State has given notice under subsection (2) to the Authority, the non-standard equipment may no longer be used in connection with a TfL toll order or a supplemental toll provisions order except with the authorisation of the Secretary of State. |
| (4) | Where the Secretary of State considers that— |
| (a) | directions under subsection (1)(b) regarding the use of equipment in connection with a TfL toll order or a supplemental toll provisions order are incompatible with regulations under section 176(2)(b) of the Transport Act 2000 (c. 38), and |
| (b) | the incompatibility is detrimental to the interests of persons resident in England outside Greater London, |
he may give notice of that fact to the Authority.
| (5) | Where the Secretary of State has given notice under subsection (4) to the Authority, the equipment in question may no longer be used in connection with a charging scheme except with the authorisation of the Secretary of State. |
| (6) | Any authorisation under subsection (3) or (5) may be given subject to conditions. |
| (7) | Any authorisation under subsection (3) or (5), and any conditions under subsection (6), may be varied or revoked. |
| (8) | In this section "national standard" means any standard approved by the Secretary of State by regulations made under section 176(2) of the Transport Act 2000 (c. 38). |
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