 | |
|
SCHEDULE 19
|
| |
WORKPLACE PARKING LEVY |
| |
Interpretation |
| | 1. - (1) In this Schedule, except where the context otherwise requires-
|
| |
"borough scheme" means any licensing scheme other than a TfL scheme; |
| |
"contract of employment" means a contract of service or apprenticeship, whether express or implied, and (if express) whether oral or in writing; |
| |
"controlled vehicle" shall be construed in accordance with paragraph 5 below (but subject to any provision made by, or by regulations made by virtue of, any other provision of this Schedule); |
| |
"employed" means employed under a contract of employment; |
| |
"employee" means a person employed under a contract of employment; |
| |
"licence" means a licence authorising the parking of a maximum number of controlled vehicles at any one time in parking places provided at the licensed premises by the occupier of those premises; and "licensed unit" means each unit comprised in that maximum number; |
| |
"licensed premises", in the case of any licence, means the premises to which the licence relates; |
| |
"licensing area" means an area to which a licensing scheme applies; |
| |
"licensing authority" means an authority which is the maker of a licensing scheme; |
| |
"licensing scheme" means a scheme for the licensing of persons providing workplace parking places at premises in an area designated in the scheme; |
| |
"motor vehicle" has the same meaning as in section 228 of this Act; |
| |
"net proceeds", in relation to a licensing scheme, means the amount (if any) by which the gross amount received under the scheme for any financial year by the licensing authority exceeds the expenses incurred by that authority in operating the scheme for that year; |
| |
"occupier", in relation to any premises, means the person who is the occupier for the purposes of non-domestic rates; |
| |
"penalty charge" has the same meaning as in paragraph 18 below; |
| |
"penalty charge notice" means notice of a penalty charge; |
| |
"prescribed" means specified in, or determined in accordance with, regulations; |
| |
"regulations" means regulations made by the Secretary of State; |
| |
"relevant transport purpose" means any purpose which directly or indirectly facilitates the implementation of any policies or proposals set out in the Mayor's transport strategy; |
| |
"TfL scheme" means a licensing scheme made by Transport for London; |
| |
"workplace parking place" means a parking place provided and occupied as mentioned in paragraph 3 below. |
| |
(2) For the purpose of ascertaining the net proceeds of a licensing scheme for any financial year, the expenses of operating the scheme in that year shall be taken to include-
|
| |
(a) any costs of, or associated with, enforcement in that year; |
| |
(b) amounts attributed to that year in respect of depreciation of assets used in connection with the scheme; |
| |
(c) other amounts attributed to that year in respect of capital costs which were incurred for the purpose of establishing or operating the scheme and which fall to be apportioned between different financial years; and |
| |
|
| |
(3) Any reference in this Schedule to a class of motor vehicles is a reference to a class defined or described by reference to any characteristics of the motor vehicles or to any other circumstances whatsoever.
|
| |
(4) For the purposes of this Schedule-
|
| |
(a) the City of London shall be treated as if it were a London borough; |
| |
(b) the Common Council shall be treated as if it were the council for a London borough; and |
| |
(c) the Inner Temple and the Middle Temple shall be treated as forming part of the City. |
| |
Authority functions exercisable by the Mayor |
| | 2. Any functions conferred or imposed on the Authority by or under this Schedule are exercisable by the Mayor acting on behalf of the Authority.
|
| |
Provision of workplace parking places |
| | 3. - (1) For the purposes of this Schedule and section 229 of this Act, the cases where a person provides a workplace parking place are those cases where the person is the occupier of premises and provides at those premises a parking place which is for the time being occupied by a motor vehicle used-
|
| |
(a) by a relevant person, or |
| |
(b) by an employee, agent, supplier or business customer of a relevant person, or |
| |
(c) by a pupil or student attending a course of education or training provided by a relevant person, or |
| |
(d) where the Authority or a London borough council is a relevant person, by the Mayor or a member of the Assembly or, as the case may be, of the council, |
| |
for attending a place at which the relevant person carries on business at or in the vicinity of the premises.
|
| |
(2) In this paragraph "relevant person" means-
|
| |
(a) the person who provides the parking place in question; |
| |
(b) any other person with whom that person has entered into arrangements to provide the parking place (whether or not for that other person's own use); or |
| |
(c) any person who is associated with a person who falls within paragraph (a) or (b) above. |
| |
(3) For the purposes of sub-paragraph (2)(c) above any two persons are "associated" if and only if-
|
| |
(a) one is a company of which the other (directly or indirectly) has control; or |
| |
(b) both are companies of which a third person (directly or indirectly) has control. |
| |
(4) For the purposes of this paragraph-
|
| |
|
| |
(a) any trade, profession, vocation or undertaking;
|
| |
(b) the functions of any office holder;
|
| |
(c) the provision of any course of education or training; and
|
| |
(d) the functions of, or any activities carried on by, a government department, local authority or other statutory body;
|
| |
"business customer", in relation to a relevant person, means a client or customer, or an employee of a client or customer, of the relevant person who is attending at the premises of the relevant person for the purposes of a business carried on by that client or customer; |
| |
"supplier", in relation to a relevant person, means- |
| |
(a) a person supplying, or seeking to supply, goods or services to the relevant person for the purposes of a business carried on by the relevant person; or
|
| |
(b) any agent or sub-contractor of such a person.
|
| |
Power to amend paragraph 3 above |
| | 4. The Secretary of State may by regulations amend paragraph 3 above for the purpose of adding, removing or varying cases where, for the purposes of this Schedule and section 229 of this Act, a person provides a workplace parking place.
|
| |
Controlled vehicles |
| | 5. Where the provision of a parking place for a motor vehicle by a person at any premises constitutes the provision of a workplace parking place, then, for the purposes of this Schedule, the vehicle is a "controlled vehicle" as respects that person and those premises, subject to any exemption conferred by a licensing scheme.
|
| |
Conditions for making a licensing scheme |
| | 6. A licensing scheme may only be made if it appears desirable or expedient for the purpose of directly or indirectly facilitating the implementation of any policies or proposals set out in the Mayor's transport strategy.
|
| |
Making a licensing scheme |
| | 7. - (1) Any licensing scheme must be contained in an order-
|
| |
(a) made under this Schedule by the authority making the scheme; and |
| |
(b) submitted to, and confirmed (with or without modification) by, the Authority. |
| |
(2) An order containing a licensing scheme shall be in such form as the Authority may determine.
|
| |
(3) The Authority may-
|
| |
(a) consult, or require an authority making a licensing scheme to consult, other persons; |
| |
(b) hold an inquiry, or cause an inquiry to be held, for the purposes of any order containing a licensing scheme; |
| |
(c) appoint the person or persons by whom any such inquiry is to be held; |
| |
(d) make modifications to any such order, whether in consequence of any objections or otherwise, before the order takes effect; |
| |
(e) require any such order to include such exemptions for such purposes as the Authority may determine. |
| |
Scheme to conform with Mayor's transport strategy |
| | 8. A licensing scheme must be in conformity with the Mayor's transport strategy.
|
| |
Approval of Authority required for inclusion of certain provisions |
| | 9. The approval of the Authority must be obtained before there is included in a borough scheme any provision of a description specified in a direction under this paragraph given by the Authority to the London borough councils.
|
| |
Joint licensing schemes |
| | 10. - (1) The Authority may authorise or require two or more London borough councils acting jointly to make a licensing scheme applying to the whole or part of their combined areas (a "joint licensing scheme").
|
| |
(2) In the application of this Schedule in relation to a joint licensing scheme, any reference to the licensing authority is a reference to all or any of the London borough councils concerned.
|
| |
The contents of a licensing scheme |
| | 11. A licensing scheme must-
|
| |
(a) designate the area to which it applies; |
| |
(b) state the days on which, and hours during which, the authorisation of a licence is required; |
| |
(c) specify the rates of charge applicable in respect of licences. |
| |
Prohibition on multiple licensing schemes |
| | 12. The same premises shall not be subject to more than one licensing scheme at the same time.
|
| |
The charges |
| | 13. - (1) The rates of charge applicable in respect of licences shall be expressed as a specified sum of money for each licensed unit.
|
| |
(2) The rates of charge that may be imposed by a licensing scheme include different charges (which may be no charge) for-
|
| |
|
| |
(b) different times of day; |
| |
(c) different parts of a licensing area; |
| |
(d) different classes of controlled vehicles; |
| |
(e) different numbers of licensed units. |
| |
(3) In setting the rates of charge, regard may be had to the purposes for which the licensing authority is to apply the net proceeds of the scheme.
|
| |
The contents of a licence |
| | 14. - (1) A licence under a licensing scheme must-
|
| |
(a) state the name of the person to whom it is granted; |
| |
(b) identify the premises to which it relates; |
| |
(c) specify the maximum number of controlled vehicles which may be parked at those premises at any one time; and |
| |
(d) state the amount paid in respect of the licence and set out the calculation of that amount. |
| |
(2) A licence may be granted subject to conditions.
|
| |
Duration of licences |
| | 15. - (1) The grant of a licence shall be for the period of one year unless the licence is a special licence.
|
| |
(2) A licensing scheme may make provision for or in connection with the granting of special licences in circumstances specified in, or determined in accordance with, the scheme.
|
| |
(3) In connection with the granting of special licences, a licensing scheme may include provision conferring a discretion on any body or person.
|
| |
(4) The grant of a special licence shall be for a period of less than a year.
|
| |
Licensing: procedure |
| | 16. A licensing scheme may include provision for or in connection with-
|
| |
(a) the making of an application for a licence; |
| |
(b) the grant of a licence (which must be for the licensed units applied for); |
| |
(c) the issue of a licence; |
| |
(d) the variation or revocation of a licence. |
| |
Exemptions, reduced rates etc |
| | 17. - (1) A licensing scheme may make provision exempting-
|
| |
(a) a specified number of parking places provided at any premises from being workplace parking places, or |
| |
(b) any class of motor vehicles from being controlled vehicles, |
| |
whether generally or in relation to persons or premises of a particular description.
|
| |
(2) A licensing scheme may make provision for or in connection with-
|
| |
(a) exemptions from licensing, |
| |
(b) the application of reduced rates of charges for licences, or |
| |
(c) the imposition of limits on the charges payable for a licence, |
| |
in the case of any particular description of persons or premises or, in the case of paragraphs (b) or (c) above, any particular class of motor vehicles.
|
| |
Penalty charges |
| | 18. - (1) Regulations may make provision for or in connection with the imposition, notification, payment, adjudication or enforcement of penalty charges in respect of acts, omissions, events or circumstances relating to or connected with a licensing scheme.
|
| |
(2) Regulations under sub-paragraph (1) above may make provision for or in connection with setting the rates of penalty charges (which may include provision for discounts or surcharges).
|
| |
Liability for charges |
| | 19. - (1) Regulations may make provision for or in connection with making the occupier of any premises, or such other person as may be prescribed, liable to pay any charges imposed in respect of the premises under or by virtue of a licensing scheme.
|
| |
(2) Regulations may make provision for sums payable under or by virtue of a licensing scheme to be recoverable as a civil debt.
|
| |
(3) Any reference in this paragraph to charges includes a reference to penalty charges.
|
