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Determination of disputes and appeals |
| | 20. Regulations may make provision for or in connection with-
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(a) appeals against decisions relating to licences or in the case of a failure to make such a decision; |
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(b) the determination of disputes; |
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(c) appeals against determinations of disputes or in the case of a failure to make such a determination; |
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(d) the appointment of persons to hear appeals. |
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Accounts and funds |
| | 21. - (1) A licensing authority shall keep an account of their income and expenditure in respect of each of the authority's licensing schemes.
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(2) Each of the following bodies, namely-
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(b) Transport for London, and |
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(c) a London borough council, |
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shall keep an account of their income and expenditure in respect of the sums received by the body which represent net proceeds of licensing schemes for which the body is not the licensing authority.
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(3) As soon as possible after the end of each financial year, each of the bodies required to keep an account under sub-paragraph (1) or (2) above shall prepare a statement of that account for that year.
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(4) A statement of account required to be prepared under sub-paragraph (3) above for any financial year shall be published-
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(a) in the case of a statement of account prepared by Transport for London, in the annual report of Transport for London under section 139 of this Act for that year; |
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(b) in any other case, in the annual accounts for that year of the body which prepared the statement of account. |
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(5) At the end of each financial year-
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(a) any deficit in an account required to be kept under sub-paragraph (1) or (2) above shall be made good out of the body's general fund; and |
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(b) any surplus in any such account shall be dealt with in accordance with sub-paragraphs (6) and (7) below. |
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(6) Any such surplus shall be applied towards making good to the general fund any amount charged to that fund under sub-paragraph (5)(a) above in respect of the account in question in the ten years immediately preceding the financial year in question.
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(7) So much of any surplus as remains after the application of sub-paragraph (6) above shall be carried forward in the account in question to the next financial year.
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(8) In the application of this paragraph in relation to Transport for London, any reference to its general fund shall be taken as a reference to its gross income.
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Application of the net proceeds |
| | 22. - (1) In the case of any licensing scheme which comes into force during the period of ten years beginning with the inception of the Authority, the net proceeds of the scheme shall, during the scheme's initial period, be available only for application for relevant transport purposes by any one or more of the following bodies, namely-
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(b) Transport for London; or |
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(c) a London borough council. |
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(2) Except as provided by sub-paragraph (1) above, the net proceeds of a licensing scheme shall be applied only as may be specified in, or determined in accordance with, regulations under this sub-paragraph.
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(3) Regulations under sub-paragraph (2) above may include provision conferring a discretion on any body or person.
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(4) The provision that may be made by regulations under sub-paragraph (2) above includes provision for sub-paragraph (1) above to continue to apply, but with the substitution for the number of years for the time being there mentioned of a number of years greater than ten.
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(5) The net proceeds of licensing schemes may only be applied for purposes which provide value for money.
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(6) Sub-paragraphs (1) to (5) above are without prejudice to paragraph 21(6) above.
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(7) In this paragraph-
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"the inception of the Authority" means the commencement of the term of office of the Mayor and Assembly members returned at the first ordinary election; |
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"the initial period", in the case of any licensing scheme, means- |
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(a) the period of ten years beginning with the coming into force of the scheme; or
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(b) such longer period as the Secretary of State may allow in the case of any particular scheme.
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Provisions supplementary to paragraph 22 |
| | 23. - (1) Before making any regulations under paragraph 22(2) above, the Secretary of State shall make an assessment of what he considers to be-
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(a) the likely amounts of net proceeds of licensing schemes; and |
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(b) the potential for spending such net proceeds on relevant transport purposes which provide value for money. |
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(2) Before making any such regulations, the Secretary of State shall consult the Authority.
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(3) The Secretary of State may issue guidance to the Authority, Transport for London and the London borough councils with respect to the appraisal of whether any application of net proceeds of a licensing scheme for any purpose provides value for money.
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(4) In determining how to apply the net proceeds of licensing schemes, the Authority, Transport for London and any London borough council shall comply with any guidance issued by the Secretary of State under sub-paragraph (3) above.
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(5) The Secretary of State may at any time vary the guidance under sub-paragraph (3) above.
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(6) In determining for the purposes of paragraph 22 above when the initial period there mentioned begins or expires in the case of any licensing scheme, regulations may make provision as to circumstances in which-
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(a) the same licensing scheme is to be regarded as continuing in force, notwithstanding the making of amendments or the revocation and replacement (with or without modifications) of a scheme; or |
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(b) a different scheme is, or is not, to be regarded as coming into force. |
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Apportionment of net proceeds of licensing schemes |
| | 24. - (1) The Authority may require a licensing scheme to include provision for such portion of the net proceeds as the Authority may determine to be paid to-
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(b) Transport for London, or |
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(c) such London borough councils as may be specified or described by the Authority, |
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for application for relevant transport purposes.
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(2) In this Schedule, any reference to a licensing authority's share of the net proceeds of a licensing scheme is a reference to so much of the net proceeds of the scheme as remains after the making of any payments to other bodies or persons required by virtue of sub-paragraph (1) above or regulations under paragraph 22(2) above.
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(3) For the purposes of this Schedule, the payment by the Authority of a sum received by the Authority by virtue of sub-paragraph (1) above to any body corporate for the purpose of the application of that sum by that body for relevant transport purposes shall be taken to be the application of that sum by the Authority for relevant transport purposes.
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Licensing authority's 10 year plan for their share |
| | 25. - (1) A licensing scheme must include a statement of the licensing authority's proposed general plan for applying the authority's share of the net proceeds of the scheme during the opening ten year period.
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(2) In sub-paragraph (1) above, "the opening ten year period", in relation to any licensing scheme, means the period which-
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(a) begins with the date on which the scheme comes into force; and |
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(b) ends with the tenth financial year that commences on or after that date. |
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(3) An order containing a licensing scheme shall not come into force unless and until the statement required by sub-paragraph (1) above has been approved-
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(a) by the Secretary of State; and |
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(b) if the scheme is a borough scheme, by the Authority. |
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(4) In the case of a borough scheme, an application for approval under sub-paragraph (3)(a) above may only be made-
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(a) by the Authority acting on behalf of the licensing authority; and |
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(b) after the giving by the Authority of the approval required by sub-paragraph (3)(b) above. |
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Licensing authority's 4 year programmes for their share |
| | 26. - (1) As long as a licensing scheme remains in force, the licensing authority shall, during every fourth financial year after the financial year in which the scheme comes into force, prepare a written statement of their proposed general programme for applying the authority's share of the net proceeds of the scheme during the next four financial years.
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(2) Any statement required to be prepared under sub-paragraph (1) above must be submitted for approval to-
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(a) the Secretary of State; and |
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(b) in the case of a borough scheme, the Authority. |
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(3) Any statement required to be submitted to the Secretary of State under sub-paragraph (2)(a) above must be so submitted not less than six months before the end of the financial year during which the statement is required to be prepared.
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(4) In the case of a borough scheme, any submission to the Secretary of State under sub-paragraph (2)(a) above may only be made-
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(a) by the Authority acting on behalf of the licensing authority; and |
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(b) after the giving by the Authority of the approval required by sub-paragraph (2)(b) above. |
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(5) Any statement prepared and approved under this paragraph in the case of a licensing scheme prevails for all purposes over any conflicting provisions in the statement included in the scheme pursuant to paragraph 25 above.
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Authority's 10 year plan for the redistributed portion |
| | 27. - (1) This paragraph applies in relation to a licensing scheme which by virtue of paragraph 24(1) above includes provision for a portion of the net proceeds of the scheme (the "redistributed portion") to be paid by the licensing authority to another body.
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(2) The Authority shall prepare and submit to the Secretary of State a statement of the Authority's general plan for the application (whether by the Authority or any other body) of the redistributed portion during the opening ten year period.
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(3) In sub-paragraph (2) above, "the opening ten year period", in relation to any licensing scheme, means the period which-
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(a) begins with the date on which the scheme comes into force; and |
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(b) ends with the tenth financial year that commences on or after that date. |
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(4) An order containing a licensing scheme shall not come into force unless and until any statement required by sub-paragraph (2) above in the case of that scheme has been approved by the Secretary of State.
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Authority's 4 year programmes for the redistributed portion |
| | 28. - (1) As long as a licensing scheme to which paragraph 27 above applies remains in force, the Authority shall, during every fourth financial year after the financial year in which the scheme comes into force, prepare the statement described in sub-paragraph (2) below.
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(2) That statement is a written statement of the Authority's proposed general programme for the application (whether by the Authority or any other body) of the redistributed portion of the net proceeds of the scheme during the next four financial years.
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(3) Any statement required to be prepared under sub-paragraph (1) above must be submitted for approval to the Secretary of State not less than six months before the end of the financial year during which the statement is required to be prepared.
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(4) A statement prepared and approved under this paragraph for any scheme prevails for all purposes over any conflicting provisions in the statement prepared and approved under paragraph 27 above for that scheme.
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Non-compliance with paragraph 26 or 28 above |
| | 29. - (1) Except with the consent of the Secretary of State in any particular case, none of the licensing authority's share of the net proceeds of a licensing scheme may be applied in any financial year beginning after the end of the opening four year period unless and until a statement under paragraph 26 above having effect in relation to a period in which that year falls has been prepared and approved under that paragraph.
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(2) Except with the consent of the Secretary of State in any particular case, none of the redistributed portion of the net proceeds of a licensing scheme may be applied in any financial year beginning after the end of the opening four year period unless and until a statement under paragraph 28 above having effect in relation to a period in which that year falls has been prepared and approved under that paragraph in relation to the scheme.
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(3) In this paragraph, "the opening four year period", in relation to any licensing scheme, means the period which-
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(a) begins with the date on which the scheme comes into force; and |
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(b) ends with the fourth financial year that commences on or after that date. |
