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4 year programmes: amendment, replacement and voluntary statements |
| | 30. - (1) Where a statement has been prepared and approved under paragraph 26 or 28 above, the authority which prepared the statement may-
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(a) amend the statement, or |
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(b) replace it with another statement (a "replacement statement"), |
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but subject to the following provisions of this paragraph.
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(2) Subject to the following provisions of this paragraph, where a licensing scheme is in force-
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(a) the licensing authority may prepare a statement such as is described in paragraph 26(1) above, and |
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(b) if the licensing scheme is one to which paragraph 27 above applies, the Authority may prepare a statement such as is described in paragraph 28(2) above, |
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at any time before the beginning of the first financial year for which a statement under paragraph 26 or, as the case may be, paragraph 28 above is required to be prepared in respect of the scheme.
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(3) For the purposes of this paragraph-
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(a) a "voluntary statement" is a statement prepared under sub-paragraph (2)(a) or (b) above, |
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(b) a statement prepared under sub-paragraph (2)(a) above shall be treated as a statement prepared under paragraph 26 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph, and |
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(c) a statement prepared under sub-paragraph (2)(b) above shall be treated as a statement prepared under paragraph 28 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph, |
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and references to statements under paragraph 26 or 28 above shall be construed accordingly.
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(4) The power conferred by sub-paragraph (1)(b) or (2) above is exercisable-
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(a) in the case of a statement under paragraph 26 above in respect of a borough scheme, during the period of six months beginning with the day on which a change of control of the London borough council concerned occurs; or |
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(b) in any other case, during the period of six months beginning with the term of office of any person returned as the Mayor at an ordinary election or at an election under section 16 of this Act. |
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(5) Where, in exercise of the powers conferred by this paragraph, an authority proposes-
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(a) to amend or replace a statement prepared and approved under paragraph 26 or 28 above, or |
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(b) to prepare a voluntary statement, |
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sub-paragraph (6) below applies.
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(6) Where this sub-paragraph applies, the amendment, replacement statement or voluntary statement must be submitted for approval-
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(a) to the Secretary of State; and |
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(b) if the statement concerned or affected is one prepared in respect of a borough scheme by the licensing authority, to the Authority. |
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(7) Where sub-paragraph (6)(b) above applies, any submission to the Secretary of State under sub-paragraph (6)(a) above may only be made-
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(a) by the Authority acting on behalf of the licensing authority concerned; and |
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(b) after the giving by the Authority of the approval required by sub-paragraph (6)(b) above. |
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(8) Where a statement prepared and approved under paragraph 26 or 28 above is amended in accordance with this paragraph, the statement shall continue to be regarded for the purposes of this Schedule as a statement so prepared and approved, notwithstanding the amendment.
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(9) A replacement statement or a voluntary statement must relate to the four financial years beginning with the financial year in which it takes effect (disregarding so much of that year as has expired before the statement takes effect).
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(10) A replacement statement or voluntary statement prepared and approved under this paragraph shall be taken for the purposes of this Schedule to be a statement prepared and approved-
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(a) under paragraph 26 above, if it was prepared in respect of a licensing scheme by the licensing authority; or |
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(b) under paragraph 28 above, if it was prepared by the Authority. |
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(11) Where a voluntary statement or replacement statement prepared by an authority takes effect, the time at which any subsequent statement is required to be prepared by that authority by virtue of paragraph 26 or 28 above in respect of the licensing scheme in question shall be determined as if the financial year preceding that in which the replacement statement or voluntary statement takes effect had been such a fourth year as is mentioned in sub-paragraph (1) of that paragraph.
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Rights of entry |
| | 31. - (1) Where a person duly authorised in writing by a licensing authority has reason to believe that any premises are being used for the provision of workplace parking places, he may at any reasonable time enter those premises for the purpose of-
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(a) ascertaining whether controlled vehicles are parked at those premises without a licence in respect of those premises; |
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(b) ascertaining whether there are parked at those premises controlled vehicles in excess of the number permitted by a licence in respect of those premises; or |
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(c) ascertaining whether there is or has been any contravention of the conditions of a licence in respect of those premises. |
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(2) A person duly authorised in writing by a licensing authority may at any reasonable time enter any premises for the purpose of issuing a penalty charge notice.
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(3) A person authorised under sub-paragraph (1) or (2) above to enter any premises shall, if so required, produce evidence of his authority before so entering.
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(4) Any person who wilfully obstructs a person acting in the exercise of his powers under sub-paragraph (1) or (2) above shall be guilty of an offence and liable-
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(a) on summary conviction to a fine not exceeding level 5 on the standard scale; or |
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(b) on conviction on indictment, to a fine. |
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(5) Where any land is damaged in the exercise of a right of entry conferred under sub-paragraph (1) or (2) above, compensation in respect of that damage may be recovered by any person interested in the land from the licensing authority on whose behalf the entry was effected.
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(6) The provisions of section 118 of the Town and Country Planning Act 1990 shall apply in relation to compensation under sub-paragraph (7) above as they apply in relation to compensation under Part IV of that Act.
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Expenses |
| | 32. The Authority, Transport for London or a London borough council may-
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(a) incur expenditure in or in connection with the establishment or operation of a licensing scheme; or |
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(b) enter into arrangements (including arrangements for forming or participating in companies) with any body or person in respect of the operation of a licensing scheme or relating to the installation or operation of any equipment used for or in connection with the operation of a licensing scheme. |
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Directions by the Authority |
| | 33. - (1) The Authority may give to any London borough council general or specific directions requiring the council to exercise, in such manner as may be specified in the directions,-
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(a) any of the council's powers under this Schedule; or |
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(b) for purposes connected with a licensing scheme made by that council or any other authority, any of the council's powers under any other enactment relating to the management or control of traffic. |
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(2) A London borough council shall comply with any directions given to the council by the Authority.
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Guidance |
| | 34. - (1) The Authority may issue guidance to Transport for London or any London borough council in relation to the discharge of their functions under this Schedule.
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(2) Transport for London or a London borough council in exercising any function under this Schedule shall have regard to any guidance issued by the Authority under this paragraph.
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Parking in the Palace of Westminster |
| | 35. - (1) This paragraph has effect for the purposes of this Schedule and section 229 of this Act.
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(2) The Palace of Westminster shall be treated as premises occupied by the Corporate Officer of the House of Lords and the Corporate Officer of the House of Commons acting jointly.
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(3) Every motor vehicle for which a parking place is provided at the Palace of Westminster shall be taken to be a motor vehicle used as mentioned in paragraph 3(1) above if it is a vehicle used-
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(a) by a Member or officer of either House of Parliament; |
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(b) by a person employed as a member of the House of Lords staff; |
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(c) by a person employed as a member of the House of Commons staff; |
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(d) by a person employed by a member of either House of Parliament; or |
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(e) by, or by an employee of, any person supplying or seeking to supply goods or services to- |
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(ii) the House of Commons,
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(iii) any member or officer of either House of Parliament,
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or any agent or sub-contractor of such a person. |
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(4) No offence under this Schedule or regulations made under it is capable of being committed in relation to parking in the Palace of Westminster.
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(5) No right of entry conferred under or by virtue of this Schedule shall be exercisable in relation to the Palace of Westminster.
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(6) No penalty charge notice shall be issued in respect of parking in the Palace of Westminster.
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(7) In this paragraph-
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"member of the House of Commons staff" means any person- |
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(a) who was appointed by the House of Commons Commission; or
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(b) who is a member of the Speaker's personal staff;
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"member of the House of Lords staff" means any person who is employed under a contract of employment made with the Corporate Officer of the House of Lords. |
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Crown application |
| | 36. - (1) Subject to the provisions of this paragraph, the provisions of this Schedule and of regulations and licensing schemes made under it shall bind the Crown.
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(2) No contravention by the Crown of any provision of this Schedule or of any regulations or licensing scheme made under it shall make the Crown criminally liable; but the High Court may, on the application of a licensing authority, declare unlawful any act or omission of the Crown which constitutes such a contravention.
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(3) Notwithstanding anything in sub-paragraph (2) above, the provisions of this Schedule and of regulations and licensing schemes made under it shall apply to persons in the public service of the Crown as they apply to other persons.
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(4) No power of entry conferred by this Schedule or regulations made under it shall be exercisable in relation to any premises held or used by or on behalf of the Crown.
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(5) Nothing in this paragraph shall be taken as in any way affecting Her Majesty in her private capacity; and this sub-paragraph shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.
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Duration of licensing schemes |
| | 37. A licensing scheme shall state whether or not it is to remain in force indefinitely and, if it is not to remain in force indefinitely, shall state the period for which it is to remain in force.
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Variation and revocation of licensing schemes |
| | 38. The power to make a licensing scheme includes power, exercisable in the same manner, and subject to the same conditions and limitations, to vary or revoke such a scheme.
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