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SCHEDULE 23
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WORKPLACE PARKING LEVY |
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Interpretation |
| | 1. - (1) In this Schedule, except where the context otherwise requires-
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"borough scheme" means any licensing scheme other than a TfL scheme; |
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"contract of employment" means a contract of service or apprenticeship, whether express or implied, and (if express) whether oral or in writing; |
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"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); |
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"employed" means employed under a contract of employment; |
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"employee" means a person employed under a contract of employment; |
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"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; |
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"licensed premises", in the case of any licence, means the premises to which the licence relates; |
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"licensing area" means an area to which a licensing scheme applies; |
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"licensing authority" means an authority which is the maker of a licensing scheme; |
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"licensing scheme" means a scheme for the licensing of persons providing workplace parking places at premises in an area designated in the scheme; |
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"motor vehicle" has the same meaning as in section 290 of this Act; |
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"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; |
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"occupier", in relation to any premises, means the person who is the occupier for the purposes of non-domestic rates; |
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"penalty charge" has the same meaning as in paragraph 18 below; |
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"penalty charge notice" means notice of a penalty charge; |
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"prescribed" means specified in, or determined in accordance with, regulations; |
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"regulations" means regulations made by the Secretary of State; |
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"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; |
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"TfL scheme" means a licensing scheme made by Transport for London; |
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"workplace parking place" means a parking place provided and occupied as mentioned in paragraph 3 below. |
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(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-
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(a) any costs of, or associated with, enforcement in that year; |
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(b) amounts attributed to that year in respect of depreciation of assets used in connection with the scheme; |
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(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 |
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(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.
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(4) For the purposes of this Schedule-
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(a) the City of London shall be treated as if it were a London borough; |
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(b) the Common Council shall be treated as if it were the council for a London borough; and |
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(c) the Inner Temple and the Middle Temple shall be treated as forming part of the City. |
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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.
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Provision of workplace parking places |
| | 3. - (1) For the purposes of this Schedule and section 291 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-
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(a) by a relevant person, or |
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(b) by an employee, agent, supplier, business customer or business visitor of a relevant person, or |
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(c) by a pupil or student attending a course of education or training provided by a relevant person, or |
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(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, |
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for attending a place at which the relevant person carries on business at or in the vicinity of the premises.
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(2) In this paragraph "relevant person" means-
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(a) the person who provides the parking place in question; |
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(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 |
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(c) any person who is associated with a person who falls within paragraph (a) or (b) above. |
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(3) For the purposes of sub-paragraph (2)(c) above any two persons are "associated" if and only if-
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(a) one is a company of which the other (directly or indirectly) has control; or |
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(b) both are companies of which a third person (directly or indirectly) has control. |
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(4) For the purposes of this paragraph-
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(a) any trade, profession, vocation or undertaking;
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(b) the functions of any office holder;
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(c) the provision of any course of education or training; and
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(d) the functions of, or any activities carried on by, a government department, local authority or other statutory body;
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"business customer", in relation to a relevant person, means 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; |
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"business visitor", in relation to a relevant person, means an individual who- |
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(a) in the course of his employment, or
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(b) in the course of carrying on a business or for the purposes of a business carried on by him,
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is visiting the relevant person or any premises whose occupier is the relevant person; |
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"supplier", in relation to a relevant person, means- |
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(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
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(b) any agent or sub-contractor of such a person.
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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 291 of this Act, a person provides a workplace parking place.
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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.
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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.
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Making a licensing scheme |
| | 7. - (1) Any licensing scheme must be contained in an order-
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(a) made under this Schedule by the authority making the scheme; and |
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(b) submitted to, and confirmed (with or without modification) by, the Authority. |
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(2) An order containing a licensing scheme shall be in such form as the Authority may determine.
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(3) The Authority may-
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(a) consult, or require an authority making a licensing scheme to consult, other persons; |
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(b) hold an inquiry, or cause an inquiry to be held, for the purposes of any order containing a licensing scheme; |
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(c) appoint the person or persons by whom any such inquiry is to be held; |
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(d) make modifications to any such order, whether in consequence of any objections or otherwise, before the order takes effect; |
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(e) require any such order to include such exemptions for such purposes as the Authority may determine. |
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Scheme to conform with Mayor's transport strategy |
| | 8. A licensing scheme must be in conformity with the Mayor's transport strategy.
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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.
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