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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. |
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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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