Greater London Authority Act 1999 (c. 29)

(The document as of February, 2008)

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(4) In subsection (3) (application of section 247 to orders under section 248)--

(a) after "Subsections (2)" there shall be inserted "and (2B)",

(b) for "subsection (2)" there shall be substituted "subsections (2) and (2B)".

Order extinguishing right to use vehicles on highway

5 (1) Section 249 shall be amended as follows.

(2) In subsection (1)(b) (cases where section 249 applies) after "trunk road" there shall be inserted ", a GLA road".

(3) At the beginning of subsection (2) (Secretary of State's power to extinguish rights to use a highway affected by improvement of amenity of area) there shall be inserted "Where the public is to cease to have such a right of way at a place outside Greater London,".

(4) After subsection (2) there shall be inserted--

" (2A) Where--

(a) the public is to cease to have such a right of way at a place within a London borough, and

(b) the conditions mentioned in subsection (2B)(a) or (b) are satisfied,

the council of that borough may by order provide for the extinguishment of any right which persons may have to use vehicles on that highway.

(2B) The conditions are that--

(a) the council is a local planning authority for the place where the right of way is to cease and it resolves that the right should be extinguished, or

(b) another authority is a local planning authority for that place and, having resolved to do so, it applies to the council of the borough for the right to be extinguished. "

(5) In subsection (3) (power to provide for continuance of specified rights on highway where general right of use is extinguished)--

(a) after "subsection (2)" there shall be inserted "or (2A)", and

(b) after "Secretary of State" there shall be inserted "or, as the case may be, the council of the London borough".

(6) In subsection (5) (order under section 249 not to be prejudiced by any other enactment) after "subsection (2)" there shall be inserted "or (2A)".

(7) In subsection (6) (revocation of order under section 249 upon application by local planning authority)--

(a) after "subsection (2)" there shall be inserted "or (2A)",

(b) after "Secretary of State" there shall be inserted "or, as the case may be, the council of the borough",

(d) for "he does so" there shall be substituted "the order is revoked".

(8) In subsection (8) (requirement for local planning authority to consult before applying for order to be revoked) after "subsection (2)" there shall be inserted ", (2A)".

(9) In subsection (9) (application of section 247 to order made under section 249) after "subsection (2)" there shall be inserted ", (2B)".

Compensation for orders under section 249

6 (1) Section 250 shall be amended as follows.

(2) In subsection (1) (right to compensation for those with an interest in land affected by an order under section 249) after "section 249(2)" there shall be inserted "or (2A)".

Procedure for making of orders

7 (1) Section 252 shall be amended as follows.

(2) In subsection (1) (requirement to publicise proposals in certain newspapers)--

(a) after "Secretary of State" in the first place where it occurs there shall be inserted "or, as the case may be, the council of a London borough", and

(b) after "Secretary of State" in the second place where it occurs there shall be inserted "or, as the case may be, the council of the London borough".

(3) In subsection (2) (requirement to serve details of proposals on certain local and other authorities) after "Secretary of State" there shall be inserted "or, as the case may be, the council of the London borough".

(4) In subsection (3) (requirement to display details of proposals at highway concerned) after "Secretary of State" there shall be inserted "or, as the case may be, the council of the London borough".

(5) In subsection (4) (requirement to hold local inquiry if objection made)--

(a) after "Secretary of State" in the first place where it occurs there shall be inserted "or, as the case may be, the council of the London borough,"

(b) for "him" there shall be substituted " to the Secretary of State or, as the case may be, the council " , and

(c) for "unless subsection (5) applies the Secretary of State shall cause a local inquiry to be held" there shall be substituted--

" (a) in a case where the Secretary of State is proposing to make an order, he shall cause a local inquiry to be held unless subsection (5) applies, or

(b) in a case where the council of a London borough is proposing to make an order, it shall notify the Mayor of London of the objections and shall cause a local inquiry to be held unless subsection (5A) applies. "

(6) In subsection (5) (power to dispense with local inquiry in certain circumstances) after "where" there shall be inserted "the Secretary of State is proposing to make an order and".

(7) After subsection (5) there shall be inserted--

" (5A) In a case where--

(a) the council of a London borough is proposing to make the order,

(b) the council has under subsection (4)(b) notified the Mayor of London of the objections, and

(c) none of the objections notified is made by such a local authority or undertakers or transporter as are mentioned in that subsection,

the Mayor of London shall decide whether, in the special circumstances of the case, the holding of such an inquiry is unnecessary, and if he decides that it is unnecessary he shall so notify the council which may dispense with the inquiry. "

(8) In subsection (6) (application of other statutory provisions to local inquiry held under section 252) after "Secretary of State" there shall be inserted "or the council of a London borough".

(9) After subsection (6) there shall be inserted--

" (6A) In their application to an inquiry caused to be held by the council of a London borough--

(a) subsection (4) of section 250 of the Local Government Act 1972 shall be treated as if--

(i) for the reference to a Minister there were substituted a reference to the council of a London borough,

(ii) for the reference to him there were substituted a reference to the council,

(iii) for the reference to he there were substituted a reference to the council acting with the consent of the Mayor of London, and

(iv) for the references to the Minister there were substituted references to the council of the London borough, and

(b) subsection (5) of that section shall be treated as if--

(i) for the reference to the Minister there were substituted a reference to the council of a London borough, and

(ii) the power to make an order as to the costs of parties were subject to a requirement to act with the consent of the Mayor of London. "

(10) In subsection (8) (making of order) before "After" there shall be inserted "Where the Secretary of State is proposing to make an order,".

(11) After subsection (8) there shall be inserted--

" (8A) Where the council of a London borough is proposing to make an order, after--

(a) considering any objections to the order which are not withdrawn, and

(b) where a local inquiry is held--

(i) considering the report of the person who held the inquiry, and

(ii) obtaining the consent of the Mayor of London to the making of the order,

the council may, subject to subsection (9), make the order either without modification or subject to such modification as it thinks fit. "

(12) In subsection (10) (requirement to publicise making of order) after "Secretary of State" there shall be inserted "or, as the case may be, the council of the London borough".

(13) After subsection (10) there shall be inserted--

" (10A) Nothing in subsection (2) shall require the council of a London borough to serve anything on itself. "

Procedure in anticipation of planning permission

8 (1) Section 253 shall be amended as follows.

(2) In subsection (1) (power to publish certain orders in draft before planning permissions making the orders necessary are granted)--

(a) after "Secretary of State" in the first place where it occurs there shall be inserted "or the council of a London borough", and

(b) after "Secretary of State" in the second place where it occurs there shall be inserted "or, as the case may be, the council of the London borough".

(3) In subsection (5) (saving of restriction on power to make order until planning permission granted) after "Secretary of State" there shall be inserted "or the council of a London borough".

Temporary highway orders: mineral workings

9 (1) Section 261 shall be amended as follows.

(2) In subsection (1) (Secretary of State's power to order stopping up or diversion of highway for working of minerals)--

(a) after "Secretary of State" there shall be inserted "or the council of a London borough", and

(b) after "him" there shall be inserted "or, as the case may be, the council".

(3) In subsection (3) (additional provision in order under section 261)--

(a) for "or, as the case may be," there shall be substituted ", the council of the London borough or", and

(b) after "authority" there shall be inserted "(as the case may be)".

Section 295.

SCHEDULE 23 Road user charging

Interpretation

1 (1) In this Schedule--

"borough scheme" means any charging scheme other than a TfL scheme;
"charging area" means an area to which a charging scheme applies;
"charging authority" means an authority which is the maker of a charging scheme;
"charging scheme" means a scheme for imposing charges in respect of the keeping or use of motor vehicles on roads in an area designated in the scheme;
"GLA road" includes a reference to a GLA side road;
"highway authority" has the same meaning as in the [1980 c. 66.] Highways Act 1980 (see in particular sections 1 to 9 of that Act);
"immobilisation device" has the same meaning as in section 104(9) of the [1984 c. 27.] Road Traffic Regulation Act 1984;
"motor vehicle" shall be construed in accordance with subsection (3) of section 295 of this Act;
"net proceeds", in relation to a charging scheme, means the amount (if any) by which the gross amount received under the scheme for any financial year by the charging authority exceeds the expenses incurred by that authority in operating the scheme for that year;
"penalty charge" has the same meaning as in paragraph 12 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;
"redistributed portion", in relation to the net proceeds of a charging scheme, shall be construed in accordance with paragraph 21(1) below;
"road" has the same meaning as in the [1984 c. 27.] Road Traffic Regulation Act 1984 (see section 142(1) of that Act);
"share of the net proceeds", in relation to a charging authority and a charging scheme, shall be construed in accordance with paragraph 18(2) below;
"TfL scheme" means a charging scheme made by Transport for London;
"traffic authority" has the same meaning as in the [1984 c. 27.] Road Traffic Regulation Act 1984 (see sections 121A and 142(1) of that Act);
"traffic sign" has the same meaning as in the [1984 c. 27.] Road Traffic Regulation Act 1984 (see in particular section 64 of that Act);
"trunk road" has the same meaning as in the [1984 c. 27.] Road Traffic Regulation Act 1984 (see section 142(1) of that Act).

(2) For the purpose of ascertaining the net proceeds of a charging 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

(d) interest.

(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

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.

Conditions for making a charging scheme

3 A charging scheme may only be made if it appears desirable or expedient for the purpose of directly or indirectly facilitating the achievement of any policies or proposals set out in the Mayor's transport strategy.

Making a charging scheme

4 (1) Any charging 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 charging scheme shall be in such form as the Authority may determine.

(3) The Authority may--

(a) consult, or require an authority making a charging scheme to consult, other persons;

(b) hold an inquiry, or cause an inquiry to be held, for the purposes of any order containing a charging scheme;

(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;

(f) require the authority by whom any such order is made to place and maintain, or cause to be placed and maintained, such traffic signs in connection with that order as the Authority may determine.

Scheme to conform with Mayor's transport strategy

5 A charging scheme must be in conformity with the Mayor's transport strategy.

Approval of Authority required for inclusion of certain provisions

6 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 charging schemes

7 (1) The Authority may authorise or require two or more London borough councils acting jointly to make a charging scheme applying to the whole or part of their combined areas (a "joint charging scheme").

(2) In the application of this Schedule in relation to a joint charging scheme, any reference to the charging authority is a reference to all or any of the London borough councils concerned.

The contents of a charging scheme

8 A charging scheme must--

(a) designate the area to which it applies;

(b) specify the classes of motor vehicles in respect of which a charge is imposed;

(d) specify the charges imposed.

The charging area and the roads

9 (1) The designation of--

(a) the boundaries of the charging area, and

(b) the roads in that area in respect of which charges are imposed,

shall be such as the authority making the charging scheme may determine, subject to any modifications made by the Authority.

(2) A TfL scheme may apply to an area which consists of the whole or any part of Greater London.

(3) A borough scheme may apply to an area which consists of the whole or any part of the area of the authority (or, in the case of a joint charging scheme, the combined areas of the authorities) making the scheme.

(4) A road shall not be subject to charges imposed by more than one charging authority at the same time.

(5) In the application of sub-paragraph (4) above in relation to a joint charging scheme, the authorities making the scheme shall be treated as if they together constituted a single charging authority.

(6) A TfL scheme may impose charges in respect of roads in the charging area, whether or not Transport for London is the traffic authority or the highway authority for those roads.

(7) A charging scheme must not impose charges in respect of a trunk road except with the consent of the Secretary of State.

(8) A borough scheme may impose charges in respect of GLA roads.

The charges

10 (1) A charging scheme shall specify or describe the events by reference to the happening of which a charge is imposed by the charging scheme in respect of a motor vehicle being kept or used on a road in a charging area.

(2) Any charge imposed by a charging scheme in respect of the keeping of a motor vehicle on a road in a charging area must also have effect in respect of the use of the motor vehicle in that charging area.

(3) A charging scheme may make provision in relation to the manner in which charges are to be made, collected, recorded or paid.

(4) The charges that may be imposed by a charging scheme include different charges (which may be no charge) for--

(a) different days;

(b) different times of day;

(d) different distances travelled;

(e) different classes of motor vehicles.

(5) In setting the rates of charge, regard may be had to the purposes for which the charging authority is to apply the net proceeds of the scheme.

Exemptions, reduced rates etc

11 (1) The Secretary of State may by regulations make provision for or in connection with--

(a) exemptions from charge,

(b) the application of reduced rates of charge, or

in the case of any prescribed class of motor vehicles or any prescribed description of disabled or other persons.

(2) Subject to any regulations under sub-paragraph (1) above, a charging scheme may make provision for or in connection with--

(a) exemptions from charge,

(b) the application of reduced rates of charge, or

in the case of any particular class of motor vehicles or description of persons.

Penalty charges

12 (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 charging 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

13 (1) Regulations may make provision for or in connection with making the registered keeper of a motor vehicle, or such other person as may be prescribed, liable to pay any charges imposed in respect of the vehicle under or by virtue of a charging scheme.

(2) Regulations may make provision for or in connection with making it a defence for the registered keeper of a motor vehicle to show that at the time of an event giving rise to the imposition of charges another person was driving the vehicle without the registered keeper's consent.

(3) Regulations may make provision for sums payable under or by virtue of a charging scheme to be recoverable as a civil debt.

(4) Any reference in this paragraph to charges includes a reference to penalty charges.

Installation of equipment on roads or elsewhere

14 A charging authority may install, or authorise the installation, of any equipment used or to be used in connection with the operation or enforcement of the charging scheme.

Accounts and funds

15 (1) A charging authority shall keep an account of their income and expenditure in respect of each of the authority's charging schemes.

(2) Each of the following bodies, namely--

(a) the Authority,

(b) Transport for London, and

shall keep an account of their income and expenditure in respect of the sums received by the body which represent net proceeds of charging schemes for which the body is not the charging authority.

(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.

(4) A statement of account required to be prepared under sub-paragraph (3) above for any financial year shall be published--

(a) in the case of a statement of account prepared by Transport for London, in the annual report of Transport for London under section 161 of this Act for that year;

(b) in any other case, in the annual accounts for that year of the body which prepared the statement of account.

(5) At the end of each financial year--

(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

(b) any surplus in any such account shall be dealt with in accordance with sub-paragraphs (6) and (7) below.

(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.

(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.

(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.

Application of the net proceeds

16 (1) In the case of any charging 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--

(a) the Authority;

(b) Transport for London; or

(2) Except as provided by sub-paragraph (1) above, the net proceeds of a charging scheme shall be applied only as may be specified in, or determined in accordance with, regulations under this sub-paragraph.

(3) Regulations under sub-paragraph (2) above may include provision conferring a discretion on any body or person.

(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.

(5) The net proceeds of charging schemes may only be applied for purposes which provide value for money.

(6) Sub-paragraphs (1) to (5) above are without prejudice to paragraph 15(6) above.

(7) In this paragraph--

"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;
"the initial period", in the case of any charging scheme, means--
(a)
the period of ten years beginning with the coming into force of the scheme; or
(b)
such longer period as the Secretary of State may allow in the case of any particular scheme.

Provisions supplementary to paragraph 16

17 (1) Before making any regulations under paragraph 16(2) above, the Secretary of State shall make an assessment of what he considers to be--

(a) the likely amounts of net proceeds of charging schemes; and

(b) the potential for spending such net proceeds on relevant transport purposes which provide value for money.

(2) Before making any such regulations, the Secretary of State shall consult the Authority.

(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 charging scheme for any purpose provides value for money.

(4) In determining how to apply the net proceeds of charging 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.

(5) The Secretary of State may at any time vary the guidance under sub-paragraph (3) above.

(6) In determining for the purposes of paragraph 16 above when the initial period there mentioned begins or expires in the case of any charging scheme, regulations may make provision as to circumstances in which--

(a) the same charging 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

(b) a different scheme is, or is not, to be regarded as coming into force.

Apportionment of net proceeds of charging schemes

18 (1) Subject to any provision made by regulations under paragraph 16(2) above, the Authority may require a charging scheme to include provision for such portion of the net proceeds as the Authority may determine to be paid to--

(a) the Authority,

(b) Transport for London, or

for application for relevant transport purposes.

(2) In this Schedule, any reference to a charging authority's share of the net proceeds of a charging 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 16(2) above.

(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.

Charging authority's 10 year plan for their share

19 (1) A charging scheme must include a statement of the charging 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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