Greater London Authority Act 1999 (c. 29)

(The document as of February, 2008)

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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.

(2) In sub-paragraph (1) above, "the opening ten year period", in relation to any charging scheme, means the period which--

(a) begins with the date on which the scheme comes into force; and

(b) ends with the tenth financial year that commences on or after that date.

(3) An order containing a charging scheme shall not come into force unless and until the statement required by sub-paragraph (1) above has been approved--

(a) by the Secretary of State; and

(b) if the scheme is a borough scheme, by the Authority.

(4) In the case of a borough scheme, an application for approval under sub-paragraph (3)(a) above may only be made--

(a) by the Authority acting on behalf of the charging authority; and

(b) after the giving by the Authority of the approval required by sub-paragraph (3)(b) above.

Charging authority's 4 year programmes for their share

20 (1) As long as a charging scheme remains in force, the charging 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.

(2) Any statement required to be prepared under sub-paragraph (1) above must be submitted for approval to--

(a) the Secretary of State; and

(b) in the case of a borough scheme, the Authority.

(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.

(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--

(a) by the Authority acting on behalf of the charging authority; and

(b) after the giving by the Authority of the approval required by sub-paragraph (2)(b) above.

(5) Any statement prepared and approved under this paragraph in the case of a charging scheme prevails for all purposes over any conflicting provisions in the statement included in the scheme pursuant to paragraph 19 above.

Authority's 10 year plan for the redistributed portion

21 (1) This paragraph applies in relation to a charging scheme which by virtue of paragraph 18(1) above includes provision for a portion of the net proceeds of the scheme (the "redistributed portion") to be paid by the charging authority to another body.

(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.

(3) In sub-paragraph (2) above, "the opening ten year period", in relation to any charging scheme, means the period which--

(a) begins with the date on which the scheme comes into force; and

(b) ends with the tenth financial year that commences on or after that date.

(4) An order containing a charging 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.

Authority's 4 year programmes for the redistributed portion

22 (1) As long as a charging scheme to which paragraph 21 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.

(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.

(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.

(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 21 above for that scheme.

Non-compliance with paragraph 20 or 22 above

23 (1) Except with the consent of the Secretary of State in any particular case, none of the charging authority's share of the net proceeds of a charging 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 20 above having effect in relation to a period in which that year falls has been prepared and approved under that paragraph.

(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 charging 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 22 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.

(3) In this paragraph, "the opening four year period", in relation to any charging scheme, means the period which--

(a) begins with the date on which the scheme comes into force; and

(b) ends with the fourth financial year that commences on or after that date.

4 year programmes: amendment, replacement and voluntary statements

24 (1) Where a statement has been prepared and approved under paragraph 20 or 22 above, the authority which prepared the statement may--

(a) amend the statement, or

(b) replace it with another statement (a "replacement statement"),

but subject to the following provisions of this paragraph.

(2) Subject to the following provisions of this paragraph, where a charging scheme is in force--

(a) the charging authority may prepare a statement such as is described in paragraph 20(1) above, and

(b) if the charging scheme is one to which paragraph 21 above applies, the Authority may prepare a statement such as is described in paragraph 22(2) above,

at any time before the beginning of the first financial year for which a statement under paragraph 20 or, as the case may be, paragraph 22 above is required to be prepared in respect of the scheme.

(3) For the purposes of this paragraph--

(a) a "voluntary statement" is a statement prepared under sub-paragraph (2)(a) or (b) above,

(b) a statement prepared under sub-paragraph (2)(a) above shall be treated as a statement prepared under paragraph 20 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph, and

(c) a statement prepared under sub-paragraph (2)(b) above shall be treated as a statement prepared under paragraph 22 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph,

and references to statements under paragraph 20 or 22 above shall be construed accordingly.

(4) The power conferred by sub-paragraph (1)(b) or (2) above is exercisable--

(a) in the case of a statement under paragraph 20 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

(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.

(5) Where, in exercise of the powers conferred by this paragraph, an authority proposes--

(a) to amend or replace a statement prepared and approved under paragraph 20 or 22 above, or

(b) to prepare a voluntary statement,

sub-paragraph (6) below applies.

(6) Where this sub-paragraph applies, the amendment, replacement statement or voluntary statement must be submitted for approval--

(a) to the Secretary of State; and

(b) if the statement concerned or affected is one prepared in respect of a borough scheme by the charging authority, to the Authority.

(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--

(a) by the Authority acting on behalf of the charging authority concerned; and

(b) after the giving by the Authority of the approval required by sub-paragraph (6)(b) above.

(8) Where a statement prepared and approved under paragraph 20 or 22 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.

(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).

(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--

(a) under paragraph 20 above, if it was prepared in respect of a charging scheme by the charging authority; or

(b) under paragraph 22 above, if it was prepared by the Authority.

(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 20 or 22 above in respect of the charging 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.

Offences

25 (1) A person who, with intent to avoid payment of a charge imposed by a charging scheme or with intent to avoid being identified as having failed to pay such a charge,--

(a) interferes with any equipment used for or in connection with charging under a charging scheme,

(b) causes or permits the registration plate of a motor vehicle to be obscured, or

is guilty of an offence.

(2) A person guilty of an offence under sub-paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

Examination of motor vehicles etc

26 (1) Regulations may make provision conferring powers on prescribed persons for or in connection with--

(a) examining a motor vehicle for the purpose of ascertaining whether any document required by a charging scheme to be displayed while a motor vehicle is on a road in a charging area is so displayed; or

(b) examining a motor vehicle for the purpose of ascertaining whether any equipment required by a charging scheme to be carried in or fitted to a motor vehicle while the vehicle is on a road in a charging area--

(i) is so carried or fitted,

(ii) is in proper working order, or

(iii) has been interfered with unlawfully,

or whether any conditions relating to the use of any such equipment are satisfied.

(2) The provision that may be made by regulations under sub-paragraph (1) above includes provision for or in connection with conferring on a person duly authorised in writing by a charging authority power to enter a motor vehicle for the purpose of exercising any of the powers conferred on that person under that sub-paragraph.

Removal or immobilisation of motor vehicles

27 Regulations may make provision for or in connection with--

(a) the fitting of immobilisation devices to motor vehicles;

(b) the removal and storage of motor vehicles;

(d) requiring the satisfaction of conditions before the release of a motor vehicle.

Determination of disputes and appeals

28 Regulations may make provision for or in connection with--

(a) the determination of disputes;

(b) appeals against determinations or any failure to make a determination;

Approval of equipment

29 (1) No equipment of a description specified in a direction under this paragraph given by the Authority to Transport for London and every London borough council may be used in connection with a charging scheme unless the equipment is of a type approved by the Authority.

(2) Where the Secretary of State considers that--

(a) equipment of any particular description used in connection with a charging scheme ("the non-standard equipment") is incompatible with a national standard for equipment of that or any other description, and

(b) the incompatibility is detrimental to the interests of persons resident in England outside Greater London,

he may give notice of that fact to the Authority.

(3) Where the Secretary of State has given notice under sub-paragraph (2) above to the Authority, the non-standard equipment may no longer be used in connection with a charging scheme except with the authorisation of the Secretary of State.

(4) Any authorisation under sub-paragraph (3) above may be given subject to conditions.

(5) Any authorisation under sub-paragraph (3) above, and any conditions under sub-paragraph (4) above, may be varied or revoked.

(6) In this paragraph "national standard" means any standard approved by the Secretary of State by regulations made under any enactment and in force in an area which consists of or includes the whole of England outside Greater London.

Evidence

30 Regulations may make provision for or in connection with permitting evidence of a fact relevant to proceedings for an offence under this Schedule, or proceedings in respect of a failure to comply with the provisions of a charging scheme, to be given by the production of--

(a) a record produced by a prescribed device; and

(b) a certificate (whether in the same or another document) as to the circumstances in which the record was produced signed by a prescribed person.

Exclusions for motor vehicles not on roads

31 A charging scheme may not authorise or require--

(a) the imposition of charges in respect of a motor vehicle by reference to its presence in a charging area at a time at which the vehicle is not on a road;

(b) the examination, for any purpose relating to or connected with this Schedule, regulations or a charging scheme, of a motor vehicle found in a charging area at a time at which the vehicle is not on a road; or

(c) the fitting of an immobilisation device to, or the removal of, a motor vehicle found in a charging area at a time at which the vehicle is not on a road.

Expenses

32 The Authority, Transport for London or a London borough council may--

(a) incur expenditure in or in connection with the establishment or operation of a charging scheme; or

(b) enter into arrangements (including arrangements for forming or participating in companies) with any body or person in respect of the operation of a charging scheme or relating to the installation or operation of any equipment used for or in connection with the operation of a charging scheme.

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,--

(a) any of the council's powers under this Schedule; or

(b) for purposes connected with a charging 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.

(2) A London borough council shall comply with any directions given to the council by the Authority.

Guidance by the Authority

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.

(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.

Crown roads

35 (1) This Schedule applies in relation to Crown roads as it applies in relation to other roads.

(2) In sub-paragraph (1) above "Crown road" has the same meaning as in section 131 of the [1984 c. 27.] Road Traffic Regulation Act 1984.

Crown application

36 (1) Subject to the provisions of this paragraph, the provisions of this Schedule and of regulations and charging schemes made under it shall bind the Crown.

(2) No contravention by the Crown of any provision of this Schedule or of any regulations or charging scheme made under it shall make the Crown criminally liable; but the High Court may, on the application of a charging authority, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3) Notwithstanding anything in sub-paragraph (2) above, the provisions of this Schedule and of regulations and charging schemes made under it shall apply to motor vehicles or persons in the public service of the Crown as they apply to other motor vehicles or persons.

(4) No power of entry conferred by this Schedule or regulations made under it shall be exercisable in relation to any motor vehicle in the public service of the Crown.

(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 [1947 c. 44.] Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.

Duration of charging schemes

37 A charging 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.

Variation and revocation of charging schemes

38 The power to make a charging scheme includes power, exercisable in the same manner, and subject to the same conditions and limitations, to vary or revoke such a scheme.

Section 296.

SCHEDULE 24 Workplace parking levy

Interpretation

1 (1) In this Schedule, except where the context otherwise requires--

"borough scheme" means any licensing scheme other than a TfL scheme;
"contract of employment" means a contract of service or apprenticeship, whether express or implied, and (if express) whether oral or in writing;
"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);
"employed" means employed under a contract of employment;
"employee" means a person employed under a contract of employment;
"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;
"licensed premises", in the case of any licence, means the premises to which the licence relates;
"licensing area" means an area to which a licensing scheme applies;
"licensing authority" means an authority which is the maker of a licensing scheme;
"licensing scheme" means a scheme for the licensing of persons providing workplace parking places at premises in an area designated in the scheme;
"motor vehicle" has the same meaning as in section 295 of this Act;
"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;
"occupier", in relation to any premises, means the person who is the occupier for the purposes of non-domestic rates;
"penalty charge" has the same meaning as in paragraph 18 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;
"TfL scheme" means a licensing scheme made by Transport for London;
"workplace parking place" means a parking place provided and occupied as mentioned in paragraph 3 below.

(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--

(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.

Provision of workplace parking places

3 (1) For the purposes of this Schedule and section 296 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--

(a) by a relevant person, or

(b) by an employee, agent, supplier, business customer or business visitor of a relevant person, or

(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,

for attending a place at which the relevant person carries on business at or in the vicinity of the premises.

(2) In this paragraph "relevant person" means--

(a) the person who provides the parking place in question;

(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

(3) For the purposes of sub-paragraph (2)(c) above any two persons are "associated" if and only if--

(a) one is a company of which the other (directly or indirectly) has control; or

(b) both are companies of which a third person (directly or indirectly) has control.

(4) For the purposes of this paragraph--

"business" includes--
(a)
any trade, profession, vocation or undertaking;
(b)
the functions of any office holder;
(c)
the provision of any course of education or training; and
(d)
the functions of, or any activities carried on by, a government department, local authority or other statutory body;
"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;
"business visitor", in relation to a relevant person, means an individual who--
(a)
in the course of his employment, or
(b)
in the course of carrying on a business or for the purposes of a business carried on by him,

is visiting the relevant person or any premises whose occupier is the relevant person;
"supplier", in relation to a relevant person, means--
(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
(b)
any agent or sub-contractor of such a person.

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 296 of this Act, a person provides a workplace parking place.

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.

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.

Making a licensing scheme

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

(3) The Authority may--

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

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

Scheme to conform with Mayor's transport strategy

8 A licensing scheme must be in conformity with the Mayor's transport strategy.

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.

Joint licensing schemes

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

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

The contents of a licensing scheme

11 A licensing scheme must--

(a) designate the area to which it applies;

(b) state the days on which, and hours during which, the authorisation of a licence is required;

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