Transport Act 2000 (c. 38)

(The document as of February, 2008)

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22 (1) Section 111 (unregistered and unreliable local services: requirement to repay twenty per cent. of bus fuel duty grants) is amended as follows (until it ceases to have effect as a result of section 154(6)).

(2) For subsection (1) substitute--

" (1) Where the traffic commissioner for any traffic area is satisfied that the operator of a local service has, without reasonable excuse--

(a) failed to operate a local service registered under section 6 of this Act;

(b) operated a local service in contravention of that section or section 118(4) or 129(1)(b) of the Transport Act 2000; or

he may make a determination to that effect. "

Greater London Authority Act 1999 (c. 29)

23 In section 420(8) of the Greater London Authority Act 1999 (orders subject to annulment in pursuance of a resolution of either House of Parliament), after "235(4);" insert--

" section 242(10); " .

Section 191.

SCHEDULE 12 Road user charging and workplace parking levy: financial provisions

Introductory

1 (1) In this Schedule "relevant scheme" means a charging scheme or licensing scheme under this Part.

(2) In this Schedule--

(a) "the relevant authority", in relation to a relevant scheme made by one authority, means the authority by which the scheme is made, and

(b) "the relevant authorities", in relation to a relevant scheme made jointly by more than one authority, means the authorities by which the scheme is made.

Net proceeds

2 (1) In this Schedule "net proceeds", in relation to a relevant scheme and a financial year, means the amount (if any) by which--

(a) the amounts received under or in connection with the scheme which are attributable to the financial year, exceed

(b) the expenses incurred for or in connection with the scheme which are so attributable.

(2) For the purposes of this Schedule--

(a) the amounts received under or in connection with a relevant scheme, and

(b) the expenses incurred for or in connection with a relevant scheme,

and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations made by the appropriate national authority.

(3) Regulations under sub-paragraph (2) may, in particular, provide that--

(a) any such costs of constructing, improving or maintaining roads in respect of which charges are imposed by trunk road charging schemes, and any such costs of managing traffic on those roads, as are specified by or determined in accordance with the regulations, or

(b) any such payments made for or in respect of the construction, improvement or maintenance of those roads, or the management of traffic on them, as are so specified or determined,

are to be regarded, to the extent so specified or determined, as expenses incurred for or in connection with the trunk road charging schemes.

(4) Where a trunk road charging scheme is made by virtue of section 167(2)(b), the relevant authority and the local traffic authority which requested the making of the scheme (or Transport for London, if it did) may agree that--

(a) the expenses incurred for or in connection with the trunk road charging scheme shall be taken to include specified expenses incurred for or in connection with the charging scheme in connection with which the trunk road charging scheme was requested, and

(b) the expenses incurred for or in connection with that other charging scheme shall be taken to include specified expenses incurred for or in connection with the trunk road charging scheme.

Apportionment

3 (1) A relevant scheme which is--

(a) a joint local charging scheme or licensing scheme, or

(b) a joint local-London charging scheme or licensing scheme,

shall provide for the net proceeds of the scheme to be apportioned between the relevant authorities.

(2) Where a trunk road charging scheme is made by virtue of section 167(2)(b)--

(a) the trunk road charging scheme, or

(b) the charging scheme in connection with which the trunk road charging scheme was requested,

or both, may provide for the net proceeds of the scheme to be apportioned between the relevant authority and the local traffic authority which requested the making of the scheme (or Transport for London, if it did).

4 References in the following provisions of this Schedule to an authority's share of the net proceeds of a relevant scheme are--

(a) where the net proceeds of the scheme are apportioned as provided by paragraph 3, to so much of the net proceeds of the scheme as are apportioned to the authority, and

(b) otherwise, to the net proceeds of the scheme.

Accounts and funds

5 Regulations made by the appropriate national authority may make provision for--

(a) the keeping of accounts relating to trunk road charging schemes, and

(b) the preparation and publication of statements of such accounts.

6 (1) An account relating to a relevant scheme which is not a trunk road charging scheme shall be kept for each financial year by the relevant authority or jointly by the relevant authorities.

(2) A statement of every such account shall be prepared for each financial year by the relevant authority or authorities and published in the annual accounts of the relevant authority, or of each of the relevant authorities, for the financial year.

(3) Regulations made by the appropriate national authority may make--

(a) further provision relating to accounts required to be kept under this paragraph (including provision requiring or allowing the keeping of consolidated accounts relating to more than one relevant scheme), and

(b) further provision relating to the preparation and publication of statements of such accounts.

7 (1) At the end of each financial year any deficit in an account required to be kept under paragraph 6 shall be made good by the relevant authority or authorities.

(2) Any surplus in such an account may (so far as not made available for any purpose in accordance with this Schedule) be applied by the relevant authority or authorities towards making good any amount used to make good a deficit in respect of the account in the ten years immediately preceding the financial year.

(3) So much of any surplus as remains after the application of sub-paragraph (2) shall be carried forward in the account to the next financial year.

(4) A relevant scheme made by more than one authority must make provision specifying or for determining--

(a) the proportion of any deficit which each authority shall make good, and

(b) the proportion of any surplus which each authority may apply in accordance with sub-paragraph (2).

(5) Any deficit required to be made good shall be made good--

(a) in the case of a Welsh county council or county borough council, from its general account,

(b) in the case of Transport for London, from its gross income, and

(c) in the case of any other non-metropolitan local traffic authority or London traffic authority, from its general fund.

Application of proceeds by non-metropolitan local traffic authorities

8 (1) This paragraph applies to a non-metropolitan local traffic authority's share of the net proceeds of any early relevant scheme during the initial period of the scheme.

(2) The share of the net proceeds is available only--

(a) for application by the authority for the purpose of directly or indirectly facilitating the achievement of policies in the authority's local transport plan, or

(b) for application by any authority falling within sub-paragraph (3) selected by the authority whose share it is in accordance with sub-paragraph (4).

(3) The authorities which fall within this sub-paragraph are--

(a) other non-metropolitan local traffic authorities and

(b) London traffic authorities and the Greater London Authority.

(4) A share of the net proceeds of a relevant scheme is applied in accordance with this sub-paragraph if it is applied--

(a) by a non-metropolitan local traffic authority for the purpose of directly or indirectly facilitating the achievement of any policies in its local transport plan, or

(b) by a London traffic authority or the Greater London Authority in accordance with the transport strategy prepared and published under section 142 of the [1999 c. 29.] Greater London Authority Act 1999,

in a way which will benefit the whole or any part of the area of the non-metropolitan local traffic authority whose share it is.

(5) In this paragraph "early relevant scheme" means a relevant scheme which comes into force during the period of ten years beginning with the commencement of this Schedule.

(6) In this paragraph "the initial period", in relation to an early relevant scheme, means--

(a) the period which begins with the date on which the relevant scheme comes into force and ends with the tenth financial year that commences on or after that date, or

(b) such longer period as may be specified in the case of the relevant scheme by the appropriate national authority.

(7) The appropriate national authority may by regulations make provision as to circumstances in which--

(a) the same scheme is to be regarded as continuing in force in spite of a variation of the scheme or the revocation and replacement (with or without modifications) of the scheme, or

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

for the purposes of determining when the initial period begins or expires in the case of a scheme.

9 (1) Except where paragraph 8 applies, a non-metropolitan local traffic authority's share of the net proceeds of a relevant scheme is available to be applied only as may be specified in, or determined in accordance with, regulations made by the appropriate national authority.

(2) Regulations under sub-paragraph (1) may include provision conferring a discretion on any person.

(3) The provision that may be made by regulations under sub-paragraph (1) includes provision for paragraph 8 to apply with the substitution for the number for the time being mentioned in sub-paragraph (5) of that paragraph of a number of years greater than ten.

(4) A share of the net proceeds of a relevant scheme may only be applied in accordance with regulations under sub-paragraph (1) in ways which provide value for money.

(5) Before making any regulations under sub-paragraph (1), the appropriate national authority shall make an assessment of--

(a) the likely amounts of the non-metropolitan local traffic authorities' shares of net proceeds of relevant schemes, and

(b) the potential for applying them in accordance with paragraph 8 in ways which provide value for money.

(6) The appropriate national authority may issue guidance with respect to the appraisal of whether any application by non-metropolitan local traffic authorities for any purpose of their shares of net proceeds of relevant schemes provides value for money; and non-metropolitan local traffic authorities shall, in determining how to apply such shares, have regard to any such guidance.

10 (1) A relevant scheme made by one or more non-metropolitan local traffic authorities must include--

(a) a general plan relating to the application of their shares of the net proceeds of the relevant scheme during the opening ten year period, and

(b) a detailed programme for the application of their shares of the net proceeds of the relevant scheme during the opening transport plan period.

(2) In this Schedule--

(a) "the opening ten year period" means the period which begins with the date on which the relevant scheme comes into force and ends with the tenth financial year that commences on or after that date, and

(b) "the opening transport plan period" means the period which begins with that date and ends at the time by which local transport plans are next required to be replaced.

(3) The order making a scheme shall not come into force unless and until the general plan and detailed programme required by sub-paragraph (1) have been approved by the appropriate national authority.

11 (1) If a relevant scheme made by one or more non-metropolitan local traffic authorities remains in force after the end of the opening transport plan period, the authority or each of the authorities shall include in its local transport plan from the time when it is next replaced (for so long as the scheme remains in force) a detailed programme for the application of its share of the net proceeds of the scheme.

(2) Any programme included in a local transport plan by virtue of sub-paragraph (1) in relation to a relevant scheme prevails over any conflicting provisions in the general plan included in the scheme pursuant to paragraph 10(1)(a).

(3) Except with the consent of the appropriate national authority in any particular case, a non-metropolitan local traffic authority may not apply its share of the net proceeds of a scheme for any purpose (other than making good any amount to the general fund or general account of the relevant authority which made the scheme) in any financial year beginning after the end of the opening plan period unless it is complying with sub-paragraph (1).

Application of proceeds by London traffic authorities

12 (1) The share of the net proceeds of a relevant scheme of a London traffic authority is available only for application in accordance with regulations made by the Secretary of State.

(2) Regulations under sub-paragraph (1) shall provide for--

(a) paragraphs 16 to 24 of Schedule 23 to the [1999 c. 29.] Greater London Authority Act 1999, or

(b) paragraphs 22 to 30 of Schedule 24 to that Act,

to apply in relation to a relevant scheme with any such modifications as the Secretary of State considers appropriate.

(3) Before making regulations under sub-paragraph (1) the Secretary of State shall consult the Greater London Authority.

Application of proceeds by Secretary of State and Assembly

13 (1) In the case of a trunk road charging scheme--

(a) which is made by virtue of paragraph (a) of subsection (2) of section 167, or

(b) which is made by virtue of paragraph (b) of that subsection and comes into force during the period of ten years beginning with the commencement of this Schedule,

the relevant authority's share of the net proceeds is available only for application for the purpose of directly or indirectly facilitating the achievement of any policies or proposals relating to transport.

(2) The appropriate national authority may by regulations make provision for sub-paragraph (1)(b) to apply with the substitution for the number of years for the time being mentioned in it of a number of years greater than ten.

(3) Sub-paragraph (1) applies during the period of ten years beginning with the coming into force of a scheme.

(4) The appropriate national authority may by regulations make provision as to circumstances in which--

(a) the same scheme is to be regarded as continuing in force in spite of a variation of the scheme or the revocation and replacement (with or without modifications) of the scheme, or

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

for the purposes of determining when the period specified in sub-paragraph (3) begins or expires in the case of a scheme.

(5) Except where sub-paragraph (1) applies, the relevant authority's share of the net proceeds of a trunk road charging scheme is available to be applied only as may be specified in, or determined in accordance with, regulations made by the appropriate national authority.

(6) The provision that may be made by regulations under sub-paragraph (5) includes provision for sub-paragraph (3) to apply with the substitution for the number of years for the time being mentioned in it of a number of years greater than ten.

Section 199.

SCHEDULE 13 Amendments of Schedules 23 and 24 to Greater London Authority Act

Road user charging

1 Schedule 23 to the [1999 c. 29.] Greater London Authority Act 1999 (road user charging in Greater London) has effect subject to the following amendments.

2 (1) Paragraph 1 (interpretation) is amended as follows.

(2) In sub-paragraph (1), in the definition of "net proceeds", for the words from ", means" to the end substitute " and a financial year, means the amount (if any) by which--

(a) the amounts received under or in connection with the scheme which are attributable to the financial year, exceed

(b) the expenses incurred for or in connection with the scheme which are so attributable; " .

(3) In that sub-paragraph, after the definition of "prescribed", insert--

" "registered keeper", in relation to a charge imposed in respect of a motor vehicle, means the person in whose name the vehicle was registered under the [1994 c. 22.] Vehicle Excise and Registration Act 1994 at the time of the act, omission, event or circumstances in respect of which the charge is imposed; " .

(4) In that sub-paragraph, in the definition of "regulations", after "means" insert "(except where otherwise provided)".

(5) In that sub-paragraph, in the definition of "traffic sign", for "same meaning as in the [1984 c. 27.] Road Traffic Regulation Act 1984 (see in particular section 64 of that Act)" substitute "meaning given by section 64 of the Road Traffic Regulation Act 1984 but also includes signposts and other signs and notices included in that term by section 71(2) of that Act".

(6) For sub-paragraph (2) substitute--

" (2) For the purposes of this Schedule--

(a) the amounts received under or in connection with a charging scheme, and

(b) the expenses incurred for or in connection with such a scheme,

and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations under this sub-paragraph. "

3 (1) Paragraph 4 (making of charging scheme) is amended as follows.

(2) After paragraph (a) of sub-paragraph (3) insert--

" (aa) require such an authority to publish its proposals for the scheme and to consider objections to the proposals; " .

(3) After paragraph (d) of that sub-paragraph insert--

" (da) require the authority by whom any such order is made to publish notice of the order and of its effect; " .

(4) Omit paragraph (e) of that sub-paragraph.

(5) After that sub-paragraph insert--

" (4) Subsections (2) and (3) of section 250 of the [1972 c. 70.] Local Government Act 1972 (witnesses at local inquiries) apply in relation to any inquiry held by virtue of sub-paragraph (3)(b) above.

(5) Where an inquiry is held by virtue of sub-paragraph (3)(b) above for the purposes of any order containing a charging scheme--

(a) the costs of the inquiry shall be paid by the charging authority; and

(b) the parties at the inquiry shall bear their own costs.

(6) The charging authority may enter any land, and exercise any other powers which may be necessary, for placing and maintaining, or causing to be placed and maintained, traffic signs in connection with the charging scheme. "

4 In sub-paragraph (2) of paragraph 11 (exemptions, reduced rates etc.), after "above" insert "and to paragraphs 4 and 6 above".

5 After that paragraph insert--

" Documents and equipment

11A A charging scheme may require--

(a) documents to be displayed while a motor vehicle is on a road in respect of which charges are imposed; or

(b) equipment to be carried in or fitted to a motor vehicle while it is on such a road. "

6 (1) Paragraph 12 (penalty charges) is amended as follows.

(2) In sub-paragraph (1), for ", notification, payment, adjudication or enforcement" substitute "and payment".

(3) After sub-paragraph (2) insert--

" (3) The Lord Chancellor may make regulations about the notification, adjudication and enforcement of penalty charges. "

7 For paragraph 13 substitute--

" 13 Charges imposed in respect of any motor vehicle by a charging scheme (including penalty charges imposed in respect of any motor vehicle) shall be paid--

(a) by the registered keeper of the motor vehicle; or

(b) in prescribed circumstances, by such person as is prescribed. "

8 In paragraph 14 (installation of equipment), for the words from "install" to "used or" substitute--

" (a) install and maintain, or authorise the installation and maintenance of, any equipment; or

(b) construct and maintain, or authorise the construction and maintenance of, buildings or other structures,

used or " .

9 (1) Paragraph 15 (accounts and funds) is amended as follows.

(2) In sub-paragraphs (1) and (2), for "of their income and expenditure in respect of" substitute "relating to".

(3) In sub-paragraph (3)--

(a) for the words from the beginning to "year, each" substitute "Each", and

(b) for "that year" substitute "each financial year".

(4) After sub-paragraph (4) insert--

" (4A) Regulations may make further provision relating to--

(a) accounts required to be kept under sub-paragraph (1) or (2) above (including provision requiring or allowing the keeping of consolidated accounts relating to more than one charging scheme); and

(b) the preparation and publication of statements of such accounts. "

(5) In sub-paragraph (5)(b), after "account" insert "(after the application of any of the net proceeds in accordance with the following provisions)".

10 (1) Paragraph 25 (offences) is amended as follows.

(2) In sub-paragraph (1)--

(a) insert "or" at the end of paragraph (a), and

(b) omit paragraph (c) and the word "or" before it.

(3) After that sub-paragraph insert--

" (1A) A person who makes or uses any false document with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by a charging scheme or a penalty charge is guilty of an offence. "

(4) In sub-paragraph (2), after "sub-paragraph (1)" insert "or (1A)".

(5) After that sub-paragraph insert--

" (3) A person is guilty of an offence if he removes a penalty charge notice which has been fixed to a motor vehicle in accordance with regulations under paragraph 12 above unless--

(a) he is the registered keeper of the vehicle or a person using the vehicle with his authority; or

(b) he does so under the authority of the registered keeper or such a person or of the charging authority.

(4) A person guilty of an offence under sub-paragraph (3) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale. "

11 (1) Paragraph 26 (examination of motor vehicles etc.) is amended as follows.

(2) In sub-paragraph (1)(b)(iii), for "unlawfully" substitute "with intent to avoid payment of, or being identified as having failed to pay, a charge".

(3) For sub-paragraph (2) substitute--

" (2) Regulations may make provision conferring power on any person authorised in writing by the charging authority to enter a motor vehicle where he has reasonable grounds for suspecting, in relation to a motor vehicle which is on a road, that--

(a) any equipment required to be carried in or fitted to the motor vehicle while it is on a road in respect of which charges are imposed has been interfered with with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by the charging scheme; or

(b) there is in the motor vehicle a false document which has been made or used with intent to avoid payment of, or being identified as having failed to pay, such a charge. "

(4) After that sub-paragraph insert--

" (3) A person who intentionally obstructs a person exercising any power conferred on him by virtue of sub-paragraph (2) above is guilty of an offence.

(4) A person guilty of an offence under sub-paragraph (3) above shall be liable on summary conviction to--

(a) a fine not exceeding level 5 on the standard scale, or

(b) imprisonment for a term not exceeding six months,

or to both.

(5) Regulations may make provision conferring power on any person authorised in writing by the charging authority to seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the commission of an offence under paragraph 25 above. "

12 (1) Paragraph 27 (removal or immobilisation of motor vehicles) shall be renumbered as sub-paragraph (1) of that paragraph and amended as follows.

(2) After paragraph (a) insert--

" (aa) the fixing of immobilisation notices to motor vehicles to which an immobilisation device has been fitted; " .

(3) Insert at the end " ; and

(e) the sale or destruction of motor vehicles not released.

(2) A person who removes or interferes with an immobilisation notice in contravention of provision made by virtue of sub-paragraph (1) above is guilty of an offence.

(3) A person who removes or attempts to remove an immobilisation device fixed to a motor vehicle in accordance with provision made by virtue of sub-paragraph (1) above in contravention of such provision is guilty of an offence.

(4) A person who intentionally obstructs a person exercising any power conferred on him by provision made by virtue of sub-paragraph (1) above is guilty of an offence.

(5) A person guilty of an offence under sub-paragraph (2) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6) A person guilty of an offence under sub-paragraph (3) or (4) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. "

13 In paragraph 28 (determination of disputes and appeals), for "Regulations may" substitute "The Lord Chancellor may by regulations".

14 In paragraph 29(6) (approval of equipment), for the words after "regulations" substitute "under section 176(2) of the Transport Act 2000."

15 In paragraph 30 (evidence), for "Regulations may" substitute "The Lord Chancellor may by regulations".

16 In paragraph 34 (guidance), insert at the end--

" (3) Guidance issued under this paragraph shall be published in such manner as the Authority consider appropriate; and the Authority may at any time vary or revoke such guidance. "

17 After that paragraph insert--

" Information

34A (1) Information obtained by--

(a) any Minister of the Crown or government department, or

(b) any local authority or other statutory body,

may be disclosed to a charging authority for or in connection with the exercise of any of their functions with respect to a charging scheme.

(2) Information obtained by a charging authority for or in connection with any of their functions other than their functions with respect to a charging scheme may be used by the authority for or in connection with the exercise of any of their functions with respect to a charging scheme.

(3) Any information--

(a) which has been or could be disclosed to a charging authority under sub-paragraph (1) above for or in connection with the exercise of any of their functions with respect to a charging scheme, or

(b) which has been or could be used by an authority by virtue of sub-paragraph (2) above for or in connection with the exercise of any of those functions,

may be disclosed to any person with whom the authority has entered into arrangements under paragraph 32(b) above.

(4) Information disclosed to a person under sub-paragraph (3) above--

(a) may be disclosed to any other person for or in connection with the charging scheme; but

(b) may not be used (by him or any other person to whom it is disclosed under paragraph (a) above) otherwise than for or in connection with the charging scheme. "

18 In paragraph 38 (variation and revocation of charging schemes)--

(a) omit ", exercisable in the same manner, and subject to the same conditions and limitations,", and

(b) insert at the end "; and paragraph 4 above (apart from sub-paragraphs (3)(f) and (6)) applies in relation to the variation or revocation of a charging scheme as to the making of a charging scheme."

Workplace parking levy

19 Schedule 24 to the [1999 c. 29.] Greater London Authority Act 1999 (workplace parking levy in Greater London) has effect subject to the following amendments.

20 (1) Paragraph 1 (interpretation) is amended as follows.

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