(1) The Secretary of State may by regulations confer on an STB a power to give directions to a constituent authority about the exercise of transport functions by the authority in the area of the STB.
(2) The power to give a direction by virtue of subsection (1) about the exercise of a function extends only so far as the exercise of the function is relevant to the implementation of the STB's transport strategy.
(3) Regulations under this section conferring a power to direct may include provision—
(a) for the power to be given generally or subject to conditions or limitations;
(b) for the power to apply to all transport functions or only to those functions specified or described in the regulations;
(c) about the manner in which directions are to be given;
(d) about the consequences arising if there is a contravention of a direction.
(4) Provision under subsection (3)(d) may include provision enabling the STB—
(a) to take any steps it considers appropriate to reverse or modify the effect of a constituent authority exercising a transport function in contravention of the direction, and
(b) to recover any reasonable expenses incurred in taking those steps as a civil debt from the constituent authority.
(1) The Secretary of State may by regulations change the boundaries of the area of an STB by—
(a) adding the area of a relevant authority to an existing area of an STB, or
(b) removing the area of a constituent authority from an existing area of an STB.
(2) Regulations under this section may be made—
(a) only if the constituent authorities have together made a proposal to the Secretary of State for the boundaries to be changed in the manner that would be provided for in the regulations;
(b) in the case of regulations under subsection (1)(a), only if the relevant authority whose area would be added to the area of the STB joins in the making of the proposal;
(c) in the case of regulations under subsection (1)(b), only if the resulting area of the STB meets the condition in section 102E(4).
(3) Regulations under this section changing the boundaries of the area of an STB may be made only if the Secretary of State considers that paragraphs (a) and (b) of section 102F(1) would apply in relation to the area as varied by the regulations.
(4) Regulations under this section may be made only with the consent of—
(a) the STB, and
(b) in the case of regulations under subsection (1)(a), the relevant authority whose area would be added to the area of the STB.
(1) An STB may change its name by a resolution in accordance with this section.
(2) The resolution must be considered at a meeting of the STB that is specially convened for the purpose.
(3) Particulars of the resolution must be included in the notice of the meeting.
(4) The resolution must be passed at the meeting by not less than two-thirds of the members of the STB who vote on it.
(5) An STB which changes it name under this section must—
(a) send notice of the change to the Secretary of State, and
(b) publish the notice in such manner as the Secretary of State may direct.
(6) A change of name under this section does not affect the rights or obligations of the STB or any other person, or render defective any legal proceedings.
(7) Any legal proceedings may be commenced or continued as if there had been no change of name.
(1) The Secretary of State may by regulations make incidental, consequential, transitional or supplementary provision for the purposes of, or in consequence of, regulations under this Part or for giving full effect to such regulations.
(2) Regulations under this Part may make different provision for different STBs or otherwise for different purposes.
(3) The provision which may be included by virtue of this section in regulations includes provision for the transfer under the regulations of property, rights and liabilities.
(4) The provision which may be included by virtue of subsection (3) in regulations includes provision—
(a) for the creation or imposition by the Secretary of State of new rights or liabilities in respect of anything transferred under the regulations;
(b) for the management or custody of transferred property;
(c) for bodies to make agreements with respect to any property, income, rights, liabilities and expenses of, and any financial relations between, the parties to the agreement.
(5) The provision which may be included by virtue of this section in regulations includes provision amending, modifying, repealing or revoking any enactment, whenever passed or made.
(6) In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
(1) Regulations under this Part must be made by statutory instrument.
(2) A statutory instrument containing regulations under this Part may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(3) At the same time as laying a draft of a statutory instrument containing regulations under this Part before Parliament, the Secretary of State must lay before Parliament a report explaining the effect of the regulations and why the Secretary of State considers it appropriate to make the regulations.
(4) Subsections (2) and (3) do not apply to a statutory instrument that contains regulations only of the following kinds—
(a) regulations under section 102J that make provision under subsection (4) of that section for a function to be exercisable by an STB for a limited period of time;
(b) regulations under section 102J that make provision under subsection (5)(b) of that section;
(c) regulations under section 102K that make provision under subsection (4) of that section for a function to be exercisable by an STB for a limited period of time;
(d) regulations under section 102K that make provision under subsection (5)(b) of that section;
(e) regulations under section 102O(1) that make provision for the purpose mentioned in section 102O(4)(b);
(f) regulations under section 102O(2) that make provision for that purpose or for imposing conditions on the doing of things for a commercial purpose.
(5) A statutory instrument to which subsections (2) and (3) do not apply is subject to annulment by resolution of either House of Parliament.
(6) If a draft of regulations under this Part would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.
In this Part—
“combined authority” means a body established as a combined authority under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
“constituent authority”, in relation to an STB, has the meaning given by section 102F(4);
“combined county authority” means a body established as a combined county authority under section 9(1) of the Levelling-up and Regeneration Act 2023;
“ITA” means an Integrated Transport Authority for an integrated transport area in England;
“Passenger Transport Executive” means a body which is such an Executive for the purposes of Part 2 of the Transport Act 1968;
“relevant authority” has the meaning given by section 102E(5);
“STB” has the meaning given by section 102E(2);
“transport functions” means any statutory functions relating to transport;
“transport strategy” has the meaning given by section 102I(11);
“unitary district council” means a district council whose area is not part of the area of a county council.
(1) Section 163 of the TA 2000 (charging schemes: preliminary) is amended as follows.
(2) In subsection (3) (authorities by which charging schemes may be made)—
(a) after paragraph (b) insert—
(bb) jointly by an Integrated Transport Authority and one or more eligible local traffic authorities (“a joint local-ITA charging scheme”),
;
(b) for “or” at the end of paragraph (c) substitute—
(cc) jointly by an Integrated Transport Authority, one or more eligible local traffic authorities and one or more London traffic authorities (“a joint ITA-London charging scheme”), or
.
(3) After subsection (4) insert—
(4A) In this Part “eligible local traffic authority” means, in relation to any Integrated Transport Authority for an integrated transport area, a local traffic authority which is a council falling within subsection (4B) for—
(a) an area which lies within the Authority's area,
(b) an area which adjoins the Authority's area,
(c) an area which adjoins an area falling within paragraph (b).
(4B) The councils are—
(a) a county council in England,
(b) a council for a non-metropolitan district comprised in an area for which there is no county council,
(c) a metropolitan district council.
.
104 Local charging schemes to implement policies of ITAs
(1) Section 164 of the TA 2000 (local charging schemes) is amended as follows.
(2) In subsection (2)—
(a) after “A local charging scheme” insert “ which has effect wholly outside an integrated transport area ”;
(b) for “policies in the charging authority's local transport plan” substitute “ local transport policies of the charging authority ”.
(3) After subsection (2) insert—
(3) A local charging scheme which has effect wholly within an integrated transport area may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of local transport policies of—
(a) the charging authority, and
(b) the Integrated Transport Authority for the integrated transport area.
(4) For the purposes of this section and sections 165 and 166—
(a) a charging scheme has effect wholly outside an integrated transport area if none of the roads in respect of which it is made is in such an area;
(b) any reference to a charging scheme which has effect wholly, or partly, within an integrated transport area is to be read accordingly.
.
105 Joint local charging schemes to implement policies of ITAs
(1) Section 165 of the TA 2000 (joint local charging schemes) is amended as follows.
(2) In subsection (2)—
(a) after “A joint local charging scheme” insert “ which has effect wholly outside an integrated transport area ”;
(b) for “policies in the charging authorities' local transport plans” substitute “ local transport policies of the charging authorities ”.
(3) After subsection (2) insert—
(3) A joint local charging scheme which has effect wholly or partly within an integrated transport area may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of local transport policies of—
(a) the charging authorities, and
(b) the Integrated Transport Authority for the integrated transport area.
(4) Section 164(4) has effect for the purposes of this section.
.
After section 165 of the TA 2000 (joint local charging schemes) insert—
Joint local-ITA charging schemes
165A (1) A joint local-ITA charging scheme may only be made—
(a) in respect of roads for which any of the charging authorities are the traffic authority, and
(b) if at least one of the roads in respect of which it is made is within the integrated transport area of the Integrated Transport Authority.
(2) A joint local-ITA charging scheme may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of local transport policies of the charging authorities.
.
107 Joint local-London charging schemes to implement policies of ITAs
(1) Section 166 of the TA 2000 (joint local-London charging schemes) is amended as follows.
(2) In subsection (2)—
(a) after “A joint local-London charging scheme” insert “ which has effect wholly outside an integrated transport area ”;
(b) for “policies in the local transport plan” substitute “ local transport policies ”;
(c) omit “the local transport plans of”.
(3) After subsection (2) insert—
(3) A joint local-London charging scheme which has effect partly within an integrated transport area may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of—
(a) local transport policies of the non-metropolitan local traffic authority, or the non-metropolitan local traffic authorities, by which the scheme is made,
(b) local transport policies of the Integrated Transport Authority for the integrated transport area, and
(c) policies and proposals set out in the transport strategy prepared and published by the Mayor of London under section 142 of the Greater London Authority Act 1999.
(4) Section 164(4) has effect for the purposes of this section.
.
After section 166 of the TA 2000 (joint local-London charging schemes) insert—
Joint ITA-London charging schemes
166A (1) A joint ITA-London charging scheme may only be made—
(a) in respect of roads falling within subsection (2), and
(b) if at least one of the roads in respect of which it is made is within the integrated transport area of the Integrated Transport Authority.
(2) The roads are—
(a) roads for which the eligible local traffic authority, or any of the eligible local traffic authorities, by which the scheme is made are the traffic authority, and
(b) roads in respect of which the London traffic authority, or any of the London traffic authorities, by which the scheme is made may impose charges by a scheme under Schedule 23 to the Greater London Authority Act 1999 without the consent of the Secretary of State.
(3) A joint ITA-London charging scheme may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of—
(a) local transport policies of the eligible local traffic authority, or the eligible local traffic authorities, by which the scheme is made,
(b) local transport policies of the Integrated Transport Authority by which the scheme is made, and
(c) policies and proposals set out in the transport strategy prepared and published by the Mayor of London under section 142 of the Greater London Authority Act 1999.
.
110 Abolition of requirement for confirmation of English schemes
(1) Section 169 of the TA 2000 (confirmation of charging schemes) is amended as follows.
(2) In subsection (1)—
(a) after “A charging scheme under this Part” insert “ which relates wholly or partly to Wales ”;
(b) for “the appropriate national authority” substitute “ the Welsh Ministers ”.
(3) In subsection (2) for “the appropriate national authority” substitute “ the Welsh Ministers ”.
(4) Omit subsection (5).
111 Consultation and inquiries for English schemes
(1) Section 170 of the TA 2000 (charging schemes: consultation and inquiries) is amended as follows.
(2) For subsection (1) substitute—
(1A) Where the charging authority or any of the charging authorities are—
(a) a local traffic authority for an area in England, or
(b) an Integrated Transport Authority,
that authority or those authorities (acting alone or jointly) must consult such local persons, and such representatives of local persons, as they consider appropriate about the charging scheme.
(1B) In subsection (1A)—
“local persons” means any persons who are likely to be affected by, or interested in, the making of the scheme;
“representatives” means any persons who appear to the charging authority or charging authorities to be representative of local persons.
(1C) In any other case, the charging authority or the charging authorities (acting jointly) may, at any time before an order making, varying or revoking a charging scheme under this Part is made, consult such persons as they consider appropriate about the charging scheme, variation or revocation.
.
(3) In subsection (3)—
(a) for “The appropriate national authority” substitute “ The Welsh Ministers ”;
(b) in paragraph (a) after “a charging scheme under this Part” insert “ which relates wholly or partly to Wales ”.
(4) In subsection (4)—
(a) for “The appropriate national authority” substitute “ The Welsh Ministers ”;
(b) in paragraph (a) after “a charging scheme under this Part” insert “ which relates wholly or partly to Wales ”.
(5) Omit subsection (5)(b) and the word “and” preceding it.
(1) In section 171(5) of the TA 2000 (different charges for different cases) after paragraph (e) insert
, and
(f) different methods or means of recording, administering, collecting or paying the charge.
.
(2) In Schedule 23 to the GLA Act 1999 (road user charging) in paragraph 10(4) (the charges)—
(a) after “different charges (which may be no charge) for” insert “ different cases, including (in particular) ”;
(b) after paragraph (e) insert—
(f) different methods or means of recording, administering, collecting or paying the charge.
.
113 Supplementary provision as to charging schemes
(1) Section 172 of the TA 2000 (charging schemes: exemptions etc) is amended as follows.
(2) After subsection (2) insert—
(2A) The appropriate national authority may by regulations—
(a) make provision requiring charging schemes under this Part to provide that in specified circumstances—
(i) persons of a specified description may pay, and
(ii) where those persons so choose, the charging authorities must collect,
the charges imposed by such schemes in a specified manner;
(b) make provision for or in connection with the arrangements to be made by charging authorities with any person for the purpose of enabling charges to be paid, and collected, as mentioned in paragraph (a).
(2B) In subsection (2A) “specified” means specified in the regulations.
.
(3) For subsection (3) substitute—
(3) A road shall not be subject to—
(a) charges imposed by more than one charging scheme under this Part at the same time;
(b) charges imposed by such a charging scheme and a scheme under Schedule 23 to the Greater London Authority Act 1999 at the same time, except with the consent of the Authority.
.
(4) In consequence of the amendments made by subsections (1) to (3), the heading to section 172 becomes “ Charging schemes: supplementary provision as to contents ”.
(5) Schedule 23 to the GLA Act 1999 (road user charging) is amended as follows.
(6) In paragraph 9 (the charging area and the roads), at the end of sub-paragraph (4) insert “ , except with the consent of the Authority. ”.
(7) After paragraph 10 (the charges) insert—
Manner of payment of charges
10A (1) Regulations may—
(a) make provision requiring a charging scheme to provide that in specified circumstances—
(i) persons of a specified description may pay, and
(ii) where those persons so choose, the charging authorities must collect,
the charges imposed by the scheme in a specified manner;
(b) make provision for or in connection with the arrangements to be made by the charging authority with any person for the purpose of enabling charges to be paid, and collected, as mentioned in paragraph (a).
(2) In sub-paragraph (1) “specified” means specified in the regulations.
.
After section 172 of the TA 2000 insert—
Suspension of charging schemes
Suspension of charging schemes
172A (1) The charging authority or the charging authorities (acting jointly) may suspend the operation of a charging scheme under this Part if they consider that it is necessary to do so—
(a) in the event of an emergency, to enable or facilitate any action taken in response to the emergency;
(b) to enable or facilitate a temporary event to take place.
(2) A suspension under this section is for such period as the charging authority or authorities consider necessary—
(a) in the case of an emergency, to enable or facilitate the response to the emergency (but in any event no longer than 30 days);
(b) in the case of a temporary event, to enable or facilitate the event to take place, together with any associated works undertaken before or after it.
(3) A charging scheme may be suspended under this section in whole or in part; and if a scheme is suspended in part that suspension may be in respect of—
(a) any road in respect of which charges are imposed;
(b) any event by reference to the happening of which a charge is imposed;
(c) any class of motor vehicle in respect of which charges are imposed.
(4) The charging authority or authorities must publish a notice of any suspension under this section.
(5) A notice under subsection (4)—
(a) must be published in such manner as the charging authority or authorities consider appropriate to bring the suspension to the attention of all persons who are likely to be affected by it;
(b) must state the period for which the scheme is to be suspended.
(6) In the case of a suspension under subsection (1)(a), the charging authority or authorities—
(a) must keep under review the need for the suspension to continue, and
(b) may increase or reduce the period of the suspension (but they may not increase it so as to suspend the scheme for a period of more than 30 days).
.
(1) In section 173 of the TA 2000 (penalty charges), in subsection (5)(a) after “interferes with any equipment” insert “ , or with the functioning of any equipment, ”.
(2) In section 174 of the TA 2000 (examination, entry, search and seizure)—
(a) in subsection (1)(b) for the words from “or has been interfered with” to the end of the paragraph substitute—
(bb) whether any such equipment, or the functioning of any such equipment, has been interfered with with intent to avoid payment of a charge, or to avoid any person being identified as having failed to pay a charge, or
;
(b) in subsection (2)(a) after “has been interfered with” insert “ , or the functioning of any such equipment has been interfered with, ”;
(c) in subsection (2)(a) and (b) after “to avoid payment of, or” insert “ to avoid any person ”.
(3) Schedule 23 to the GLA Act 1999 (road user charging) is amended as follows.
(4) In paragraph 25(1)(a) (offences) after “interferes with any equipment” insert “ , or with the functioning of any equipment, ”.
(5) In paragraph 26 (examination of motor vehicles etc)—
(a) in sub-paragraphs (1)(b)(iii) and (2)(a) and (b) after “to avoid payment of, or” insert “ to avoid any person ”;
(b) after sub-paragraph (2) insert—
(2A) The references in sub-paragraphs (1)(b)(iii) and (2)(a) to interfering with equipment include references to interfering with the functioning of it.
.
(1) Section 176 of the TA 2000 (equipment etc) is amended as follows.
(2) In subsection (2)—
(a) the words from “approve standards for equipment” to the end of the subsection become paragraph (a) of that subsection;
(b) after paragraph (a) insert
, or
(b) regulate the manner in which such equipment is used.
.
(3) In subsection (3)—
(a) the words from “installed for or in connection with” to the end of the subsection become paragraph (a) of that subsection;
(b) for “subsection (2)” substitute “ subsection (2)(a) ”;
(c) after paragraph (a) insert—
(b) used for or in connection with the operation of such a scheme otherwise than in accordance with regulations under subsection (2)(b).
.
(4) In Schedule 23 to the GLA Act 1999 (road user charging) paragraph 29 (approval of equipment) is amended as follows.
(5) In sub-paragraph (1)—
(a) the words from “the equipment” to the end of the sub-paragraph become paragraph (a);
(b) after paragraph (a) insert
, or
(b) the equipment is used in accordance with directions given by the Authority.
.
(6) After sub-paragraph (3) insert—
(3A) Where the Secretary of State considers that—
(a) directions under sub-paragraph (1)(b) above regarding the use of equipment in connection with a charging scheme are incompatible with regulations under section 176(2)(b) of the Transport Act 2000, 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.
(3B) Where the Secretary of State has given notice under sub-paragraph (3A) above to the Authority, the equipment in question may no longer be used in connection with a charging scheme except with the authorisation of the Secretary of State.
.
(7) In each of sub-paragraphs (4) and (5) after “sub-paragraph (3)” insert “ or (3B) ”.
(8) In consequence of the amendments made by subsections (5) to (7), the heading preceding paragraph 29 becomes “ Approval of equipment and directions for use ”.
117 Power of national authority to require information from charging authorities
(1) After section 177 of the TA 2000 insert—
Power to require information
177A (1) The appropriate national authority may direct a local traffic authority or Integrated Transport Authority to provide it, within a specified period, with specified information connected with any aspect of the performance or proposed performance of their functions under this Chapter.
(2) The information that may be specified in such a direction must be information which the authority have in their possession or can reasonably be expected to acquire.
(3) A direction under this section may be given to two or more authorities or to authorities of a description specified in the direction.
.
(2) In Schedule 23 to the GLA Act 1999 (road user charging) after paragraph 34A (information) insert—
Power to require information
34B (1) The Secretary of State may direct—
(a) Transport for London,
(b) any London borough council, or
(c) the Authority,
to provide the Secretary of State, within a specified period, with specified information connected with any aspect of the performance or proposed performance of their functions under this Schedule.
(2) The information that may be specified in such a direction must be information which the body have in their possession or can reasonably be expected to acquire.
(3) A direction under this section may be given to two or more of the bodies mentioned in sub-paragraph (1) or to such of those bodies as are specified in the direction.
.
(1) Section 194 of the TA 2000 (information) is amended as follows.
(2) In subsection (1) for the words from “the charging authority or licensing authority” to the end of the subsection substitute “ a traffic authority or Integrated Transport Authority for or in connection with the performance or proposed performance of any of their functions under this Part or with respect to a relevant scheme or proposed relevant scheme ”.
(3) For subsection (2) substitute—
(2) Information obtained by a traffic authority or Integrated Transport Authority for or in connection with any of their functions other than functions under this Part may be used by them for or in connection with the performance or proposed performance of any of their functions under this Part or with respect to a relevant scheme or proposed relevant scheme.
.
(4) In subsection (3) (which provides for the disclosure of information and refers to the charging scheme) for “the” in the second place where it occurs substitute “ a ”.
(5) After subsection (4) insert—
(5) The Secretary of State or the Welsh Ministers may charge a reasonable fee in respect of the cost of supplying information under subsection (1) or (3).
(6) Where a traffic authority or Integrated Transport Authority asks the Secretary of State to obtain overseas registration information from an overseas registration authority with a view to the Secretary of State disclosing that information under subsection (1) or (3), the Secretary of State may charge a reasonable fee in respect of the cost of obtaining, or seeking to obtain, the information.
(7) In this section—
“overseas registration authority” means any authority of a country or territory outside the United Kingdom with responsibility under the law of that country or territory for maintaining a register of vehicles;
“overseas registration information” means information derived from particulars contained in a register of vehicles that is maintained by an overseas registration authority;
“relevant scheme” means a charging scheme or licensing scheme under this Part.
.
(6) In Schedule 23 to the GLA Act 1999 (road user charging) paragraph 34A (information) is amended as follows.
(7) In sub-paragraph (1) for the words from “a charging authority” to the end of the sub-paragraph substitute “ Transport for London or a London borough council for or in connection with the performance or proposed performance of any of their functions under this Schedule or with respect to a charging scheme or proposed charging scheme ”.
(8) For sub-paragraph (2) substitute—
(2) Information obtained by Transport for London or a London borough council for or in connection with their functions other than their functions under this Schedule may be used by them for or in connection with the performance or proposed performance of any of their functions under this Schedule or with respect to a charging scheme or proposed charging scheme.
.
(9) After sub-paragraph (4) insert—
(5) The Secretary of State may charge a reasonable fee in respect of the cost of supplying information under sub-paragraph (1) or (3).
(6) Where Transport for London or a London borough council asks the Secretary of State to obtain overseas registration information from an overseas registration authority with a view to the Secretary of State disclosing that information under sub-paragraph (1) or (3), the Secretary of State may charge a reasonable fee in respect of the cost of obtaining, or seeking to obtain, the information.
(7) In this paragraph—
“overseas registration authority” means any authority of a country or territory outside the United Kingdom with responsibility under the law of that country or territory for maintaining a register of vehicles;
“overseas registration information” means information derived from particulars contained in a register of vehicles that is maintained by an overseas registration authority.
.
(1) The Secretary of State may charge a reasonable fee in respect of the cost of supplying information to—
(a) the charging authority, or any of the charging authorities, in relation to a charging scheme made under Part 3 of the Transport (Scotland) Act 2001 (2001 asp 2);
(b) any person with whom such an authority has entered into arrangements under section 61(b) of that Act.
(2) The reference to information in subsection (1) is a reference to information obtained by the Secretary of State in the exercise of any function that relates to reserved matters (within the meaning of the Scotland Act 1998 (c. 46)).
120 London charging schemes: 10 year plan for share
(1) In Schedule 23 to the GLA Act 1999 (road user charging) paragraphs 19 to 24 are amended as follows.
(2) In paragraph 19 (charging authority's 10 year plan for their share of proceeds of scheme) omit sub-paragraphs (3)(a) and (4).
(3) In paragraph 20 (charging authority's 4 year programme for their share)—
(a) omit sub-paragraphs (2)(a), (3) and (4);
(b) in sub-paragraph (5) after “prepared and” insert “ (where so required) ”.
(4) In paragraph 21 (Authority's 10 year plan for the redistributed portion)—
(a) in sub-paragraph (2) omit “and submit to the Secretary of State”;
(b) omit sub-paragraph (4).
(5) In paragraph 22 (Authority's 4 year programmes for the redistributed portion)—
(a) omit sub-paragraph (3);
(b) in sub-paragraph (4) omit “and approved” in both places where those words occur.
(6) In paragraph 23 (non-compliance with paragraph 20 or 22)—
(a) in sub-paragraph (1) after “prepared and” insert “ (where so required) ”;
(b) in sub-paragraph (2) omit “and approved”.
(7) In paragraph 24 (4 year programmes: amendment, replacement and voluntary statements)—
(a) in sub-paragraph (1) after “prepared and” insert “ (where so required) ”;
(b) in paragraph (c) of sub-paragraph (3), omit the words from “and, if approved” to the end;
(c) in sub-paragraph (5)(a) after “prepared and” insert “ (where so required ”;
(d) omit sub-paragraphs (6)(a) and (7);
(e) in sub-paragraph (8) after “prepared and” in both places where those words occur insert “ (where so required) ”;
(f) in sub-paragraph (10)—
(i) after “prepared and” in the first place where those words occur insert “ (where so required) ”;
(ii) omit “prepared and approved” in the second place where those words occur;
(iii) at the beginning of paragraph (a) insert “ prepared and approved ”;
(iv) at the beginning of paragraph (b) insert “ prepared ”.
In Part 1 of Schedule 5 to the Government of Wales Act 2006 (c. 32) (Assembly Measures), in field 10 (highways and transport) insert—
Matter 10.1Provision for and in connection with—
(a) the making, operation and enforcement of schemes for imposing charges in respect of the use or keeping of motor vehicles on Welsh trunk roads;
(b) the application of the proceeds of charges imposed under such schemes towards purposes relating to transport.
This does not include provision about traffic signs, apart from provision about the placing and maintenance of traffic signs within the meaning of section 177 of the Transport Act 2000. Interpretation of this field In this field—
“motor vehicle” has the meaning given in section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of the Road Traffic Acts;
“road” has the same meaning as in the Road Traffic Regulation Act 1984;
“Welsh trunk road” means a road for which the Welsh Ministers are the traffic authority (within the meaning of section 121A of the Road Traffic Regulation Act 1984).
.
(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 the Welsh Ministers for or in connection with the exercise of any of their functions with respect to a Welsh trunk road charging scheme or proposed such scheme.
(2) Any information which has been or could be disclosed to the Welsh Ministers under subsection (1) for or in connection with the exercise of any of their functions with respect to a Welsh trunk road charging scheme may be disclosed to any person with whom the Welsh Ministers have entered into charging scheme arrangements.
(3) Information disclosed to a person under subsection (2)—
(a) may be disclosed to any other person for or in connection with the Welsh trunk road charging scheme, but
(b) may not be disclosed (either by the person to whom it is disclosed under subsection (2) or by any other person to whom it is disclosed under paragraph (a)) otherwise than for or in connection with the scheme.
(4) The Secretary of State may charge a reasonable fee in respect of the cost of supplying information under subsection (1) or (2).
(5) Where the Welsh Ministers ask the Secretary of State to obtain overseas registration information from an overseas registration authority with a view to the Secretary of State disclosing that information under subsection (1) or (2), the Secretary of State may charge a reasonable fee in respect of the cost of obtaining, or seeking to obtain, the information.
(6) In this section—
“charging scheme arrangements” means arrangements made in respect of the operation of a Welsh trunk road charging scheme or relating to the installation or operation of any equipment used for or in connection with the operation of such a scheme;
“overseas registration authority” means any authority of a country or territory outside the United Kingdom with responsibility under the law of that country or territory for maintaining a register of vehicles;
“overseas registration information” means information derived from particulars contained in a register of vehicles that is maintained by an overseas registration authority;
“Welsh trunk road charging scheme” means any scheme made by or under an Act of the National Assembly for Wales, relating to the imposition of charges in respect of the use or keeping of motor vehicles on Welsh trunk roads..
(1) The New Roads and Street Works Act 1991 (c. 22) is amended as follows.
(2) In section 48 (streets, street works and undertakers) after subsection (3) (meaning of “street works”) insert—
(3A) For the purposes of subsection (3), the works that are street works by virtue of being works required for or incidental to street works of any particular kind include—
(a) reinstatement of the street, and
(b) where an undertaker has failed to comply with his duties under this Part with respect to reinstatement of the street, any remedial works.
.
(3) In section 50 (street works licences) after subsection (1) (power to grant a licence to do certain works) insert—
(1A) For the purposes of subsection (1), the works that are required for or incidental to works falling within paragraph (a) or (b) of that subsection include—
(a) reinstatement of the street, and
(b) where an undertaker has failed to comply with his duties under this Part with respect to reinstatement of the street, any remedial works.
.
125 Vehicles authorised to be used under operator's licence
(1) In section 5 of the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) (vehicles authorised to be used under operator's licence)—
(a) in subsection (6), for “a prescribed fee” substitute “ the prescribed fee (if any) ”;
(b) in subsection (7), after “the prescribed fee” insert “ (if any) ”.
(2) Section 263 of the TA 2000 (addition of specified vehicles to operator's licence) is amended as follows.
(3) In the subsection (6) that is to be substituted for section 5(6) of the Goods Vehicles (Licensing of Operators) Act 1995—
(a) in the opening words, after “is not authorised to be used under that licence by virtue of subsection (1)” insert “ on or after the relevant day ”;
(b) in paragraph (b), for “a prescribed fee” substitute “ the prescribed fee (if any) ”.
(4) After that subsection insert—
(6A) For the purposes of subsection (6) “the relevant day” is the latest of the following days—
(a) the day on which the vehicle was first in the lawful possession of the licence holder,
(b) the day on which the licence came into force,
(c) if a day not more than one month after the later of those days is prescribed for the purpose, the day so prescribed.
.
126 Vehicles used without operator's licence: power to return detained vehicles
(1) Schedule 1A to the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) (detention of vehicles used without operator's licence) is amended as follows.
(2) For paragraph 8 (power to make regulations for return of detained vehicle) substitute—
8 Regulations may make provision authorising a vehicle detained by virtue of paragraph 2 to be returned to the owner, in prescribed circumstances, without the need for any application under paragraph 9.
.
127 Civil enforcement of traffic contraventions: meaning of “local authority”
(1) Part 6 of the Traffic Management Act 2004 (c. 18) (civil enforcement of traffic contraventions) is amended as follows.
(2) In section 76 (civil enforcement officers) at the end insert—
(6) In this section “local authority” includes a non-metropolitan district council.
.
(3) In section 85 (prohibition of double parking) at the end insert—
(9) In this section “local authority” includes a non-metropolitan district council.
.
(4) In section 86 (prohibition of parking at dropped footways etc) at the end insert—
(10) In this section “local authority” includes a non-metropolitan district council.
.
(5) In section 87 (guidance to local authorities) at the end insert—
(3) In this section “local authority” includes a non-metropolitan district council.
.
129 Disclosure of information relating to foreign-registered vehicles
After section 49 of the Road Safety Act 2006 (c. 49) (disclosure to foreign authorities of licensing and registration information) insert—
Disclosure of information relating to foreign-registered vehicles
49A (1) The Secretary of State may disclose information to which subsection (2) applies to any person or body referred to in subsection (3) (subject to any restrictions mentioned in relation to the person or body).
(2) This subsection applies to information that—
(a) is derived from particulars contained in a register of vehicles that is maintained in a country or territory outside the United Kingdom, and
(b) has been obtained by the Secretary of State from the authority or authorities of that country or territory with responsibility under the law of that country or territory for maintaining the register.
(3) The persons and bodies are—
(a) a local authority, where the disclosure is made for any purpose connected with the investigation of—
(i) an offence, or
(ii) a road traffic contravention;
(b) Transport for London, where the disclosure is made for such a purpose;
(c) the Department of the Environment in Northern Ireland, where the disclosure is made for any purpose connected with the investigation of an offence;
(d) the Department for Regional Development in Northern Ireland, where the disclosure is made for any purpose connected with the investigation of a road traffic contravention;
(e) the chief officer of police of a police force in England and Wales;
(f) the chief constable of a police force maintained under the Police (Scotland) Act 1967;
(g) a member of the Police Service of Northern Ireland;
(h) an officer of Revenue and Customs;
(i) an inspector of taxes, where the disclosure is made for any purpose connected with any tax liability to which a person is or may be subject, or the amount of any such liability;
(j) a person who the Secretary of State is satisfied has reasonable cause for seeking disclosure of the information.
(4) The Secretary of State may charge a reasonable fee in respect of the cost of—
(a) obtaining, or seeking to obtain, information falling within subsection (2)(a);
(b) supplying information under subsection (1).
(5) Nothing in this section affects any other power of the Secretary of State to disclose information.
(6) In this section—
“local authority” means—
a county council in England;
a metropolitan district council;
a non-metropolitan district council for an area for which there is no county council;
a London borough council;
the Common Council of the City of London;
the Council of the Isles of Scilly;
a county council or county borough council in Wales;
a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
“road traffic contravention” means—
in relation to England and Wales, any contravention falling within Schedule 7 to the Traffic Management Act 2004;
in relation to Scotland, any act or omission that would have been an offence but for paragraph 1(4) or (as the case may be) 2(4) of Schedule 3 to the Road Traffic Act 1991 (control of parking in permitted and special parking areas);
in relation to Northern Ireland, any contravention falling within Schedule 1 to the Traffic Management (Northern Ireland) Order 2005 (2005 No. 1964 (N.I. 14));
“tax” has the meaning given by section 118(1) of the Taxes Management Act 1970.
.
130 Use of information relating to foreign-registered vehicles
After section 49A of the Road Safety Act 2006 (c. 49) insert—
Use of information relating to foreign-registered vehicles
49B (1) The Secretary of State may use information to which section 49A(2) applies for any of the purposes referred to in subsection (2).
(2) The purposes are—
(a) to check the accuracy of information which has been obtained under regulations made by virtue of section 22A(2) of the Vehicle Excise and Registration Act 1994 (vehicle identity checks);
(b) to check the accuracy of records maintained by the Secretary of State in connection with any functions exercisable by the Secretary of State under or by virtue of that Act;
(c) to check the accuracy of records maintained, or caused to be maintained, under section 45(6B) or 49(3A) of the Road Traffic Act 1988 (records of examinations of goods and other vehicles);
(d) to promote compliance with section 47 or 53 of that Act (obligatory test certificates for goods and other vehicles);
(e) where appropriate, to amend or supplement any information mentioned in the foregoing provisions of this subsection or information contained in any records so mentioned;
(f) to trace a non-resident parent (within the meaning of the Child Support (Information, Evidence and Disclosure) Regulations 1992 (S.I. 1992/1812)).
.
In this Act—
“the TA 1968” means the Transport Act 1968 (c. 73);
“the PPVA 1981” means the Public Passenger Vehicles Act 1981 (c. 14);
“the TA 1985” means the Transport Act 1985 (c. 67);
“the GLA Act 1999” means the Greater London Authority Act 1999 (c. 29);
“the TA 2000” means the Transport Act 2000 (c. 38).
(1) Subject to subsections (2) and (3), this Act extends to England and Wales only.
(2) The following provisions also extend to Scotland—
(a) sections 1 to 6;
(b) section 47 and Schedule 3;
(c) sections 53 and 54(1) to (7);
(d) sections 55 and 56;
(e) sections 57 to 61;
(f) section 68(1) and (2);
(g) section 72;
(h) section 74;
(i) section 119;
(j) section 122;
(k) section 125;
(l) section 126;
(m) section 128;
(n) sections 129 and 130;
(o) sections 132, 134, 135 and this section;
(p) the repeals in Part 3 of Schedule 7 relating to sections 22 and 23 of the TA 1985, and section 131 so far as relating to those repeals.
(3) The following provisions also extend to Northern Ireland—
(a) section 122;
(b) sections 129 and 130;
(c) sections 132, 134, 135 and this section.
(1) The following provisions of this Act come into force on the day on which this Act is passed—
(a) section 77(10);
(b) this Part, other than section 131 and Schedule 7;
(c) any power under or by virtue of this Act to make regulations or an order.
(2) Sections 55, 56, 122, 123, 124 and 127 come into force at the end of the period of 2 months beginning with the day on which this Act is passed.
(3) Subject to subsection (4), the other provisions of this Act come into force on an appointed day.
(4) Any repeal in Schedule 7 (and section 131 so far as relating to the repeal) comes into force in the same way as the provisions of this Act to which the repeal relates.
(5) In this section “appointed day” means such day or days as the Secretary of State may by order made by statutory instrument appoint.
(6) The power conferred by subsection (5) is exercisable as respects Wales by the Welsh Ministers (and not the Secretary of State) in relation to—
(a) Part 2;
(b) Part 3;
(c) in Part 4, sections 64, 65(1), 68 to 71 and 75;
(d) in Part 6, the amendments of the TA 2000.
(7) An order under subsection (5)—
(a) may appoint different days for different purposes;
(b) may make incidental, consequential, supplemental or transitional provision or savings.
Section 7
1 The TA 2000 is amended as follows.
Quality contracts schemes
2 (1) Section 124 is amended as follows.
(2) In subsection (1A)(c) for “local transport plan” substitute “ local transport policies ”.
(3) Omit subsection (10).
Joint and through ticketing schemes
3 (1) Section 135 is amended as follows.
(2) In subsection (1) for paragraph (b) substitute—
(b) would contribute to the implementation of their local transport policies.
.
Information about bus services
4 (1) Section 139 is amended as follows.
(2) In subsection (1) for “local transport plan” substitute “ local transport policies ”.
Local licensing schemes
5 (1) Section 179 is amended as follows.
(2) In subsection (2) for “policies in the licensing authority's local transport plan” substitute “ local transport policies of the licensing authority ”.
Joint local licensing schemes
6 (1) Section 180 is amended as follows.
(2) In subsection (2) for “policies in the licensing authorities' local transport plans” substitute “ local transport policies of the licensing authorities ”.
Joint local-London licensing schemes
7 (1) Section 181 is amended as follows.
(2) In subsection (2)(a)—
(a) for “policies in the local transport plan” substitute “ local transport policies ”;
(b) omit “the local transport plans of”.
Financial provisions relating to road user charging and workplace parking levy
8 (1) Schedule 12 is amended as follows.
(2) In paragraph 8 (application of proceeds)—
(a) in sub-paragraph (2)(a) for “policies in the authority's local transport plan” substitute “ local transport policies of the authority ”;
(b) in sub-paragraph (4)(a) for “any policies in its local transport plan” substitute “ any of its local transport policies ”.