(1) In this Part—
“advanced quality partnership scheme” is to be construed in accordance with section 113C(2),
“advanced ticketing scheme” is to be construed in accordance with section 134C(3),
“appropriate national authority”, in relation to a quality partnership scheme, a quality contracts scheme or a ticketing scheme, means—
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the National Assembly for Wales, as respects a scheme relating to an area in Wales, or
the Secretary of State and the National Assembly for Wales acting jointly, as respects a scheme relating to an area in England and Wales,
“bus services” means services using public service vehicles,
“community bus permit” means a permit under section 22 of the Transport Act 1985,
“connecting rail or tram service”—
in relation to an advanced ticketing scheme, has the meaning given by section 134C(3), and
in relation to a ticketing scheme, has the meaning given in section 135(5),
“council in Scotland” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994,
“disabled person” has the meaning given in section 146,
“effective time”, in relation to a local service contract, has the meaning given by section 123J(7),
“elderly person” has the meaning given in section 146,
“eligible service” has the meaning given in section 146,
“enhanced partnership plan” and “enhanced partnership scheme” have the meaning given by section 138A,
“exempt continuation proposal” is to be read in accordance with section 131B,
“franchising authority” has the meaning given by section 123A(4),
“franchising scheme” is to be construed in accordance with section 123A(3),
“half-price travel concession” has the meaning given in section 146,
“interim service” has the meaning given by section 123O,
“local highway authority” has the meaning given in section 329(1) of the Highways Act 1980,
“local service contract” has the meaning given by section 123A(5),
“local transport authority” has the meaning given in section 108(4),
“local transport policies” has the meaning given in section 108(5),
“London authority” has the meaning given in section 146,
“London transport authority” means the Greater London Authority, a London borough council or the Common Council of the City of London,
“mayoral CCA” has the meaning given by section 27(8) of the Levelling-up and Regeneration Act 2023;
“mayoral combined authority” has the meaning given by section 107A of the Local Democracy, Economic Development and Construction Act 2009,
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“non-mayoral CCA” means a combined county authority that is not a mayoral CCA,
“non-mayoral combined authority” means a combined authority that is not a mayoral combined authority,
“quality contract” has the meaning given in section 124(4),
“quality contracts scheme” is to be construed in accordance with section 124(3),
“quality partnership scheme” is to be construed in accordance with section 114(2),
“railway” and “tramway” have the meanings given in section 67(1) of the Transport and Works Act 1992,
“relevant time” has the meaning given in section 146,
“scheme sub-area” has the meaning given by section 123H,
“service permit” has the meaning given by section 123P,
“ticketing scheme” is to be construed in accordance with section 135(3),
“traffic regulation order” means an order under the Road Traffic Regulation Act 1984 or any other enactment (other than this Act) regulating the use of roads or other places by public service vehicles, and
“travel concession authority” has the meaning given in section 146.
(2) In this Part the expressions listed below have the same meaning as in the Public Passenger Vehicles Act 1981—
“fares”,
“modification”,
“public service vehicle”,
“PSV operator’s licence”,
“road”, and
“traffic commissioner”.
(3) In this Part the expressions listed below have the same meaning as in the Transport Act 1985—
“local service”,
“public passenger transport services”,
“stopping place”, and
“traffic area”.
(4) Where a reference to an authority in any of the following provisions is to an Integrated Transport Authority, it is to be construed as a reference to the Passenger Transport Executive for the integrated transport area concerned; and where a reference to authorities in any of those provisions is to one or more Integrated Transport Authorities, it is to be construed as a reference to the Passenger Transport Executive or Executives for the integrated transport area or areas concerned—
section 114(2)(a),
section 116(2)(a), (4)(a), (4A)(a) and, in the second place, (4C),
section 118(1) and (2),
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section 139(5), and
section 140.
(4A) Where a reference to an authority in any of the following provisions is to an Integrated Transport Authority, it is to be construed as including a reference to the Passenger Transport Executive for the integrated transport area concerned—
section 153(2)(a),
in Schedule 10, paragraph 17(5)(b) and (8).
(5) References in this Part to Integrated Transport Authorities and Passenger Transport Executives and to integrated transport areas are references respectively to the Integrated Transport Authorities and Passenger Transport Executives, and to integrated transport areas, for the purposes of Part II of the Transport Act 1968.
(5A) In this Part “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.
(5B) In this Part “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) References in this Part to the operator of a passenger transport service of any description are to be construed in accordance with section 137(7) of the Transport Act 1985.
(1) In this Part “ch.arging scheme” means a scheme for imposing charges in respect of the use or keeping of motor vehicles on roads.
(2) Charges imposed in respect of any motor vehicle by a charging scheme under this Part shall be paid—
(a) by the registered keeper of the motor vehicle, or
(b) in circumstances specified in regulations made by the appropriate national authority, by such person as is so specified.
(3) A charging scheme may be made—
(a) by a non-metropolitan local traffic authority (“a local charging scheme”),
(b) jointly by more than one non-metropolitan local traffic authority (“a joint local charging scheme”),
(bb) jointly by an Integrated Transport Authority , combined authority or combined county authority and one or more eligible local traffic authorities (“a joint local-ITA charging scheme”),
(c) jointly by one or more non-metropolitan local traffic authorities and one or more London traffic authorities (“a joint local-London charging scheme”),
(cc) jointly by an Integrated Transport Authority , combined authority or combined county authority, one or more eligible local traffic authorities and one or more London traffic authorities (“a joint ITA-London charging scheme”), or
(d) by the Secretary of State or the National Assembly for Wales (“a trunk road charging scheme”).
(4) In this Part references to a non-metropolitan local traffic authority are to a local traffic authority for an area outside Greater London.
(4A) In this Part “eligible local traffic authority” means, in relation to any Integrated Transport Authority for an integrated transport area , combined authority or combined county authority, 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.
(5) In this Part—
(a) “the charging authority”, in relation to a charging scheme under this Part made or proposed to be made by one authority, means the authority by which the charging scheme is or is proposed to be made, and
(b) “the charging authorities”, in relation to a charging scheme under this Part made or proposed to be made jointly by more than one authority, means the authorities by which the charging scheme is or is proposed to be made.
(5A) In this Part “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.
(5B) In this Part “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
(6) The power to make joint local-London charging schemes and joint ITA-London charging schemes conferred by this Part does not limit any of the powers in Schedule 23 to the Greater London Authority Act 1999 (road user charging in Greater London).
(1) A local charging scheme may only be made in respect of roads for which the charging authority are the traffic authority.
(2) A local charging scheme which has effect wholly outside an integrated transport area , the area of a combined authority or the area of a combined county authority 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 authority.
(3) A local charging scheme which has effect wholly within an integrated transport area , the area of a combined authority or the area of a combined county authority 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 or (as the case may be) the combined authority or combined county authority.
(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.
(1) A joint local charging scheme may only be made in respect of roads for which any of the charging authorities are the traffic authority.
(2) A joint local charging scheme which has effect wholly outside an integrated transport area , the area of a combined authority or the area of a combined county authority 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.
(3) A joint local charging scheme which has effect wholly or partly within an integrated transport area , the area of a combined authority or the area of a combined county authority 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 or (as the case may be) the combined authority or combined county authority.
(4) Section 164(4) has effect for the purposes of this section.
(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 or (as the case may be) the area of the combined authority or combined county 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.
(1) A joint local-London charging scheme may only be made in respect of—
(a) roads for which the non-metropolitan local traffic authority, or any of the non-metropolitan local traffic authorities, by which it 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 it 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.
(2) A joint local-London charging scheme which has effect wholly outside an integrated transport area , the area of a combined authority or the area of a combined county authority 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 it is made, and
(b) 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.
(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 or (as the case may be) the area of the combined authority or combined county 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 , combined authority or combined county 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.
(1) A trunk road charging scheme may only be made—
(a) by the Secretary of State in respect of roads for which he or a strategic highways company is the traffic authority, or
(b) by the National Assembly for Wales in respect of roads for which it is the traffic authority.
(2) A trunk road charging scheme under subsection (1)(a) may only be made in respect of a road if—
(a) the road is carried by a bridge, or passes through a tunnel, of at least 600 metres in length, or
(b) a local traffic authority , an Integrated Transport Authority, a combined authority , a combined county authority or Transport for London has requested the charging authority to make the trunk road charging scheme in connection with a charging scheme under this Part, or a scheme under Schedule 23 to the Greater London Authority Act 1999, made or proposed by them.
(3) A trunk road charging scheme under subsection (1)(b) may only be made in respect of a road if—
(a) the road is carried by a bridge, or passes through a tunnel, of at least 600 metres in length,
(b) the scheme is made for the purpose of reducing or limiting air pollution in the vicinity of the road (which may comprise or include a length of road of the kind described in paragraph (a)), or
(c) a local traffic authority have requested the charging authority to make the scheme in connection with a charging scheme under this Part made or proposed by them.
(4) Subsection (3)(b) does not prevent a scheme made by virtue of subsection (3)(c) from being made for the purpose of reducing or limiting air pollution.
(1) A charging scheme under this Part is made by order of the charging authority or of the charging authorities (acting jointly).
(2) The charging authority or the charging authorities (acting jointly) may by order vary a charging scheme under this Part and the charging authority or any of the charging authorities may by order revoke such a scheme; but where a trunk road charging scheme is made at the request of a local traffic authority , an Integrated Transport Authority, a combined authority , a combined county authority or Transport for London, it shall not be varied or revoked unless the local traffic authority or the Integrated Transport Authority, the Integrated Transport Authority , the combined authority or the combined county authority, or Transport for London, have been consulted about its variation or revocation.
(3) The appropriate national authority may make regulations about orders making, varying or revoking charging schemes under this Part, including (in particular)—
(a) provision specifying the form of orders,
(b) provision about the publication of proposals for orders making or varying such charging schemes and the making and consideration of objections to such proposals, and
(c) provision about the publication of notice of orders and of their effect.
(4) Before making regulations under subsection (3) which relate to joint local-London charging schemes or joint ITA-London charging schemes the Secretary of State shall consult the Greater London Authority about the regulations so far as they so relate.
(1) A charging scheme under this Part which relates wholly or partly to Wales, other than a trunk road charging scheme, shall not come into force unless the order making it has been submitted to and confirmed by the Welsh Ministers; and a variation of such a charging scheme shall not take effect until the order making the variation has been so submitted and confirmed.
(2) Subsection (1) does not apply in such circumstances as may be specified in or determined in accordance with regulations made by the Welsh Ministers.
(3) A joint local-London charging scheme or joint ITA-London charging scheme shall not come into force unless the order making it has been submitted to and confirmed by the Greater London Authority; and a variation or revocation of such a charging scheme shall not take effect until the order making the variation or revocation has been so submitted and confirmed.
(4) Where confirmation of an order is required by this section, the order may be confirmed with or without modifications.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 , a combined authority or a combined county 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.
(2) The charging authority or the charging authorities (acting jointly)—
(a) may cause an inquiry to be held in relation to a charging scheme under this Part, or the variation or revocation of such a scheme, and
(b) may appoint the person or persons by whom such an inquiry is to be held.
(3) The Welsh Ministers may at any time—
(a) before an order making or varying a charging scheme under this Part which relates wholly or partly to Wales (other than a trunk road charging scheme) is made, or
(b) (where such an order has to be confirmed) before it is confirmed,
consult other persons, or require the charging authority or authorities to consult other persons, about the charging scheme or variation.
(4) The Welsh Ministers —
(a) may cause an inquiry to be held in relation to a charging scheme under this Part which relates wholly or partly to Wales (other than a trunk road charging scheme) or the variation of such a scheme, and
(b) may appoint the person or persons by whom such an inquiry is to be held.
(5) In the case of a joint local-London charging scheme or joint ITA-London charging scheme —
(a) the Greater London Authority may, at any time before an order making, varying or revoking the charging scheme is confirmed by that Authority, consult other persons, or require the charging authorities to consult other persons, about the charging scheme, variation or revocation, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Subsections (2) and (3) of section 250 of the Local Government Act 1972 (witnesses at local inquiries) apply in relation to any inquiry held by virtue of this section.
(7) Where an inquiry is held by virtue of this section in relation to a charging scheme, or the variation or revocation of such a scheme, the costs of the inquiry shall be paid—
(a) in the case of a trunk road charging scheme made by virtue of section 167(2)(b) or (3)(c), by the local traffic authority , Integrated Transport Authority , combined authority or combined county authority which requested the making of the scheme (or Transport for London, if it did), and
(b) in any other case, by the charging authority or authorities;
and the parties at the inquiry shall bear their own costs.
(1) A charging scheme under this Part must—
(a) designate the roads in respect of which charges are imposed,
(b) specify or describe the events by reference to the happening of which a charge is imposed in respect of a motor vehicle being used or kept on a road,
(c) specify the classes of motor vehicles in respect of which charges are imposed,
(d) specify the charges imposed, and
(e) state whether or not the charging scheme is to remain in force indefinitely and, if it is not to remain in force indefinitely, the period for which it is to remain in force.
(2) Subject to sections 164 to 167 and to any modifications made by virtue of section 169, the designation of the roads in respect of which charges are imposed by a charging scheme under this Part shall be such as the charging authority or authorities may determine.
(3) Any charge imposed by a charging scheme under this Part in respect of the keeping of a motor vehicle on a road must also have effect in respect of the use of the motor vehicle on that road.
(4) A charging scheme under this Part may make provision in relation to the manner in which charges are to be made, collected, recorded and paid.
(5) The charges that may be imposed by a charging scheme under this Part include different charges (which may be no charge) for different cases, including (in particular)—
(a) different days,
(b) different times of day,
(c) different roads,
(d) different distances travelled, and
(e) different classes of motor vehicles , and
(f) different methods or means of recording, administering, collecting or paying the charge.
(6) In setting the charges imposed by a charging scheme under this Part, regard may be had to the purposes for which any of the net proceeds of the charging scheme may be applied (in accordance with Schedule 12).
(7) A charging scheme under this Part may contain provision requiring—
(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.
172 Charging schemes: supplementary provision as to contents
(1) The appropriate national authority may make regulations requiring charging schemes under this Part to contain provision for or in connection with—
(a) exemptions from charges,
(b) the application of reduced rates of charges, or
(c) the imposition of limits on the charges payable.
(2) Subject to regulations under subsection (1) and to section 169(1) and (3), a charging scheme under this Part may contain provision of any of the descriptions specified in that subsection.
(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) 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) A road shall not be subject to charges under a charging scheme under this Part if tolls are charged in respect of the use of the road.
(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) The appropriate national authority may by regulations make provision for or in connection with the imposition and payment of charges (“charging scheme penalty charges”) in respect of acts, omissions, events or circumstances relating to or connected with charging schemes under this Part.
(2) The regulations may include provision for or in connection with setting the rates of charging scheme penalty charges (which may include provision for discounts or surcharges).
(3) Charging scheme penalty charges in respect of any motor vehicle shall be paid—
(a) by the registered keeper of the motor vehicle, or
(b) in circumstances specified in regulations made by the appropriate national authority, by such person as is so specified.
(4) The Lord Chancellor may make regulations about the notification, adjudication and enforcement of charging scheme penalty charges.
(5) A person commits an offence if with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by a charging scheme under this Part—
(a) he interferes with any equipment , or with the functioning of any equipment, used for or in connection with charging under the charging scheme, or
(b) he causes or permits the registration plate of a motor vehicle to be obscured.
(6) A person commits an offence if he makes or uses any false document with intent to avoid payment of, or being identified as having failed to pay, charges imposed by a charging scheme under this Part or charging scheme penalty charges.
(7) A person commits an offence if he removes a notice of a charging scheme penalty charge which has been fixed to a motor vehicle in accordance with regulations under this section 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 or any of the charging authorities.
(8) A person guilty of an offence under subsection (5) or (6) is 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.
(9) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(1) The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer powers on persons specified in, or determined in accordance with, the regulations for or in connection with examining a motor vehicle for ascertaining—
(a) whether any document required to be displayed while the motor vehicle is on a road in respect of which charges are imposed is so displayed,
(b) whether any equipment required to be carried in or fitted to the motor vehicle while the motor vehicle is on such a road is carried or fitted, is in proper working order
(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
(c) whether any conditions relating to the use of any such equipment are satisfied.
(2) The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer power on any person authorised in writing by the charging authority, or any of the charging authorities, to enter a motor vehicle where he has reasonable grounds for suspecting that—
(a) any equipment required to be carried in or fitted to it while it is on a road in respect of which charges are imposed has been interfered with , or the functioning of any such equipment has been interfered with, with intent to avoid payment of, or to avoid any person 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 to avoid any person being identified as having failed to pay, such a charge.
(3) A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by a charging scheme under this Part by virtue of subsection (2).
(4) A person guilty of an offence under subsection (3) is 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) The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer power on any person authorised in writing by the charging authority, or any of the charging authorities, to seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the commission of an offence under section 173(5) or (6).
(6) A charging scheme under this Part may not authorise an examination of, or entry into, a motor vehicle unless it is on a road.
(1) The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to make provision for or in connection with—
(a) the fitting of immobilisation devices to motor vehicles,
(b) the fixing of immobilisation notices to motor vehicles to which an immobilisation device has been fitted,
(c) the removal and storage of motor vehicles,
(d) the release of motor vehicles from immobilisation devices or from storage,
(e) the satisfaction of conditions before the release of a motor vehicle, and
(f) the sale or destruction of motor vehicles not released.
(2) A person commits an offence if he removes or interferes with an immobilisation notice fixed to a motor vehicle in accordance with provision included in a charging scheme under this Part by virtue of subsection (1) in contravention of such provision.
(3) A person commits an offence if he removes or attempts to remove an immobilisation device fitted to a motor vehicle in accordance with provision included in a charging scheme under this Part by virtue of subsection (1) in contravention of such provision.
(4) A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by provision included in a charging scheme under this Part by virtue of subsection (1).
(5) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(6) A person guilty of an offence under subsection (3) or (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(7) In this section “immobilisation device” has the same meaning as in section 104 of the Road Traffic Regulation Act 1984.
(8) A charging scheme under this Part may not authorise or require the fitting of an immobilisation device to, or the removal of, a motor vehicle unless it is on a road.
(1) The charging authority, or any of the charging authorities, in relation to a charging scheme under this Part may—
(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, any buildings or other structures,
used or to be used for or in connection with the operation of a charging scheme under this Part.
(1A) In relation to a charging scheme under section 167 (trunk road charging schemes), a strategic highways company may—
(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, any buildings or other structures,
used or to be used for or in connection with the operation of a charging scheme under that section.
(2) The appropriate national authority may by regulations—
(a) approve standards for equipment installed, or authorised to be installed, by charging authorities for or in connection with the operation of charging schemes under this Part , or
(b) regulate the manner in which such equipment is used.
(3) No equipment may be—
(a) installed for or in connection with the operation of a charging scheme under this Part if it is incompatible with a standard approved under subsection (2)(a).
(b) used for or in connection with the operation of such a scheme otherwise than in accordance with regulations under subsection (2)(b).
(1) The appropriate national authority may direct the charging authority, or any of the charging authorities, in relation to a charging scheme under this Part (other than a trunk road charging scheme) to place and maintain traffic signs, or cause traffic signs to be placed and maintained, in connection with the scheme.
(2) In the case of a joint local-London charging scheme or joint ITA-London charging scheme the Greater London Authority may also exercise the power conferred by subsection (1); but any direction under this subsection shall not have effect if and to the extent that it is inconsistent with a direction under subsection (1).
(3) The appropriate national authority may direct any local traffic authority to place and maintain traffic signs, or cause traffic signs to be placed and maintained, in connection with a trunk road charging scheme.
(3A) The Secretary of State may direct a strategic highways company to place and maintain traffic signs, or cause traffic signs to be placed and maintained, in connection with a trunk road charging scheme.
(4) An authority or a strategic highways company which is or could be given a direction under this section may enter any land, and exercise any other powers which may be necessary, for placing and maintaining traffic signs, or causing traffic signs to be placed and maintained, in connection with any charging scheme in respect of which a direction is or could be given.
(5) A direction under this section shall be given in writing and may be varied or revoked by the authority by which it was given.
(6) In this section “traffic signs” has the 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.
(1) The appropriate national authority may direct a local traffic authority or Integrated Transport Authority, Integrated Transport Authority , combined authority or combined county 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.
(1) In this Part “licensing scheme” means a scheme for imposing charges in respect of the provision of workplace parking places at premises in the area covered by the scheme to be paid on licences covering the provision of a maximum number of such parking places at the premises.
(2) Charges imposed in respect of any premises by a licensing scheme under this Part shall be paid—
(a) by the occupier of the premises, or
(b) in circumstances specified in regulations made by the appropriate national authority, by such person as is so specified.
(3) In this Part “licence” means a licence under a licensing scheme under this Part.
(4) A licence relating to premises must cover the provision at the premises of the number of workplace parking places requested by the applicant for the licence; and in this Part “licensed unit”, in relation to a licence relating to premises, means each unit comprised in the maximum number of workplace parking places which may be provided at the premises under the cover of the licence.
(5) A licensing scheme may be made—
(a) by a non-metropolitan local traffic authority (“a local licensing scheme”),
(b) jointly by more than one non-metropolitan local traffic authority (“a joint local licensing scheme”), or
(c) jointly by one or more non-metropolitan local traffic authorities and one or more London traffic authorities (“a joint local-London licensing scheme”).
(6) In this Part—
(a) “the licensing authority”, in relation to a licensing scheme under this Part made or proposed to be made by one authority, means the authority by which the licensing scheme is or is proposed to be made, and
(b) “the licensing authorities”, in relation to a licensing scheme under this Part made or proposed to be made jointly by more than one authority, means the authorities by which the licensing scheme is or is proposed to be made.
(7) The power to make joint local-London licensing schemes conferred by this Part does not limit any of the powers in Schedule 24 to the Greater London Authority Act 1999 (workplace parking levy in Greater London).
(1) A local licensing scheme may cover the whole or any part of the area of the licensing authority.
(2) A local licensing 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 licensing authority.
(1) A joint local licensing scheme may cover the whole or any part of the combined area of the licensing authorities.
(2) A joint local licensing 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 licensing authorities.
(1) A joint local-London licensing scheme may cover—
(a) the whole or any part of the area of the non-metropolitan local traffic authority, or combined area of the non-metropolitan local traffic authorities, by which it is made, and
(b) the whole or any part of any area to which a scheme under Schedule 24 to the Greater London Authority Act 1999 made by the London traffic authority, or any of the London traffic authorities, by which it is made could apply.
(2) A joint local-London licensing 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 non-metropolitan local traffic authority, or ... the non-metropolitan local traffic authorities, by which it is made, and
(b) 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.
(1) For the purposes of this Part a workplace parking place is provided at any premises at any time if a parking place provided at the premises is at that time occupied by a motor vehicle (other than an exempt vehicle) used—
(a) by a relevant person,
(b) by an employee, agent, supplier, business customer or business visitor of a relevant person,
(c) by a pupil or student attending a course of education or training provided by a relevant person, or
(d) where a body whose affairs are controlled by its members is a relevant person, by a member of the body engaged in the carrying on of any business of the body,
for attending a place at which the relevant person carries on business at or in the vicinity of the premises.
(2) In this section “relevant person” means—
(a) the person who provides the parking place in question (“the provider”),
(b) any person with whom the provider has entered into arrangements to provide the parking place (whether or not for that person’s own use), or
(c) any person who is associated with the provider or a person within paragraph (b).
(3) For the purposes of subsection (2)(c) 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 section—
“business” includes—
any trade, profession, vocation or undertaking,
the functions of any office holder,
the provision of any course of education or training, and
the functions of, or any activities carried on by, a government department or a 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 any premises occupied by 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—
in the course of his employment, or
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 occupied by the relevant person,
“employee” means a person employed under a contract of service or apprenticeship, whether express or implied, and (if express) whether oral or in writing, and
“supplier”, in relation to a relevant person, means—
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
any agent or sub-contractor of such a person.
(5) The appropriate national authority may make regulations amending the preceding provisions of this section for the purpose of adding, removing or varying cases where, for the purposes of this Part, a workplace parking place is provided.
(1) A licensing scheme under this Part is made by order of the licensing authority or of the licensing authorities (acting jointly).
(2) The licensing authority or the licensing authorities (acting jointly) may by order vary a licensing scheme under this Part and the licensing authority or any of the licensing authorities may by order revoke such a scheme.
(3) The appropriate national authority may make regulations about orders making, varying or revoking licensing schemes under this Part, including (in particular)—
(a) provision specifying the form of orders,
(b) provision about the publication of proposals for orders making or varying such licensing schemes and the making and consideration of objections to such proposals, and
(c) provision about the publication of notice of orders and of their effect.
(4) Before making regulations under subsection (3) which relate to joint local-London licensing schemes the Secretary of State shall consult the Greater London Authority about the regulations so far as they so relate.
(1) A licensing scheme under this Part shall not come into force unless the order making it has been submitted to and confirmed by the appropriate national authority; and a variation of such a licensing scheme shall not take effect until the order making the variation has been so submitted and confirmed.
(2) Subsection (1) does not apply in such circumstances as may be specified in or determined in accordance with regulations made by the appropriate national authority.
(3) A joint local-London licensing scheme shall not come into force unless the order making it has been submitted to and confirmed by the Greater London Authority; and a variation or revocation of such a licensing scheme shall not take effect until the order making the variation or revocation has been so submitted and confirmed.
(4) Where confirmation of an order is required by this section, the order may be confirmed with or without modifications.
(5) Where confirmation by both the Secretary of State and the Greater London Authority of an order making a joint local-London licensing scheme, or a variation of such a licensing scheme, is required by this section—
(a) the order shall not be submitted to the Secretary of State until it has been confirmed by the Greater London Authority,
(b) if the order has been confirmed by the Greater London Authority with modifications it is the modified order that must be submitted to the Secretary of State, and
(c) the order may not be confirmed with modifications by the Secretary of State until the modifications have been confirmed by the Greater London Authority.
185 Licensing schemes: consultation and inquiries.
(1) The licensing authority or the licensing authorities (acting jointly) may at any time before an order making, varying or revoking a licensing scheme under this Part is made, consult other persons about the licensing scheme, variation or revocation.
(2) The licensing authority or the licensing authorities (acting jointly)—
(a) may cause an inquiry to be held in relation to a licensing scheme under this Part, or the variation or revocation of such a scheme, and
(b) may appoint the person or persons by whom such an inquiry is to be held.
(3) The appropriate national authority may at any time—
(a) before an order making or varying a licensing scheme under this Part is made, or
(b) (where such an order has to be confirmed) before it is confirmed,
consult other persons, or require the licensing authority or authorities to consult other persons, about the licensing scheme or variation.
(4) The appropriate national authority—
(a) may cause an inquiry to be held in relation to a licensing scheme under this Part or the variation of such a scheme, and
(b) may appoint the person or persons by whom such an inquiry is to be held.
(5) In the case of a joint local-London licensing scheme—
(a) the Greater London Authority may, at any time before an order making, varying or revoking the licensing scheme is confirmed by that Authority, consult other persons, or require the licensing authorities to consult other persons, about the licensing scheme, variation or revocation, and
(b) the Secretary of State shall not cause an inquiry to be held in relation to the licensing scheme, or the variation of the licensing scheme, or appoint the person or persons by whom such an inquiry is to be held, without the consent of the Greater London Authority.
(6) Subsections (2) and (3) of section 250 of the Local Government Act 1972 (witnesses at local inquiries) apply in relation to any inquiry held by virtue of this section.
(7) Where an inquiry is held by virtue of this section in relation to a licensing scheme or the variation or revocation of such a scheme—
(a) the costs of the inquiry shall be paid by the licensing authority or authorities, and
(b) the parties at the inquiry shall bear their own costs.
186 Matters to be dealt with in licensing schemes.
(1) A licensing scheme under this Part must—
(a) designate the area covered by the licensing scheme (“the licensing area”),
(b) state the days on which, and hours during which, a licence is required,
(c) specify the charges payable on licences (expressed as a specified sum of money for each licensed unit), and
(d) state whether or not the licensing scheme is to remain in force indefinitely and, if it is not to remain in force indefinitely, the period for which it is to remain in force.
(2) Subject to sections 179 to 181 and to any modifications made by virtue of section 184, the designation by a licensing scheme under this Part of the boundaries of the licensing area shall be such as the licensing authority or authorities may determine.
(3) The charges that may be imposed by a licensing scheme under this Part include different charges (which may be no charge) for different cases, including (in particular)—
(a) different days,
(b) different times of day,
(c) different parts of the licensing area,
(d) different classes of motor vehicles, and
(e) different numbers of licensed units.
(4) In setting the charges imposed by a licensing scheme under this Part, regard may be had to the purposes for which any of the net proceeds of the licensing scheme may be applied (in accordance with Schedule 12).
(5) A licensing scheme may include provision for or in connection with—
(a) the making of an application for a licence,
(b) the grant of a licence,
(c) the issue of a licence, and
(d) the variation or revocation of a licence.
(1) The appropriate national authority may make regulations requiring licensing schemes under this Part to contain provision for or in connection with—
(a) exemptions from licensing,
(b) the application of reduced rates of charges payable on licences, or
(c) the imposition of limits on the charges payable on a licence.
(2) Subject to regulations under subsection (1) and to section 184(1) and (3), a licensing scheme under this Part may contain provision of any of the descriptions specified in that subsection.
(3) The same premises shall not be subject to more than one licensing scheme under this Part, or to such a licensing scheme and a scheme under Schedule 24 to the Greater London Authority Act 1999, at the same time.
(4) In subsection (1) the reference to exemptions from licensing includes (as well as exemptions in respect of any description of premises, persons or motor vehicles) exemption of a specified number of parking places provided at any premises from being workplace parking places, either generally or in the case of any description of premises, persons or motor vehicles.
(1) A licence must—
(a) state the name of the person to whom it is granted,
(b) identify the premises to which it relates,
(c) specify the maximum number of motor vehicles (not counting exempt vehicles) which may be parked at those premises at any one time, and
(d) state the amount of the charge paid on the licence and set out the calculation of that amount.
(2) A licence may be granted subject to conditions.
(3) A licence may not be granted for a period of more than one year.
(4) A person commits an offence if he intentionally provides false or misleading information in or in connection with an application for a licence.
(5) A person guilty of an offence under subsection (4) is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum, or
(b) on conviction on indictment, to a fine.
(1) The appropriate national authority may by regulations make provision for or in connection with the imposition and payment of charges (“licensing scheme penalty charges”) in respect of acts, omissions, events or circumstances relating to or connected with licensing schemes under this Part.
(2) The regulations may include provision for or in connection with setting the rates of licensing scheme penalty charges (which may include provision for discounts or surcharges).
(3) Licensing scheme penalty charges in respect of any premises shall be paid—
(a) by the occupier of the premises, or
(b) in circumstances specified in regulations made by the appropriate national authority, by such person as is so specified.
(4) The Lord Chancellor may make regulations about the notification, adjudication and enforcement of licensing scheme penalty charges.
(1) Where a person duly authorised in writing by the licensing authority, or any of the licensing authorities, in relation to a licensing scheme under this Part has reason to believe that workplace parking places are being provided at any premises in the licensing area, he may at any reasonable time enter the premises for ascertaining—
(a) whether any workplace parking places are being provided at the premises without a licence or a licence covering all the workplace parking places being provided, or
(b) whether there is or has been any contravention of the conditions of a licence in respect of the premises.
(2) A person duly authorised in writing by the licensing authority, or any of the licensing authorities, in relation to a licensing scheme under this Part may at any reasonable time enter any premises for the purpose of issuing notice of a licensing scheme penalty charge.
(3) A person authorised under subsection (1) or (2) to enter any premises shall, if so required, produce evidence of his authority before so entering.
(4) A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by subsection (1) or (2).
(5) A person guilty of an offence under subsection (4) is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum, or
(b) on conviction on indictment, to a fine.
(6) Where any land is damaged in the exercise of a right of entry conferred under subsection (1) or (2), compensation in respect of that damage may be recovered by any person interested in the land from the authority on whose behalf the entry was effected.
(7) The provisions of section 118 of the Town and Country Planning Act 1990 shall apply in relation to compensation under subsection (6) as they apply in relation to compensation under Part IV of that Act.
The charging authority or licensing authority, or any of the charging authorities or licensing authorities, in relation to a charging scheme or licensing scheme under this Part may—
(a) incur expenditure in or in connection with the establishment or operation of the charging scheme or licensing scheme, or
(b) enter into arrangements (including arrangements for forming or participating in companies) with any person in respect of the operation of the charging scheme or licensing scheme or relating to the installation or operation of any equipment used for or in connection with the operation of the charging scheme or licensing scheme.
(1) The appropriate national authority may issue guidance to non-metropolitan local traffic authorities, Integrated Transport Authorities, combined authorities , combined county authorities and London traffic authorities in relation to the discharge of their functions with respect to charging schemes and licensing schemes under this Part; and such authorities shall, in exercising those functions, have regard to any such guidance.
(2) Before issuing guidance under this section which relates to joint local-London charging schemes, joint ITA-London charging schemes or joint local-London licensing schemes the Secretary of State shall consult the Greater London Authority about the guidance so far as it so relates.
(3) Guidance issued under this section shall be published in such manner as the appropriate national authority by which it is issued considers appropriate; and the appropriate national authority may at any time vary or revoke guidance issued by it under this section.
(1) Information obtained by—
(a) any Minister of the Crown or government department,
(b) the National Assembly for Wales, or
(c) any local authority or other statutory body,
may be disclosed to a traffic authority or Integrated Transport Authority, Integrated Transport Authority , combined authority or combined county 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.
(2) Information obtained by a traffic authority or Integrated Transport Authority, Integrated Transport Authority , combined authority or combined county 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.
(3) Any information—
(a) which has been or could be disclosed to an authority under subsection (1) for or in connection with the exercise of any of their functions with respect to a charging scheme or licensing scheme, or
(b) which has been or could be used by an authority by virtue of subsection (2) 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 section 192(b).
(4) Information disclosed to a person under subsection (3)—
(a) may be disclosed to any other person for or in connection with the charging scheme or licensing scheme, but
(b) may not be used (by him or any other person to whom it is disclosed under paragraph (a)) otherwise than for or in connection with the charging scheme or licensing scheme.
(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, Integrated Transport Authority , combined authority or combined county 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.
195 Determination of disputes, appeals and evidence.
(1) The Lord Chancellor may by regulations make provision for or in connection with—
(a) appeals against decisions relating to licences under licensing schemes under this Part or any failure to make such a decision,
(b) the determination of disputes relating to charging schemes or licensing schemes under this Part,
(c) appeals against such determinations or any failure to make such a determination, and
(d) the appointment of persons to hear any such appeals.
(2) The Lord Chancellor may by regulations make provision for or in connection with permitting evidence of a fact relevant to proceedings for an offence under this Part, or proceedings in respect of a failure to comply with the provisions of a charging scheme or licensing scheme under this Part, to be given by the production of—
(a) a record produced by a device specified in, or determined in accordance with, the regulations, and
(b) a certificate (whether in the same or another document) as to the circumstances in which the record was produced signed by a person so specified or determined.
(1) Chapter I applies in relation to Crown roads (within the meaning of section 131 of the Road Traffic Regulation Act 1984) as in relation to other roads.
(2) The provisions of this Part and of regulations and schemes under it bind the Crown.
(3) No contravention by the Crown of any of those provisions makes the Crown criminally liable; but—
(a) 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, and
(b) (subject to subsection (4)) those provisions 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—
(a) regulations made under section 174(2), or
(b) section 190(1) or (2),
is exercisable in relation to any motor vehicle in the public service of the Crown or any premises held or used by or on behalf of the Crown.
(5) Nothing in this section affects Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.
(1) Any power to make regulations under this Part—
(a) is exercisable by statutory instrument,
(b) includes power to make different provision for different cases, and
(c) may be exercised so as to make incidental, consequential, supplementary or transitional provision or savings.
(2) The power to make an order making, varying or revoking a trunk road charging scheme is exercisable by statutory instrument.
(3) Regulations under paragraph ... 13(5) of Schedule 12 shall not be made without the consent of the Treasury.
(4) Regulations shall not be made by the Secretary of State under—
(a) section 182(5), or
(b) paragraph ... 13(5) of Schedule 12,
unless a draft of the regulations has been laid before, and approved by a resolution of, the House of Commons.
(5) A statutory instrument containing regulations made by the Secretary of State or the Lord Chancellor under any other provision of this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) The references in subsections (4) and (5) to regulations made by the Secretary of State include regulations made by him jointly with the Welsh Ministers.
(7) Regulations shall not be made by the Welsh Ministers under—
(a) section 182(5), or
(b) paragraph 15(4) of Schedule 12,
unless a draft of the regulations has been laid before, and approved by a resolution of, Senedd Cymru.
(8) A statutory instrument containing regulations made by the Welsh Ministers under any other provision of this Part shall be subject to annulment in pursuance of a resolution of Senedd Cymru.
(9) The references in subsections (7) and (8) to regulations made by the Welsh Ministers include regulations made by them jointly with the Secretary of State.