Office of Public Sector Information
PART III continued CHAPTER II continued
(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.
(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 [1972 c. 70.] 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.
(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 [1999 c. 29.] 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 [1990 c. 8.] 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.
Schedule 12 contains financial provisions about charging schemes and licensing schemes.
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 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 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 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 for or in connection with the exercise of any of their functions with respect to the charging scheme or licensing scheme.
(2) Information obtained by 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 for or in connection with any of their functions other than their functions with respect to the charging scheme or licensing scheme may be used by them for or in connection with the exercise of any of their functions with respect to the charging scheme or licensing 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 the 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.
(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 [1984 c. 27.] 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 [1947 c. 44.] Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.
(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 9(1) or 13(2) or (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 9(1) or 13(2) or (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 National Assembly for Wales.
(1) In this Part—
“the appropriate national authority” means—
the Secretary of State in relation to charging schemes and licensing schemes relating only to England,
the National Assembly for Wales in relation to charging schemes and licensing relating only to Wales, and
the Secretary of State and the National Assembly for Wales, acting jointly, in relation to charging schemes and licensing schemes relating to both England and Wales,
“bridge” means a bridge or viaduct and includes the abutments of a bridge,
“charging authority” and “charging authorities” have the meanings given by section 163(5),
“charging scheme” has the meaning given by section 163(1),
“charging scheme penalty charges” shall be construed in accordance with section 173(1),
“exempt vehicle”, in relation to a licensing scheme, means a motor vehicle exempt from licensing under the scheme by virtue of regulations under subsection (1) of section 187 or provision included in the scheme by virtue of subsection (2) of that section,
“financial year” means a period of twelve months ending with 31st March,
“joint local charging scheme” shall be construed in accordance with section 163(3)(b),
“joint local licensing scheme” shall be construed in accordance with section 178(5)(b),
“joint local-London charging scheme” shall be construed in accordance with section 163(3)(c),
“joint local-London licensing scheme” shall be construed in accordance with section 178(5)(c),
“licence” shall be construed in accordance with section 178(3),
“licensed unit” has the meaning given by section 178(4),
“licensing area” shall be construed in accordance with section 186(1)(a),
“licensing authority” and “licensing authorities” have the meanings given by section 178(6),
“licensing scheme” has the meaning given by section 178(1),
“licensing scheme penalty charges” shall be construed in accordance with section 189(1),
“local charging scheme” shall be construed in accordance with section 163(3)(a),
“local licensing scheme” shall be construed in accordance with section 178(5)(a),
“local traffic authority” has the same meaning as in the [1984 c. 27.] Road Traffic Regulation Act 1984,
“London traffic authority” means Transport for London, a London borough council or the Common Council of the City of London,
“motor vehicle” has the meaning given in section 185(1) of the [1988 c. 52.] Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) shall apply as it applies for the purposes of the Road Traffic Acts,
“non-metropolitan local traffic authority” shall be construed in accordance with section 163(4),
“operation” includes enforcement (related expressions being construed accordingly),
“registered keeper”, in relation to a charge imposed in respect of motor vehicle, means the person in whose name the vehicle was registered under the [1994 c. 22.] Vehicle Excise and Registration Act 1994 at the time of the act, omission, event or circumstances in respect of which the charge is imposed,
“road” has the same meaning as in the [1984 c. 27.] Road Traffic Regulation Act 1984,
“trunk road charging scheme” shall be construed in accordance with section 163(3)(d), and
“workplace parking place” shall be construed in accordance with section 182.
(2) Any reference in this Part to an authority’s local transport plan shall, where the authority is the council of a metropolitan district, be construed as a reference to the local transport plan made jointly by the Passenger Transport Authority for the passenger transport area in which the district is included and the councils for the metropolitan districts comprised in that area.
(3) Any reference in this Part to a class of motor vehicles is a reference to a class defined or described, by reference to any characteristics of the motor vehicles or to any other circumstances whatsoever, in regulations made by the appropriate national authority.
Schedule 13 contains amendments of Schedules 23 and 24 to the [1999 c. 29.] Greater London Authority Act 1999 in consequence of the provisions of this Part and minor amendments of those Schedules.
In Schedule 5 to the [1988 c. 41.] Local Government Finance Act 1988 (local non-domestic rating: exemptions), after paragraph 18A insert—
18B (1) A hereditament which is occupied (as mentioned in section 65 of this Act) is exempt to the extent that—
(a) it consists of a road in respect of which charges are imposed by a charging scheme under Schedule 23 to the [1999 c. 29.] Greater London Authority Act 1999 or Part III of the Transport Act 2000, or
(b) it is used solely for or in connection with the operation of such a scheme.
(2) But office buildings are not exempt under sub-paragraph (1)(b) above.”
Transport Act 2000