Office of Public Sector Information
Section 296.
1 (1) In this Schedule, except where the context otherwise requires—
“borough scheme” means any licensing scheme other than a TfL scheme;
“contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if express) whether oral or in writing;
“controlled vehicle” shall be construed in accordance with paragraph 5 below (but subject to any provision made by, or by regulations made by virtue of, any other provision of this Schedule);
“employed” means employed under a contract of employment;
“employee” means a person employed under a contract of employment;
“licence” means a licence authorising the parking of a maximum number of controlled vehicles at any one time in parking places provided at the licensed premises by the occupier of those premises; and “licensed unit” means each unit comprised in that maximum number;
“licensed premises”, in the case of any licence, means the premises to which the licence relates;
“licensing area” means an area to which a licensing scheme applies;
“licensing authority” means an authority which is the maker of a licensing scheme;
“licensing scheme” means a scheme for the licensing of persons providing workplace parking places at premises in an area designated in the scheme;
“motor vehicle” has the same meaning as in section 295 of this Act;
“net proceeds”, in relation to a licensing scheme, means the amount (if any) by which the gross amount received under the scheme for any financial year by the licensing authority exceeds the expenses incurred by that authority in operating the scheme for that year;
“occupier”, in relation to any premises, means the person who is the occupier for the purposes of non-domestic rates;
“penalty charge” has the same meaning as in paragraph 18 below;
“penalty charge notice” means notice of a penalty charge;
“prescribed” means specified in, or determined in accordance with, regulations;
“regulations” means regulations made by the Secretary of State;
“relevant transport purpose” means any purpose which directly or indirectly facilitates the implementation of any policies or proposals set out in the Mayor’s transport strategy;
“TfL scheme” means a licensing scheme made by Transport for London;
“workplace parking place” means a parking place provided and occupied as mentioned in paragraph 3 below.
(2) For the purpose of ascertaining the net proceeds of a licensing scheme for any financial year, the expenses of operating the scheme in that year shall be taken to include—
(a) any costs of, or associated with, enforcement in that year;
(b) amounts attributed to that year in respect of depreciation of assets used in connection with the scheme;
(c) other amounts attributed to that year in respect of capital costs which were incurred for the purpose of establishing or operating the scheme and which fall to be apportioned between different financial years; and
(d) interest.
(3) Any reference in this Schedule to a class of motor vehicles is a reference to a class defined or described by reference to any characteristics of the motor vehicles or to any other circumstances whatsoever.
(4) For the purposes of this Schedule—
(a) the City of London shall be treated as if it were a London borough;
(b) the Common Council shall be treated as if it were the council for a London borough; and
(c) the Inner Temple and the Middle Temple shall be treated as forming part of the City.
2 Any functions conferred or imposed on the Authority by or under this Schedule are exercisable by the Mayor acting on behalf of the Authority.
3 (1) For the purposes of this Schedule and section 296 of this Act, the cases where a person provides a workplace parking place are those cases where the person is the occupier of premises and provides at those premises a parking place which is for the time being occupied by a motor vehicle used—
(a) by a relevant person, or
(b) by an employee, agent, supplier, business customer or business visitor of a relevant person, or
(c) by a pupil or student attending a course of education or training provided by a relevant person, or
(d) where the Authority or a London borough council is a relevant person, by the Mayor or a member of the Assembly or, as the case may be, of the council,
for attending a place at which the relevant person carries on business at or in the vicinity of the premises.
(2) In this paragraph “relevant person” means—
(a) the person who provides the parking place in question;
(b) any other person with whom that person has entered into arrangements to provide the parking place (whether or not for that other person’s own use); or
(c) any person who is associated with a person who falls within paragraph (a) or (b) above.
(3) For the purposes of sub-paragraph (2)(c) above any two persons are “associated” if and only if—
(a) one is a company of which the other (directly or indirectly) has control; or
(b) both are companies of which a third person (directly or indirectly) has control.
(4) For the purposes of this paragraph—
“business” includes—
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, local authority or other statutory body;
“business customer”, in relation to a relevant person, means a client or customer of the relevant person who is attending at the premises of the relevant person for the purposes of a business carried on by that client or customer;
“business visitor”, in relation to a relevant person, means an individual who—
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 whose occupier is the relevant person;
“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.
4 The Secretary of State may by regulations amend paragraph 3 above for the purpose of adding, removing or varying cases where, for the purposes of this Schedule and section 296 of this Act, a person provides a workplace parking place.
5 Where the provision of a parking place for a motor vehicle by a person at any premises constitutes the provision of a workplace parking place, then, for the purposes of this Schedule, the vehicle is a “controlled vehicle” as respects that person and those premises, subject to any exemption conferred by a licensing scheme.
6 A licensing scheme may only be made if it appears desirable or expedient for the purpose of directly or indirectly facilitating the implementation of any policies or proposals set out in the Mayor’s transport strategy.
7 (1) Any licensing scheme must be contained in an order—
(a) made under this Schedule by the authority making the scheme; and
(b) submitted to, and confirmed (with or without modification) by, the Authority.
(2) An order containing a licensing scheme shall be in such form as the Authority may determine.
(3) The Authority may—
(a) consult, or require an authority making a licensing scheme to consult, other persons;
(b) hold an inquiry, or cause an inquiry to be held, for the purposes of any order containing a licensing scheme;
(c) appoint the person or persons by whom any such inquiry is to be held;
(d) make modifications to any such order, whether in consequence of any objections or otherwise, before the order takes effect;
(e) require any such order to include such exemptions for such purposes as the Authority may determine.
8 A licensing scheme must be in conformity with the Mayor’s transport strategy.
9 The approval of the Authority must be obtained before there is included in a borough scheme any provision of a description specified in a direction under this paragraph given by the Authority to the London borough councils.
10 (1) The Authority may authorise or require two or more London borough councils acting jointly to make a licensing scheme applying to the whole or part of their combined areas (a “joint licensing scheme”).
(2) In the application of this Schedule in relation to a joint licensing scheme, any reference to the licensing authority is a reference to all or any of the London borough councils concerned.
11 A licensing scheme must—
(a) designate the area to which it applies;
(b) state the days on which, and hours during which, the authorisation of a licence is required;
(c) specify the rates of charge applicable in respect of licences.
12 The same premises shall not be subject to more than one licensing scheme at the same time.
13 (1) The rates of charge applicable in respect of licences shall be expressed as a specified sum of money for each licensed unit.
(2) The rates of charge that may be imposed by a licensing scheme include different charges (which may be no charge) for—
(a) different days;
(b) different times of day;
(c) different parts of a licensing area;
(d) different classes of controlled vehicles;
(e) different numbers of licensed units.
(3) In setting the rates of charge, regard may be had to the purposes for which the licensing authority is to apply the net proceeds of the scheme.
14 (1) A licence under a licensing scheme 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 controlled vehicles which may be parked at those premises at any one time; and
(d) state the amount paid in respect of the licence and set out the calculation of that amount.
(2) A licence may be granted subject to conditions.
15 (1) The grant of a licence shall be for the period of one year unless the licence is a special licence.
(2) A licensing scheme may make provision for or in connection with the granting of special licences in circumstances specified in, or determined in accordance with, the scheme.
(3) In connection with the granting of special licences, a licensing scheme may include provision conferring a discretion on any body or person.
(4) The grant of a special licence shall be for a period of less than a year.
16 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 (which must be for the licensed units applied for);
(c) the issue of a licence;
(d) the variation or revocation of a licence.
17 (1) The Secretary of State may by regulations make provision for or in connection with exempting—
(a) a prescribed number of parking places provided at any premises from being workplace parking places, or
(b) any prescribed class of motor vehicles from being controlled vehicles,
whether generally or in the case of any prescribed description of premises or any prescribed description of disabled or other persons.
(2) The Secretary of State may by regulations make provision for or in connection with—
(a) exemptions from licensing,
(b) the application of reduced rates of charges for licences, or
(c) the imposition of limits on the charges payable for a licence,
in the case of any prescribed description of premises or any prescribed description of disabled or other persons or, in the case of paragraph (b) or (c) above, any prescribed class of motor vehicles.
(3) Subject to any regulations under sub-paragraph (1) or (2) above, a licensing scheme may make provision exempting—
(a) a specified number of parking places provided at any premises from being workplace parking places, or
(b) any class of motor vehicles from being controlled vehicles,
whether generally or in relation to persons or premises of a particular description.
(4) Subject to any regulations under sub-paragraph (1) or (2) above, a licensing scheme may make provision for or in connection with—
(a) exemptions from licensing,
(b) the application of reduced rates of charges for licences, or
(c) the imposition of limits on the charges payable for a licence,
in the case of any particular description of persons or premises or, in the case of paragraph (b) or (c) above, any particular class of motor vehicles.
18 (1) Regulations may make provision for or in connection with the imposition, notification, payment, adjudication or enforcement of penalty charges in respect of acts, omissions, events or circumstances relating to or connected with a licensing scheme.
(2) Regulations under sub-paragraph (1) above may make provision for or in connection with setting the rates of penalty charges (which may include provision for discounts or surcharges).
19 (1) Regulations may make provision for or in connection with making the occupier of any premises, or such other person as may be prescribed, liable to pay any charges imposed in respect of the premises under or by virtue of a licensing scheme.
(2) Regulations may make provision for sums payable under or by virtue of a licensing scheme to be recoverable as a civil debt.
(3) Any reference in this paragraph to charges includes a reference to penalty charges.
20 Regulations may make provision for or in connection with—
(a) appeals against decisions relating to licences or in the case of a failure to make such a decision;
(b) the determination of disputes;
(c) appeals against determinations of disputes or in the case of a failure to make such a determination;
(d) the appointment of persons to hear appeals.
21 (1) A licensing authority shall keep an account of their income and expenditure in respect of each of the authority’s licensing schemes.
(2) Each of the following bodies, namely—
(a) the Authority,
(b) Transport for London, and
(c) a London borough council,
shall keep an account of their income and expenditure in respect of the sums received by the body which represent net proceeds of licensing schemes for which the body is not the licensing authority.
(3) As soon as possible after the end of each financial year, each of the bodies required to keep an account under sub-paragraph (1) or (2) above shall prepare a statement of that account for that year.
(4) A statement of account required to be prepared under sub-paragraph (3) above for any financial year shall be published—
(a) in the case of a statement of account prepared by Transport for London, in the annual report of Transport for London under section 161 of this Act for that year;
(b) in any other case, in the annual accounts for that year of the body which prepared the statement of account.
(5) At the end of each financial year—
(a) any deficit in an account required to be kept under sub-paragraph (1) or (2) above shall be made good out of the body’s general fund; and
(b) any surplus in any such account shall be dealt with in accordance with sub-paragraphs (6) and (7) below.
(6) Any such surplus shall be applied towards making good to the general fund any amount charged to that fund under sub-paragraph (5)(a) above in respect of the account in question in the ten years immediately preceding the financial year in question.
(7) So much of any surplus as remains after the application of sub-paragraph (6) above shall be carried forward in the account in question to the next financial year.
(8) In the application of this paragraph in relation to Transport for London, any reference to its general fund shall be taken as a reference to its gross income.
22 (1) In the case of any licensing scheme which comes into force during the period of ten years beginning with the inception of the Authority, the net proceeds of the scheme shall, during the scheme’s initial period, be available only for application for relevant transport purposes by any one or more of the following bodies, namely—
(a) the Authority;
(b) Transport for London; or
(c) a London borough council.
(2) Except as provided by sub-paragraph (1) above, the net proceeds of a licensing scheme shall be applied only as may be specified in, or determined in accordance with, regulations under this sub-paragraph.
(3) Regulations under sub-paragraph (2) above may include provision conferring a discretion on any body or person.
(4) The provision that may be made by regulations under sub-paragraph (2) above includes provision for sub-paragraph (1) above to continue to apply, but with the substitution for the number of years for the time being there mentioned of a number of years greater than ten.
(5) The net proceeds of licensing schemes may only be applied for purposes which provide value for money.
(6) Sub-paragraphs (1) to (5) above are without prejudice to paragraph 21(6) above.
(7) In this paragraph—
“the inception of the Authority” means the commencement of the term of office of the Mayor and Assembly members returned at the first ordinary election;
“the initial period”, in the case of any licensing scheme, means—
the period of ten years beginning with the coming into force of the scheme; or
such longer period as the Secretary of State may allow in the case of any particular scheme.
23 (1) Before making any regulations under paragraph 22(2) above, the Secretary of State shall make an assessment of what he considers to be—
(a) the likely amounts of net proceeds of licensing schemes; and
(b) the potential for spending such net proceeds on relevant transport purposes which provide value for money.
(2) Before making any such regulations, the Secretary of State shall consult the Authority.
(3) The Secretary of State may issue guidance to the Authority, Transport for London and the London borough councils with respect to the appraisal of whether any application of net proceeds of a licensing scheme for any purpose provides value for money.
(4) In determining how to apply the net proceeds of licensing schemes, the Authority, Transport for London and any London borough council shall comply with any guidance issued by the Secretary of State under sub-paragraph (3) above.
(5) The Secretary of State may at any time vary the guidance under sub-paragraph (3) above.
(6) In determining for the purposes of paragraph 22 above when the initial period there mentioned begins or expires in the case of any licensing scheme, regulations may make provision as to circumstances in which—
(a) the same licensing scheme is to be regarded as continuing in force, notwithstanding the making of amendments or the revocation and replacement (with or without modifications) of a scheme; or
(b) a different scheme is, or is not, to be regarded as coming into force.
24 (1) The Authority may require a licensing scheme to include provision for such portion of the net proceeds as the Authority may determine to be paid to—
(a) the Authority,
(b) Transport for London, or
(c) such London borough councils as may be specified or described by the Authority,
for application for relevant transport purposes.
(2) In this Schedule, any reference to a licensing authority’s share of the net proceeds of a licensing scheme is a reference to so much of the net proceeds of the scheme as remains after the making of any payments to other bodies or persons required by virtue of sub-paragraph (1) above or regulations under paragraph 22(2) above.
(3) For the purposes of this Schedule, the payment by the Authority of a sum received by the Authority by virtue of sub-paragraph (1) above to any body corporate for the purpose of the application of that sum by that body for relevant transport purposes shall be taken to be the application of that sum by the Authority for relevant transport purposes.
25 (1) A licensing scheme must include a statement of the licensing authority’s proposed general plan for applying the authority’s share of the net proceeds of the scheme during the opening ten year period.
(2) In sub-paragraph (1) above, “the opening ten year period”, in relation to any licensing scheme, means the period which—
(a) begins with the date on which the scheme comes into force; and
(b) ends with the tenth financial year that commences on or after that date.
(3) An order containing a licensing scheme shall not come into force unless and until the statement required by sub-paragraph (1) above has been approved—
(a) by the Secretary of State; and
(b) if the scheme is a borough scheme, by the Authority.
(4) In the case of a borough scheme, an application for approval under sub-paragraph (3)(a) above may only be made—
(a) by the Authority acting on behalf of the licensing authority; and
(b) after the giving by the Authority of the approval required by sub-paragraph (3)(b) above.
26 (1) As long as a licensing scheme remains in force, the licensing authority shall, during every fourth financial year after the financial year in which the scheme comes into force, prepare a written statement of their proposed general programme for applying the authority’s share of the net proceeds of the scheme during the next four financial years.
(2) Any statement required to be prepared under sub-paragraph (1) above must be submitted for approval to—
(a) the Secretary of State; and
(b) in the case of a borough scheme, the Authority.
(3) Any statement required to be submitted to the Secretary of State under sub-paragraph (2)(a) above must be so submitted not less than six months before the end of the financial year during which the statement is required to be prepared.
(4) In the case of a borough scheme, any submission to the Secretary of State under sub-paragraph (2)(a) above may only be made—
(a) by the Authority acting on behalf of the licensing authority; and
(b) after the giving by the Authority of the approval required by sub-paragraph (2)(b) above.
(5) Any statement prepared and approved under this paragraph in the case of a licensing scheme prevails for all purposes over any conflicting provisions in the statement included in the scheme pursuant to paragraph 25 above.
27 (1) This paragraph applies in relation to a licensing scheme which by virtue of paragraph 24(1) above includes provision for a portion of the net proceeds of the scheme (the “redistributed portion”) to be paid by the licensing authority to another body.
(2) The Authority shall prepare and submit to the Secretary of State a statement of the Authority’s general plan for the application (whether by the Authority or any other body) of the redistributed portion during the opening ten year period.
(3) In sub-paragraph (2) above, “the opening ten year period”, in relation to any licensing scheme, means the period which—
(a) begins with the date on which the scheme comes into force; and
(b) ends with the tenth financial year that commences on or after that date.
(4) An order containing a licensing scheme shall not come into force unless and until any statement required by sub-paragraph (2) above in the case of that scheme has been approved by the Secretary of State.
28 (1) As long as a licensing scheme to which paragraph 27 above applies remains in force, the Authority shall, during every fourth financial year after the financial year in which the scheme comes into force, prepare the statement described in sub-paragraph (2) below.
(2) That statement is a written statement of the Authority’s proposed general programme for the application (whether by the Authority or any other body) of the redistributed portion of the net proceeds of the scheme during the next four financial years.
(3) Any statement required to be prepared under sub-paragraph (1) above must be submitted for approval to the Secretary of State not less than six months before the end of the financial year during which the statement is required to be prepared.
(4) A statement prepared and approved under this paragraph for any scheme prevails for all purposes over any conflicting provisions in the statement prepared and approved under paragraph 27 above for that scheme.
29 (1) Except with the consent of the Secretary of State in any particular case, none of the licensing authority’s share of the net proceeds of a licensing scheme may be applied in any financial year beginning after the end of the opening four year period unless and until a statement under paragraph 26 above having effect in relation to a period in which that year falls has been prepared and approved under that paragraph.
(2) Except with the consent of the Secretary of State in any particular case, none of the redistributed portion of the net proceeds of a licensing scheme may be applied in any financial year beginning after the end of the opening four year period unless and until a statement under paragraph 28 above having effect in relation to a period in which that year falls has been prepared and approved under that paragraph in relation to the scheme.
(3) In this paragraph, “the opening four year period”, in relation to any licensing scheme, means the period which—
(a) begins with the date on which the scheme comes into force; and
(b) ends with the fourth financial year that commences on or after that date.
30 (1) Where a statement has been prepared and approved under paragraph 26 or 28 above, the authority which prepared the statement may—
(a) amend the statement, or
(b) replace it with another statement (a “replacement statement”),
but subject to the following provisions of this paragraph.
(2) Subject to the following provisions of this paragraph, where a licensing scheme is in force—
(a) the licensing authority may prepare a statement such as is described in paragraph 26(1) above, and
(b) if the licensing scheme is one to which paragraph 27 above applies, the Authority may prepare a statement such as is described in paragraph 28(2) above,
at any time before the beginning of the first financial year for which a statement under paragraph 26 or, as the case may be, paragraph 28 above is required to be prepared in respect of the scheme.
Greater London Authority Act 1999