17 Classification of vehicles and level of tolls.E+W
(1)The classes of vehicles in respect of which tolls may be levied shall be those established immediately before the transfer date by any classification of vehicles then in force under the 1984 Act.
(2)Subject to the following provisions of this section, the toll leviable on and after the transfer date in respect of a vehicle of any class shall be that in force immediately before that date in respect of vehicles of that class.
(3)Below in this section—
“the base month” means, subject to subsection (10) below, the month of June; and
“the revision date” means the date immediately following the end of the period of two months beginning with the 1st day of the base month.
(4)Subject to subsection (9) below, on or within the period of seven days next following—
(a)the first revision date after the transfer date; and
(b)each succeeding revision date falling within the toll period;
the Secretary of State shall make an order fixing the amounts of the tolls in respect of all classes of vehicles in respect of which tolls are leviable.
(5)Subject to the following provisions of this section, the amount of the toll to be fixed by the order in respect of each class of vehicles shall be an amount arrived at by increasing the amount applicable in the case of that class on 1st January 1986 by the same percentage as the percentage increase between the retail prices index for December 1985 and the retail prices index for the month which is the base month in relation to the revision date in question.
(6)Any amount which falls in accordance with subsection (5) above to be fixed by an order under this section—
(a)if it is neither a multiple of ten nor an amount which on division by ten produces a remainder of five, shall be rounded to the nearest ten pence; and
(b)if it is an amount which on division by ten produces a remainder of five, shall be increased by five pence.
(7)Subject to subsection (8) below, where the amount of any toll which, in accordance with the preceding provisions of this section, falls to be fixed by an order made under this section in respect of any class of vehicles exceeds that in force under the last previous order so made, the new order may fix an amount which does not implement the increase or implements it only in part.
(8)Where tolls are for the time being leviable by the person appointed under section 11 of this Act, an order under this section may not by virtue of subsection (7) above fix an amount for any toll which does not implement, or implements only in part, any increase in the amount of that toll which would otherwise fall to be made under this section, except at the request of that person.
(9)Where, on any occasion when an order fixing the amounts of tolls falls to be made in accordance with subsection (4) above, in the case of the toll leviable in respect of each class of vehicles in respect of which tolls are leviable either—
(a)the amount which, in accordance with the preceding provisions of this section, would fall to be fixed by the order does not exceed that in force under the last previous order so made; or
(b)any increase which would fall to be made in the amount of that toll is one which by virtue of subsection (7) above need not be implemented by the order and the Secretary of State proposes not to implement it;
an order under subsection (4) above need not be made on that occasion.
(10)Where the retail prices index for any month during the toll period which is not for the time being the base month for the purposes of this section shows an increase of twelve per cent. or more over that for the last preceding base month, the month first mentioned above shall become the base month for the purposes of this section.
(11)An order made under this section shall come into force on the 1st day of the month next following that in which it is made.
(12)References in this section to the retail prices index are references to the general index of retail prices (for all items) published by the [F1Central Statistical Office of the Chancellor of Exchequer]; and if that index is not published for any month those references shall be read as references to any substituted index or index figures published by that Department for that month.
(13)Subsection (8) above shall not apply in relation to any order made under this section during any toll extension period under paragraph 4 of Schedule 6 to this Act.
Subordinate Legislation Made
P1S. 17: power previously exercised by S.I. 1988/1364, 1989/1402 and 1990/1597
P2S. 17(4): s. 17(4) power exercised by S.I.1991/1808
Textual Amendments
F1S. 17(12) words substituted by S.I. 1989/992, art. 6(4), Sch. 2 paras.5(2)(d)