SCHEDULES

SCHEDULE 23Road user charging

Non-compliance with paragraph 20 or 22 above

23(1)Except with the consent of the Secretary of State in any particular case, none of the charging authority’s share of the net proceeds of a charging 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 20 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 charging 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 22 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 charging 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.