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Greater London Authority Act 1999

Status:

This is the original version (as it was originally enacted).

Section 296.

SCHEDULE 24Workplace parking levy

This schedule has no associated Explanatory Notes

Interpretation

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.

Authority functions exercisable by the Mayor

2Any functions conferred or imposed on the Authority by or under this Schedule are exercisable by the Mayor acting on behalf of the Authority.

Provision of workplace parking places

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—

    (a)

    any trade, profession, vocation or undertaking;

    (b)

    the functions of any office holder;

    (c)

    the provision of any course of education or training; and

    (d)

    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—

    (a)

    in the course of his employment, or

    (b)

    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)

    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

    (b)

    any agent or sub-contractor of such a person.

Power to amend paragraph 3 above

4The 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.

Controlled vehicles

5Where 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.

Conditions for making a licensing scheme

6A 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.

Making a licensing scheme

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.

Scheme to conform with Mayor’s transport strategy

8A licensing scheme must be in conformity with the Mayor’s transport strategy.

Approval of Authority required for inclusion of certain provisions

9The 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.

Joint licensing schemes

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.

The contents of a licensing scheme

11A 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.

Prohibition on multiple licensing schemes

12The same premises shall not be subject to more than one licensing scheme at the same time.

The charges

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.

The contents of a licence

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.

Duration of licences

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.

Licensing: procedure

16A 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.

Exemptions, reduced rates etc

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.

Penalty charges

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).

Liability for charges

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.

Determination of disputes and appeals

20Regulations 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.

Accounts and funds

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.

Application of the net proceeds

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—

    (a)

    the period of ten years beginning with the coming into force of the scheme; or

    (b)

    such longer period as the Secretary of State may allow in the case of any particular scheme.

Provisions supplementary to paragraph 22

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.

Apportionment of net proceeds of licensing schemes

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.

Licensing authority’s 10 year plan for their share

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.

Licensing authority’s 4 year programmes for their share

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.

Authority’s 10 year plan for the redistributed portion

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.

Authority’s 4 year programmes for the redistributed portion

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.

Non-compliance with paragraph 26 or 28 above

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.

4 year programmes: amendment, replacement and voluntary statements

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.

(3)For the purposes of this paragraph—

(a)a “voluntary statement” is a statement prepared under sub-paragraph (2)(a) or (b) above,

(b)a statement prepared under sub-paragraph (2)(a) above shall be treated as a statement prepared under paragraph 26 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph, and

(c)a statement prepared under sub-paragraph (2)(b) above shall be treated as a statement prepared under paragraph 28 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph,

and references to statements under paragraph 26 or 28 above shall be construed accordingly.

(4)The power conferred by sub-paragraph (1)(b) or (2) above is exercisable—

(a)in the case of a statement under paragraph 26 above in respect of a borough scheme, during the period of six months beginning with the day on which a change of control of the London borough council concerned occurs; or

(b)in any other case, during the period of six months beginning with the term of office of any person returned as the Mayor at an ordinary election or at an election under section 16 of this Act.

(5)Where, in exercise of the powers conferred by this paragraph, an authority proposes—

(a)to amend or replace a statement prepared and approved under paragraph 26 or 28 above, or

(b)to prepare a voluntary statement,

sub-paragraph (6) below applies.

(6)Where this sub-paragraph applies, the amendment, replacement statement or voluntary statement must be submitted for approval—

(a)to the Secretary of State; and

(b)if the statement concerned or affected is one prepared in respect of a borough scheme by the licensing authority, to the Authority.

(7)Where sub-paragraph (6)(b) above applies, any submission to the Secretary of State under sub-paragraph (6)(a) above may only be made—

(a)by the Authority acting on behalf of the licensing authority concerned; and

(b)after the giving by the Authority of the approval required by sub-paragraph (6)(b) above.

(8)Where a statement prepared and approved under paragraph 26 or 28 above is amended in accordance with this paragraph, the statement shall continue to be regarded for the purposes of this Schedule as a statement so prepared and approved, notwithstanding the amendment.

(9)A replacement statement or a voluntary statement must relate to the four financial years beginning with the financial year in which it takes effect (disregarding so much of that year as has expired before the statement takes effect).

(10)A replacement statement or voluntary statement prepared and approved under this paragraph shall be taken for the purposes of this Schedule to be a statement prepared and approved—

(a)under paragraph 26 above, if it was prepared in respect of a licensing scheme by the licensing authority; or

(b)under paragraph 28 above, if it was prepared by the Authority.

(11)Where a voluntary statement or replacement statement prepared by an authority takes effect, the time at which any subsequent statement is required to be prepared by that authority by virtue of paragraph 26 or 28 above in respect of the licensing scheme in question shall be determined as if the financial year preceding that in which the replacement statement or voluntary statement takes effect had been such a fourth year as is mentioned in sub-paragraph (1) of that paragraph.

Rights of entry

31(1)Where a person duly authorised in writing by a licensing authority has reason to believe that any premises are being used for the provision of workplace parking places, he may at any reasonable time enter those premises for the purpose of—

(a)ascertaining whether controlled vehicles are parked at those premises without a licence in respect of those premises;

(b)ascertaining whether there are parked at those premises controlled vehicles in excess of the number permitted by a licence in respect of those premises; or

(c)ascertaining whether there is or has been any contravention of the conditions of a licence in respect of those premises.

(2)A person duly authorised in writing by a licensing authority may at any reasonable time enter any premises for the purpose of issuing a penalty charge notice.

(3)A person authorised under sub-paragraph (1) or (2) above to enter any premises shall, if so required, produce evidence of his authority before so entering.

(4)Any person who wilfully obstructs a person acting in the exercise of his powers under sub-paragraph (1) or (2) above shall be guilty of an offence and liable—

(a)on summary conviction to a fine not exceeding level 5 on the standard scale; or

(b)on conviction on indictment, to a fine.

(5)Where any land is damaged in the exercise of a right of entry conferred under sub-paragraph (1) or (2) above, compensation in respect of that damage may be recovered by any person interested in the land from the licensing authority on whose behalf the entry was effected.

(6)The provisions of section 118 of the [1990 c. 8.] Town and Country Planning Act 1990 shall apply in relation to compensation under sub-paragraph (7) above as they apply in relation to compensation under Part IV of that Act.

Evidence

32Regulations may make provision for or in connection with permitting evidence of a fact relevant to proceedings for an offence under this Schedule, or proceedings in respect of a failure to comply with the provisions of a licensing scheme, to be given by the production of—

(a)a record produced by a prescribed device; and

(b)a certificate (whether in the same or another document) as to the circumstances in which the record was produced signed by a prescribed person.

Expenses

33The Authority, Transport for London or a London borough council may—

(a)incur expenditure in or in connection with the establishment or operation of a licensing scheme; or

(b)enter into arrangements (including arrangements for forming or participating in companies) with any body or person in respect of the operation of a licensing scheme or relating to the installation or operation of any equipment used for or in connection with the operation of a licensing scheme.

Directions by the Authority

34(1)The Authority may give to any London borough council general or specific directions requiring the council to exercise, in such manner as may be specified in the directions,—

(a)any of the council’s powers under this Schedule; or

(b)for purposes connected with a licensing scheme made by that council or any other authority, any of the council’s powers under any other enactment relating to the management or control of traffic.

(2)A London borough council shall comply with any directions given to the council by the Authority.

Guidance

35(1)The Authority may issue guidance to Transport for London or any London borough council in relation to the discharge of their functions under this Schedule.

(2)Transport for London or a London borough council in exercising any function under this Schedule shall have regard to any guidance issued by the Authority under this paragraph.

Parking in the Palace of Westminster

36(1)This paragraph has effect for the purposes of this Schedule and section 296 of this Act.

(2)The Palace of Westminster shall be treated as premises occupied by the Corporate Officer of the House of Lords and the Corporate Officer of the House of Commons acting jointly.

(3)Every motor vehicle for which a parking place is provided at the Palace of Westminster shall be taken to be a motor vehicle used as mentioned in paragraph 3(1) above if it is a vehicle used—

(a)by a Member or officer of either House of Parliament;

(b)by a person employed as a member of the House of Lords staff;

(c)by a person employed as a member of the House of Commons staff;

(d)by a person employed by a member of either House of Parliament; or

(e)by, or by an employee of, any person supplying or seeking to supply goods or services to—

(i)the House of Lords,

(ii)the House of Commons,

(iii)any member or officer of either House of Parliament,

or any agent or sub-contractor of such a person.

(4)No offence under this Schedule or regulations made under it is capable of being committed in relation to parking in the Palace of Westminster.

(5)No right of entry conferred under or by virtue of this Schedule shall be exercisable in relation to the Palace of Westminster.

(6)No penalty charge notice shall be issued in respect of parking in the Palace of Westminster.

(7)In this paragraph—

  • “member of the House of Commons staff” means any person—

    (a)

    who was appointed by the House of Commons Commission; or

    (b)

    who is a member of the Speaker’s personal staff;

  • “member of the House of Lords staff” means any person who is employed under a contract of employment made with the Corporate Officer of the House of Lords.

Crown application

37(1)Subject to the provisions of this paragraph, the provisions of this Schedule and of regulations and licensing schemes made under it shall bind the Crown.

(2)No contravention by the Crown of any provision of this Schedule or of any regulations or licensing scheme made under it shall make the Crown criminally liable; but the High Court may, on the application of a licensing authority, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3)Notwithstanding anything in sub-paragraph (2) above, the provisions of this Schedule and of regulations and licensing schemes made under it shall apply to persons in the public service of the Crown as they apply to other persons.

(4)No power of entry conferred by this Schedule or regulations made under it shall be exercisable in relation to any premises held or used by or on behalf of the Crown.

(5)Nothing in this paragraph shall be taken as in any way affecting Her Majesty in her private capacity; and this sub-paragraph 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.

Duration of licensing schemes

38A licensing scheme shall state whether or not it is to remain in force indefinitely and, if it is not to remain in force indefinitely, shall state the period for which it is to remain in force.

Variation and revocation of licensing schemes

39The power to make a licensing scheme includes power, exercisable in the same manner, and subject to the same conditions and limitations, to vary or revoke such a scheme.

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