284Fixing of certain parking and other charges
For section 74 of the [1991 c. 40.] Road Traffic Act 1991 (fixing of certain parking and other charges for London) there shall be substituted—
“74Fixing of certain parking and other charges for London
(1)It shall be the duty—
(a)of Transport for London, so far as relating to trunk roads or GLA roads, and
(b)of the London local authorities, so far as relating to other roads,
to set the levels of additional parking charges to apply in London.
(2)Before setting the level of any charges under subsection (1) above, Transport for London must consult the London local authorities.
(3)Different levels may be set for different areas in London and for different cases or classes of case.
(4)Transport for London and the London local authorities shall submit to the Mayor of London, for his approval, the levels of additional parking charges which they propose to set under subsection (1) above.
(5)If—
(a)Transport for London or, as the case may be, the London local authorities fail to discharge their duty under subsection (1) above; or
(b)the Mayor of London does not approve the levels of additional parking charges proposed by the London local authorities,
the levels of additional parking charges for the roads referred to in paragraph (a) or (as the case may be) paragraph (b) of subsection (1) above shall be set by order made by the Mayor of London.
(6)Levels of additional parking charges set in accordance with this section may only come into force in accordance with section 74A below.
(7)It shall be the duty of Transport for London and the London local authorities to impose additional parking charges at the levels set in accordance with the provisions of this section.
(8)Transport for London and the London local authorities shall publish, in such manner as the Mayor of London may determine, the levels of additional parking charges which have been set in accordance with the provisions of this section.
(9)The functions conferred on London local authorities by this section or section 74A below shall be discharged by the Joint Committee.
(10)No person who represents Transport for London on the Joint Committee shall take any part in any proceedings of the Joint Committee so far as relating to the discharge by the Joint Committee of any functions under this section or section 74A below.
(11)Section 122 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (exercise of functions by local authorities) shall apply in relation to—
(a)Transport for London,
(b)the London local authorities, and
(c)the Mayor of London,
and functions conferred on them by or under this section as it applies to local authorities and functions conferred on them by or under that Act.
(12)In this section “additional parking charges” means—
(a)penalty charges;
(b)charges made by London authorities for the removal, storage and disposal of vehicles; and
(c)charges in respect of the release of vehicles from immobilisation devices fixed under section 69 above.
74AAdditional parking charges: reserve powers of Secretary of State
(1)Where the Mayor of London—
(a)on a submission under subsection (4) of section 74 above, approves any levels of additional parking charges, or
(b)sets any such levels under subsection (5) of that section,
he shall notify the Secretary of State of the levels of charges so approved or set.
(2)Where notification of any levels of charges is required to be given under subsection (1) above, the levels of charges shall not come into force until after the expiration of—
(a)the period of one month beginning with the day on which the notification is given, or
(b)such shorter period as the Secretary of State may allow.
(3)If, before the expiration of that period, the Secretary of State gives notice to the Mayor of London that he objects to the levels of charges on the grounds that some or all of them are or may be excessive, those levels of charges shall not come into force unless and until the objection has been withdrawn.
(4)If, at any time before the levels of charges required to be notified under subsection (1) above to the Secretary of State have come into force, the Secretary of State considers that some or all of them are excessive, he may make regulations setting the levels of charges.
(5)Levels of charges set under subsection (4) above must be no higher than those notified under subsection (1) above.
(6)Subsections (7) and (8) of section 74 above shall apply in relation to levels of charges set under subsection (4) above as if those levels of charges had been set in accordance with the provisions of that section—
(a)by Transport for London, so far as relating to GLA roads or trunk roads, or
(b)by the London local authorities, so far as relating to other roads.
(7)Regulations under subsection (4) above are without prejudice to the duties imposed on Transport for London and the London local authorities by section 74(1) above; but where the Secretary of State makes any such regulations—
(a)Transport for London, if the regulations relate to GLA roads or trunk roads, or
(b)the London local authorities, if the regulations relate to other roads,
must not make any further submission to the Mayor of London under section 74(4) above until after the expiration of the period of twelve months beginning with the day on which the regulations are made.”