Local Transport Act 2008

116 Use of equipment for charging schemes

(1) Section 176 of the TA 2000 (equipment etc) is amended as follows.

(2) In subsection (2)—

(a) the words from “approve standards for equipment” to the end of the subsection become paragraph (a) of that subsection;

(b) after paragraph (a) insert “, or

(b) regulate the manner in which such equipment is used.”.

(3) In subsection (3)—

(a) the words from “installed for or in connection with” to the end of the subsection become paragraph (a) of that subsection;

(b) for “subsection (2)” substitute “subsection (2)(a)”;

(c) after paragraph (a) insert—

“(b) used for or in connection with the operation of such a scheme otherwise than in accordance with regulations under subsection (2)(b).”.

(4) In Schedule 23 to the GLA Act 1999 (road user charging) paragraph 29 (approval of equipment) is amended as follows.

(5) In sub-paragraph (1)—

(a) the words from “the equipment” to the end of the sub-paragraph become paragraph (a);

(b) after paragraph (a) insert “, or

(b) the equipment is used in accordance with directions given by the Authority.”.

(6) After sub-paragraph (3) insert—

“(3A) Where the Secretary of State considers that—

(a) directions under sub-paragraph (1)(b) above regarding the use of equipment in connection with a charging scheme are incompatible with regulations under section 176(2)(b) of the Transport Act 2000, and

(b) the incompatibility is detrimental to the interests of persons resident in England outside Greater London,

he may give notice of that fact to the Authority.

(3B) Where the Secretary of State has given notice under sub-paragraph (3A) above to the Authority, the equipment in question may no longer be used in connection with a charging scheme except with the authorisation of the Secretary of State.”.

(7) In each of sub-paragraphs (4) and (5) after “sub-paragraph (3)” insert “or (3B)”.

(8) In consequence of the amendments made by subsections (5) to (7), the heading preceding paragraph 29 becomes “Approval of equipment and directions for use”.