Parking (Code of Practice) Act 2019

Levy

8 Levy for recovery of administrative and investigation costs

(1) The Secretary of State may make regulations requiring accredited parking associations to pay a levy for the purposes of meeting costs incurred, or expected to be incurred, in connection with—

(a) the discharge of the Secretary of State’s functions under this Act;

(b) investigating whether persons have failed to act in accordance with the parking code;

(c) where the Secretary of State has entered into an agreement with a person under section 7 (appeals against parking charges), the establishment and maintenance by the person of a service for dealing with parking appeals (within the meaning of that section).

(2) The provision that may be made by regulations under subsection (1) includes, among other things—

(a) provision for determining the amount of levy payable by an accredited parking association;

(b) provision as to the times at which, or periods in respect of which, levy is to be paid;

(c) provision as to the person or persons to whom levy is to be paid;

(d) provision about the manner in which levy is to be paid;

(e) provision for interest to be charged (at a rate specified in, or determined in accordance with, the regulations) in respect of unpaid amounts of levy;

(f) provision for levy, together with any interest charged, to be recoverable as a debt;

(g) provision about the consequences of any failure to pay levy, including (among other things) provision for such failure to be taken into account when making a relevant decision (see subsection (4));

(h) provision for the making of repayments of levy in specified circumstances.

(3) The provision that may be made by regulations under subsection (1) also includes, among other things—

(a) provision requiring specified information to be provided by an accredited parking association in connection with the determination of the amount of levy to be paid by the association;

(b) provision about the consequences of non-compliance with provision under paragraph (a), including (among other things)—

(i) provision enabling the making of assumptions as to the information that would otherwise have been provided by the association;

(ii) provision for such non-compliance to be taken into account when making a relevant decision (see subsection (4));

(c) provision about certification of the accuracy of information provided by virtue of paragraph (a);

(d) provision requiring specified information to be provided to accredited parking associations;

(e) provision about the manner and timing of the provision of information under the regulations;

(f) provision requiring the publication by specified persons of specified information.

(4) In this section—

• “relevant decision” means—

  (a)

  a decision whether to disclose any particulars contained in the register to a person under regulation 27 of the Road Vehicles (Registration and Licensing) Regulations 2002 (S.I. 2002/2742);

  (b)

  a decision whether a person should be, or should continue to be, an accredited parking association;

• “specified” means specified in regulations under subsection (1).