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11Power to levy tolls

(1)The Board may demand, take and recover—

(a)tolls not exceeding the maximum toll amounts in respect of any class of traffic passing over or on the bridge; and

(b)such reasonable charges as it sees fit for any other services provided by it.

(2)The maximum toll amount for any class of traffic is the amount (including, where applicable, abnormal load charge) applicable to that class specified in Schedule 2 or such other amount as the Board may from time to time determine under this section.

(3)The Board at any time by resolution—

(a)may add to, adjust, alter, replace or remove the amount of any tolls; and

(b)may, subject to subsections (8) or (9), add to, adjust, alter, replace or remove the maximum toll amounts, the classes in Schedule 2 or both.

(4)The Board may if it sees fit and in respect of some or all classes of traffic, or in respect of particular users or categories of traffic within any class, from time to time—

(a)grant total or partial exemptions from and allow rebates on tolls payable under this section;

(b)enter into agreements for advance payment of tolls (“composition agreements”) with any person, including issuing season tickets;

(c)vary or extinguish any such exemption, rebate or composition agreement offered by it;

(d)cease to demand, take and recover tolls;

(e)resume demanding, taking and recovering tolls; and

(f)dispense with tolls during particular hours or for particular occasions.

(5)The person by whom tolls under this Act are payable in respect of a motor vehicle is the driver of the vehicle.

(6)Subject to any exemptions or rebates applicable for the time being—

(a)the tolls demanded, taken and recovered by the Board must be the same for each of the users or categories of traffic within a single class in Schedule 2; and

(b)composition agreements offered by the Board to persons seeking to compound in advance for the payment of tolls must be offered on the same terms with respect to the same description of use of the bridge to all persons seeking to compound in respect of that description.

(7)The Board may appoint any person to collect tolls as its agent.

(8)Before increasing any maximum toll amount (including any abnormal load charge for which a maximum charge is specified) for any class of traffic (whether by a direct change in amount or an indirect change as a result of a move from one class to another) by more than the increase in the retail prices index, the Board must—

(a)consult the Secretary of State and users of the bridge and the population of the constituent authorities on whether it is appropriate to do so;

(b)subsequently determine, having regard to the views expressed by the persons so consulted, that it is appropriate to do so.

(9)As soon as reasonably practicable following a determination under subsection (8), the Board must publish in an accessible form a report on the consultation undertaken prior to that determination.

(10)An increase in a maximum toll amount is to be taken as being an increase by more than the increase in the retail prices index if it exceeds the percentage difference between the retail prices index for September 2011 or for the month of September preceding the determination of the current maximum toll amount, whichever is the later, and the retail prices index for the month of September immediately preceding the month of the resolution authorising the increase.

(11)References in paragraph (8) and (10) to the retail prices index are to the monthly United Kingdom index of Retail Prices (for all items) published by the Office for National Statistics.

(12)If that index is not published for any month, those references are to any other index, or substitute for that index, for that month published by that office for that month.